Question about privately selling my handgun

thomasward00 · Jan 21, 2008

I have 2 XD 9's that I bought myself new, I want to sell one of them, I would like to know the rules and or laws about privately selling a handgun from one individual to another, of course I know that both parties have to be residents of the same state, but what paperwork or rules and or laws apply?

As you can tell i've never sold a gun before and just want to protect myself.

Thanks in advance....

JadeRaven · Jan 21, 2008

Don't sell it to someone you know or have reason to believe cannot legally purchase it (felon, under 18, et cetera).

Other than that, there is nothing required. A lot of folks like to write up a bill of sale with the serial # and drivers license numbers or something like that for both parties to keep. But it's up to you.

I'm sure others will chime in as well.

thomasward00 · Jan 21, 2008

JadeRaven said:
Don't sell it to someone you know or have reason to believe cannot legally purchase it (felon, under 18, et cetera).

Other than that, there is nothing required. A lot of folks like to write up a bill of sale with the serial # and drivers license numbers or something like that for both parties to keep. But it's up to you.

I'm sure others will chime in as well.

But how do I know if the person is a felon? If they show an ID of over 21, do I have to perform a background check myself? Of course i'll do a full bill of sale, how do i know or find out if a decent looking person with an id that shows over 21 can legally own a gun?

spanky · Jan 21, 2008

The legal age for private firearm sales is 18, not 21.

ETA: This is how my FTF transactions go.

Buyer hands Seller money
Seller hands buyer gun

or vice versa. :chuckles:

That's all that needs to occur. Any bills of sale, information or records keeping etc is to cover your ass. Some people worry about it and some don't.

thomasward00 · Jan 21, 2008

spanky said:
The legal age for private firearm sales is 18, not 21.

So basically as long as the person provides an in state Picture ID stating they are over 21, a decent looking person, and we both sign a bill of sale with all needed information then i'm cool? So you are saying their background cannot have any ramifications on me?

spanky · Jan 21, 2008

Also, I'm fairly certain that you can't be prosecuted simply for selling a gun to a felon. It'd have to be proven that you knew the buyer was not legally able to purchase.

Verify age and do a bill of sale if you feel it's necessary.

spanky · Jan 21, 2008

thomasward00 said:
So basically as long as the person provides an in state Picture ID stating they are over 21, a decent looking person, and we both sign a bill of sale with all needed information then i'm cool? So you are saying their background cannot have any ramifications on me?

You mean 18, right? Unless you simply don't want to sell to someone 18-20 years of age.

Not that I'm aware of. I'm not a lawyer but I honestly can't see you being charged for selling a firearm to someone who you could not have known couldn't legally own one.

thomasward00 · Jan 21, 2008

spanky said:
You mean 18, right? Unless you simply don't want to sell to someone 18-20 years of age.

Not that I'm aware of. I'm not a lawyer but I honestly can't see you being charged for selling a firearm to someone who you could not have known couldn't legally own one.

Thanks for the advice....

JadeRaven · Jan 21, 2008

Right. Background checks are not required by law for private transactions, and if the law wanted you to be absolutely sure then it would be required. From what I understand, there would have to be proof that you had reason to believe the person could not legally own the firearm for you to get into trouble.

My best advice would be to simply not deal with anyone you might think is shady. The couple times I've had some weirdo contact me about buying anything (even not firearm related) I just say "oh sorry man someone just put a deposit on it" or "it's no longer for sale" or something like that. Not worth the trouble.

And yes the 21 requirement is only for licensed dealers. To legally purchase a firearm of any type you only need to be 18 (in Louisiana, anyway).

MonarchC88 · Jan 21, 2008

Sell me one of the XD's. lol

And yes, you only have to be 18 to own or purchase a Handgun from person to person.

PAPACHUCK · Jan 21, 2008

If the buyer has a CCW, have him/her show it to you, that should help put your mind at ease. It won't hurt to ask.

Vermiform · Jan 21, 2008

JadeRaven said:
Right. Background checks are not required by law for private transactions, and if the law wanted you to be absolutely sure then it would be required. From what I understand, there would have to be proof that you had reason to believe the person could not legally own the firearm for you to get into trouble.

+1

This is the "Gunshow Loophole" they are feverishly trying to shut down. You can go to a gun show and walk around with it on your hip or a sign that says you have it for sale. Another private citizen can walk up and buy it from you. You can do the receipt thing if you want.

You see, if they can make a law stating all firearms transactions, even private citizens' transactions, require a background check, then very soon all firearms sales will be on paper somewhere. It is the first step to National Gun Registration. When they accomplish this, they will have a list of who owns what and it makes their job much easier when they decide to come pick them all up.

SpeedRacer · Jan 22, 2008

As others said, NOTHING is required other than cash and a gun. Just to be safe, I always use a bill of sale. I have a great one I found online from one of the "not so gun friendly" states. It's way overkill, but can't hurt, right?

Uploaded the Word doc here if anyone wants it: Bill of Sale

chibajoe · Jan 22, 2008

I verify that they are over 18 and a Louisiana resident by checking their id, and that they are not a felon by asking them. There's not much more to it than that.

iplaybass · Jan 22, 2008

what do you want for the xd? pm me

Question about privately selling my handgun

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