Do you think private gun sales should go through a FFL?

The Best online firearms community in Louisiana.

Member Benefits:

  • Fewer Ads!
  • Discuss all aspects of firearm ownership
  • Discuss anti-gun legislation
  • Buy, sell, and trade in the classified section
  • Chat with Local gun shops, ranges, trainers & other businesses
  • Discover free outdoor shooting areas
  • View up to date on firearm-related events
  • Share photos & video with other members
  • ...and so much more!
  • thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,772
    113
    Baton Rouge, LA
    Double standards???

    If he's selling to an unknown person, he's going through an FFL because of the background check. If he's buying a gun from an unknown person, he's getting a bos. If a family member is hurt by someone who got a gun without a background check being done, he will take legal action. I'm not seeing a double standard. What am I missing?
     

    Old Bubba

    Member
    Rating - 0%
    0   0   0
    May 6, 2013
    21
    3
    BRLA
    Odds of selling to a mass killer is half a billiin to one or something like that. I know whatching the news you would think its more common. Has anyone ever been succesfully prosecuted for selling a gun to a mass murderer?
    You wouldn't have to be successfully prosecuted. The legal bills and being vilified on the news would ruin your life! That's what all that crap is about. Not whether it's legal or not, just to ruin your life.
     

    Cajunaccla

    Member
    Rating - 0%
    0   0   0
    Apr 9, 2023
    9
    3
    Baton Rouge
    BOS example: I sold a car that was found on side of the Interstate, It was involved in some crime. The police knocked on my door. I showed my BOS and it was over.

    I certainly would at least ask for a BOS to sell my gun. Longshots do happen! Just my opinion
     

    GunRelated

    Well-Known Member
    Rating - 100%
    41   0   0
    Feb 22, 2012
    3,590
    113
    Walker, La
    My 2 cents worth. If I am selling a firearm to someone I DO NOT KNOW, I am going thru an FFL. IF the buyer uses it illegally I have documentation that I did a check. If I am buying a gun from some I DO NOT KNOW, I am getting a BOS with the sellers info. If the gun somehow turns up as stolen or used in a crime I have a name to go with it. This is common sense that should be used by all of us law abiding gun owners to ensure, as best we can, guns are being kept out of the hands of bad people. Many are right about it not happening...YET. But I can assure you if myself or a family member is a victim 'gun violence' and if turns out the perp got his gun from someone who DID NOT DO A BACKGROUND check, I will be lining up lawyers to sue them into oblivion. WE as responsible gun owners have a responsibility to protect our rights by dong what we can to stop criminals from getting guns. I know I may get flamed but I stand by what I've said. Also in case someone tries to 'read' more into this, I do not believe in going thru and FFL if selling to family member or good friend.
    Background checks do not deter people from participating in criminal activity. There are many people with no criminal record that participate in criminal activity daily.
    There are law abiding people with no criminal record that make the choice to participate in criminal activity, such as murder, all the time.
    The NICS system should not exist, period. Being legally obligated to participate in a system that defies at least 2 constitutional amendments is one thing, choosing to participate is something I think, some years ago, most people couldn't imagine.
     
    • Like
    Reactions: RT8

    Jstudz220

    Well-Known Member
    Rating - 100%
    26   0   0
    Oct 14, 2020
    1,926
    113
    Harvey Louisiana
    My 2 cents worth. If I am selling a firearm to someone I DO NOT KNOW, I am going thru an FFL. IF the buyer uses it illegally I have documentation that I did a check. If I am buying a gun from some I DO NOT KNOW, I am getting a BOS with the sellers info. If the gun somehow turns up as stolen or used in a crime I have a name to go with it. This is common sense that should be used by all of us law abiding gun owners to ensure, as best we can, guns are being kept out of the hands of bad people. Many are right about it not happening...YET. But I can assure you if myself or a family member is a victim 'gun violence' and if turns out the perp got his gun from someone who DID NOT DO A BACKGROUND check, I will be lining up lawyers to sue them into oblivion. WE as responsible gun owners have a responsibility to protect our rights by dong what we can to stop criminals from getting guns. I know I may get flamed but I stand by what I've said. Also in case someone tries to 'read' more into this, I do not believe in going thru and FFL if selling to family member or good friend.

