Private Handgun Sales

[JNorth24]

How do you typically handle private handgun sales like the ones here on Bayou Shooter? I had listed my handgun late last year, and got several offers. But they were very suspect. I’m always concerned about selling to someone who may have a criminal background, etc. and I don’t know about it. Because in a private sale, they are either usually 1. Just trying to get a good deal, or 2. Cannot purchase from a store due to perhaps a criminal record.

I guess it would be good to do the transaction at a local FFL, but I never see any of these “for sale” posts mention that. I ended up bringing my gun to a local gun shop on consignment, but they have had it over four months now and still have not sold it.

So when you list a gun, do you just do a bill of sale and roll with it and not worry about background checks? Also, where do you typically meet if not at an FFL somewhere?

 

[AustinBR]

Everyone goes through a different process, but my go-to recommendations are:

1) If selling on BayouShooter, make sure they PM you. This way we retain their email/IP address. Not a dealbreaker, but it's one extra layer of protection.

2) Talk to the person on the phone and don't just text of message them. Ask kind, probing questions. Where are you from originally? Are you a collector? What interested you in this gun? Etc. If things seem sketchy, stop.

3) Where to meet? Most police stations have lit spaces with cameras that you can have a transaction at. If someone isn't willing to meet at a police station, cancel the deal. That being said, all of my transactions on here have been with long-term BS members, with lots of feedback, so I've been willing to just meet in public places that are convenient.

4) Bill of Sale: People are polarized on this topic. If you want one, use one. If not, don't. I usually have both of us sign one and I'll write out name/DOB on the BOS.

5) If at any time something seems sketchy or too good to be true, cancel the transaction.

Finally, if you are really wanting to cover your bases, you can always offer to meet at a FFL and offer to pay for a FFL transfer fee.

 

[dantheman]

I've never sold or traded with anyone that didn't have feedback here . BOS is optional for me . At a minimum I have the buyer flash me his DL or CHP if he looks young .. Do the deal during daylight hours in a public place . No issues so far .

 

[JNorth24]

Everyone goes through a different process, but my go-to recommendations are:

1) If selling on BayouShooter, make sure they PM you. This way we retain their email/IP address. Not a dealbreaker, but it's one extra layer of protection.

2) Talk to the person on the phone and don't just text of message them. Ask kind, probing questions. Where are you from originally? Are you a collector? What interested you in this gun? Etc. If things seem sketchy, stop.

3) Where to meet? Most police stations have lit spaces with cameras that you can have a transaction at. If someone isn't willing to meet at a police station, cancel the deal. That being said, all of my transactions on here have been with long-term BS members, with lots of feedback, so I've been willing to just meet in public places that are convenient.

4) Bill of Sale: People are polarized on this topic. If you want one, use one. If not, don't. I usually have both of us sign one and I'll write out name/DOB on the BOS.

5) If at any time something seems sketchy or too good to be true, cancel the transaction.

Finally, if you are really wanting to cover your bases, you can always offer to meet at a FFL and offer to pay for a FFL transfer fee.

Great response and advice! Thanks so much for the detail. Really appreciate it.

 

[hotbiggun]

If a prohibited person buys your firearm its on him not you. Personally if a person looks too young then i check their ID, if they cant speak American I check their ID. If they tell me upront they are pfohibited i wont sell to them. What i dont do is ask for paperwork not required by the law.
If my gun is used in a crime well thats on the law to investigate, they should not rely on me to help with their investigation.


Keep in mind if a person is upfront about the sale being illegal or they will use the firearm in a crime or they ask you to do anything sketchy or illegal then chances are they are feds, walk away.

 

[Gator 45/70]

I no longer buy pistols on here as its a dumping ground for defected firearms, I just buy new.
I may sell or trade for something different to raise funds for my other doda projects because my stuff is premium goods so break out the coin if I ever list something that I actually own.
Fin.

 

[Jstudz220]

I no longer buy pistols on here as its a dumping ground for defected firearms, I just buy new.
I may sell or trade for something different to raise funds for my other doda projects because my stuff is premium goods so break out the coin if I ever list something that I actually own.
Fin.

I’ve always had that concern but have never ran into it myself luckily. I have bought a pistol advertised as brand new that I realized was fired quite a bit but other than that I’ve had great transactions.

 

[DBMJR1]

I'm being cautious until we get this new AFT rule about 'engaging in the business', worked out.
If I decide to sell anything, I'll provide a Fm4473 and NICS background check.
Of course, that's easy for me to say because it doesn't cost me anything.
I'm not suggesting what 'you' should do.

Also, I hope those fine Americans at the NSA are staying dry on this wet day.

 

[La26]

I'm being cautious until we get this new AFT rule about 'engaging in the business', worked out.
If I decide to sell anything, I'll provide a Fm4473 and NICS background check.
Of course, that's easy for me to say because it doesn't cost me anything.
I'm not suggesting what 'you' should do.

Also, I hope those fine Americans at the NSA are staying dry on this wet day.

What is an AFT rule? How do you obtain the Fm4473 for the buyer to fill out? And how do you do a background check- Or are you a dealer and have access to the above ??

 

[DBMJR1]

What is an AFT rule? How do you obtain the Fm4473 for the buyer to fill out? And how do you do a background check- Or are you a dealer and have access to the above ??

I have access to the above.

Quote : On April 11, 2024, the Biden administration finalized a new rule that requires anyone who sells guns predominantly for profit to obtain a federal license and conduct background checks.
-------------------
When you read this new rule, anyone can be considered a dealer.

Selling your CCW to upgrade, you're a dealer because weapons intended for self-defense are not part of a personal collection.
Do you hope to make a profit on that antique ? You're a dealer and require an FFL.

There are so many ways the AFT can ruin your day with this new rule, I'm not going to risk it.

Remember: If you show up in court with two of the best lawyers to defend yourself, they'll show up with a dozen lawyers.

 

[JNorth24]

I have access to the above.

Quote : On April 11, 2024, the Biden administration finalized a new rule that requires anyone who sells guns predominantly for profit to obtain a federal license and conduct background checks.
-------------------
When you read this new rule, anyone can be considered a dealer.

Selling your CCW to upgrade, you're a dealer because weapons intended for self-defense are not part of a personal collection.
Do you hope to make a profit on that antique ? You're a dealer and require an FFL.

There are so many ways the AFT can ruin your day with this new rule, I'm not going to risk it.

Remember: If you show up in court with two of the best lawyers to defend yourself, they'll show up with a dozen lawyers.

The “Biden administration“ continuing that work to kill America inch by inch.

 

[DBMJR1]

The “Biden administration“ continuing that work to kill America inch by inch.

Sen Cassidy voted for the bill that allowed this rubbish.

Be sure to thank him.

 

[Tonyaav]

I have access to the above.

Quote : On April 11, 