    What exactly and who exactly would you sue?
     

    JBP55

    La. CHP Instructor #409
    Premium Member
    Rating - 100%
    338   0   0
    Apr 15, 2008
    17,060
    113
    Walker
    My 2 cents worth. If I am selling a firearm to someone I DO NOT KNOW, I am going thru an FFL. IF the buyer uses it illegally I have documentation that I did a check. If I am buying a gun from some I DO NOT KNOW, I am getting a BOS with the sellers info. If the gun somehow turns up as stolen or used in a crime I have a name to go with it. This is common sense that should be used by all of us law abiding gun owners to ensure, as best we can, guns are being kept out of the hands of bad people. Many are right about it not happening...YET. But I can assure you if myself or a family member is a victim 'gun violence' and if turns out the perp got his gun from someone who DID NOT DO A BACKGROUND check, I will be lining up lawyers to sue them into oblivion. WE as responsible gun owners have a responsibility to protect our rights by dong what we can to stop criminals from getting guns. I know I may get flamed but I stand by what I've said. Also in case someone tries to 'read' more into this, I do not believe in going thru and FFL if selling to family member or good friend.

    I hope you have plenty $$$$$$$$$ when you start Lining Up Lawyers to sue people.
     

    wiliermdb

    Well-Known Member
    Rating - 100%
    1   0   0
    Jan 12, 2014
    97
    8
    Prairieville, LA
    I do, why is it any of my Business who they are, or why they want it…

    When you sell a car do you ask them and make sure that they’re not gonna exceed the speed limit or make sure they wear a seatbelt…. Naaa none of my business LOL
    When a car is sold the title is transferred or in the event of no title, the purchaser must have a new title created in order to put the vehicle in their name, register it and obtain insurance. With a private sale of a firearm, a bill of sale basically says the gun was sold. I'd at least get it notarized. Either way if the firearm is registered in your name and you do a private sale the firearm is still registered in your name. It happened to a friend several years ago where a gun was sold privately and a few years later the gun was used in a shooting. The police traced the gun back to my friend and even with a bill of sale he had to deal with a bunch of stuff with the police. If you do a federal transfer then it goes out of your name and into the purchasers name. I fully understand the thought of none of there business who one sells a firearm to but doing a FF transfer of ownership removes the seller completely from the firearm. I sold a boat once and the guy never registered it in his name. I had a notarized bill of sale but when he was busted doing illegal stuff in the boat they needed me to prove that the boat was sold to this guy since it was still registered in my name they assumed I loaned him the boat or was associated with him. Just need to do whatever to protect yourself after the sale. There is an official Louisiana BOS form for firearms. For $20 I'd get it notarized and be done with it.

     

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,772
    113
    Baton Rouge, LA
    When a car is sold the title is transferred or in the event of no title, the purchaser must have a new title created in order to put the vehicle in their name, register it and obtain insurance. With a private sale of a firearm, a bill of sale basically says the gun was sold. I'd at least get it notarized. Either way if the firearm is registered in your name and you do a private sale the firearm is still registered in your name. It happened to a friend several years ago where a gun was sold privately and a few years later the gun was used in a shooting. The police traced the gun back to my friend and even with a bill of sale he had to deal with a bunch of stuff with the police. If you do a federal transfer then it goes out of your name and into the purchasers name. I fully understand the thought of none of there business who one sells a firearm to but doing a FF transfer of ownership removes the seller completely from the firearm. I sold a boat once and the guy never registered it in his name. I had a notarized bill of sale but when he was busted doing illegal stuff in the boat they needed me to prove that the boat was sold to this guy since it was still registered in my name they assumed I loaned him the boat or was associated with him. Just need to do whatever to protect yourself after the sale. There is an official Louisiana BOS form for firearms. For $20 I'd get it notarized and be done with it.

    eforms is a private company. The Louisiana bos form is not official in any way. While I believe a bos is a good idea, that form asks for way too much information. A mailing address is not needed. Price information is not needed. Name, DL/ID number, make, model, serial number, signature are all that is needed. There are some transfers where the law requires a notarized form. In all other situations, signatures are good enough to allow the form to be legal. And in order to be properly notarized, all parties must sign the form in front of the notary.
     

    Bigchillin83

    Well-Known Member
    Rating - 100%
    96   0   1
    Feb 27, 2012
    6,296
    113
    Livingston
    yall all get a little silly here.... lol... i can only speak from first hand experience.

    about 3 years ago i bought an ar pistol on this site, no bill of sale

    sold the pistol to another member, no bill of sale...

    eventually it was used in a officer involved shooting in br, chased the fella down and he was killed in the woods in baton rouge by the amite river...

    about 5 days after it happened, 2 atf agents came to my house, asked me if i was so and so and if i remember owning an ar pistol... They very clearly stated, we dont care about what guns you got, what nfa items you got, where they are, and who you buy or sell from, we just want you to look at the gun and tell me if you remember it... so i did and i said yes, they asked if i know who i sold it to, if not it was no biggie they just have to follow the paper trail.... i said no i dont have a bill of sale and they said ok if you can think of anything else give us a call....

    thats it.... end of the story.... so, all the conspiracy theory's that you would have to prove you are innocent and you didnt have the gun, you didnt sell it to sombody without looking at there lic, or making sure they were legal to on or you going to jail ect is just that.....

    btw they have at least 4 other active members on here that can confirm my story along with a few admins lol
     
    Last edited:

    Mitch Dufour

    Well-Known Member
    Rating - 0%
    0   0   0
    Mar 21, 2009
    465
    93
    Ruston
    You do realize, there is no gun "registration" in Louisiana right? The 4473 you fill out when buying from a dealer is for a NICS background check. Not registration
    A permanent record of your purchase is made with a 4473, and FFL holders are the file clerks for the ATF. Buyer information, make, model, caliber, and serial number are recorded. How is that NOT a registration?
     

    gunslinger06

    Never go to BR/NO
    Rating - 100%
    63   0   0
    Mar 11, 2008
    1,543
    38
    Leesville,LA
    While I understand what you are saying, it's tough to view that "what if" as a reasonable excuse. Using 2 guns per year as a limit seems a little out there. Using 2 guns per 10 years seems pretty extreme. And even then the change would need to be made retroactive.

    I would suggest having to make up an extreme example only shows there are not any reasonable negatives to getting a bos.
    I just used 2 guns every 10 years to make a point. 5 guns in a year would seem reasonable to a lot of regulators. As far as I know, there is no hard number from the ATF currently on what is required before you get an FFL. A filing cabinet full of bill of sales, however, would seem to indicate that you were in business.

    As far as making it retroactive, they don’t have to change anything except their interpretation of their own regulation. All they state is that a person involved in the buying and selling a firearms with the purpose of making a profit is required to have an FFL. The current ATF Director could simply decide to interpret the meaning of that as anyone who buys or sells five guns a year and makes a profit. No law has been changed so ex post facto does not apply. Previous prosecution could not be re-adjudicated, but that doesn’t mean they couldn’t go after someone whom they had never prosecuted. Is it likely? If you had asked me 20 years ago if it was likely that the FBI would investigate a president for political purposes, or the IRS would get caught, shaking down political opponents of the president or the ATF would get caught selling guns to the Mexican cartels -I would’ve answered no to all of those questions.

    By the way, I’m not arguing for or against the bill of sale. just tossing out a reason why a person might not want one.

    Personally, if I think I need a bill of sale on a firearms transaction, I generally just don’t buy it. That said, there have been a couple of Smoking deals that I did require a Billis sale. I think that’s very much to each his own. What I am against ,and I think most people are, is the state or federal government requiring me to get a bill of sale or have my purchase passed through a dealer.
     

    Fugum

    Well-Known Member
    Rating - 100%
    4   0   0
    Nov 8, 2015
    568
    93
    Metairie
    It doesn't really matter, most of the used guns here are going for more than you could buy the same gun new
     

    Scott5.0

    Well-Known Member
    Rating - 100%
    18   0   0
    Dec 31, 2010
    337
    18
    Loranger, LA
    yall all get a little silly here.... lol... i can only speak from first hand experience.

    about 3 years ago i bought an ar pistol on this site, no bill of sale

    sold the pistol to another member, no bill of sale...

    eventually it was used in a officer involved shooting in br, chased the fella down and he was killed in the woods in baton rouge by the amite river...

    about 5 days after it happened, 2 atf agents came to my house, asked me if i was so and so and if i remember owning an ar pistol... They very clearly stated, we dont care about what guns you got, what nfa items you got, where they are, and who you buy or sell from, we just want you to look at the gun and tell me if you remember it... so i did and i said yes, they asked if i know who i sold it to, if not it was no biggie they just have to follow the paper trail.... i said no i dont have a bill of sale and they said ok if you can think of anything else give us a call....

    thats it.... end of the story.... so, all the conspiracy theory's that you would have to prove you are innocent and you didnt have the gun, you didnt sell it to sombody without looking at there lic, or making sure they were legal to on or you going to jail ect is just that.....

    btw they have at least 4 other active members on here that can confirm my story along with a few admins lol
    Being the 'Patient Zero' of this particular incident, I can attest to what Bigchillin83 is saying. It doesn't seem to matter to the ATF if you have a bill of sale or not. Now, I do personally keep a bill of sale for every deal I make, regardless if the buyer wants one, but that is a personal preference. I know that when the ATF agents came to my door, all I had to do was make a copy of the bill of sale and give that to them. It does simplify things and eliminates a few questions that they need to ask while they are at your door. The only thing they told me was don't call the guy and tip him off that we are coming and have a nice day.
     

    thperez1972

    ESSAYONS
    Staff member
    Gold Member
    Rating - 100%
    10   0   0
    Dec 28, 2015
    5,772
    113
    Baton Rouge, LA
    yall all get a little silly here.... lol... i can only speak from first hand experience.

    about 3 years ago i bought an ar pistol on this site, no bill of sale

    sold the pistol to another member, no bill of sale...

    eventually it was used in a officer involved shooting in br, chased the fella down and he was killed in the woods in baton rouge by the amite river...

    about 5 days after it happened, 2 atf agents came to my house, asked me if i was so and so and if i remember owning an ar pistol... They very clearly stated, we dont care about what guns you got, what nfa items you got, where they are, and who you buy or sell from, we just want you to look at the gun and tell me if you remember it... so i did and i said yes, they asked if i know who i sold it to, if not it was no biggie they just have to follow the paper trail.... i said no i dont have a bill of sale and they said ok if you can think of anything else give us a call....

    thats it.... end of the story.... so, all the conspiracy theory's that you would have to prove you are innocent and you didnt have the gun, you didnt sell it to sombody without looking at there lic, or making sure they were legal to on or you going to jail ect is just that.....

    In this situation, the bill of sale showing the weapon is no longer in your possession is pointless. They knew the weapon was in someone else's possession. The crime had already been solved at the end of the manhunt and now they were just checking boxes. A bos is not helpful in every situation. I think it would be reasonable to say that had they found the weapon at the scene where someone had been shot but the shooter got away and the paper trail ended with you, your story may be a bit different.

    On a side note, if you had a bos and had showed it to them, what do you suppose the negative consequences would have been?
     
    Top Bottom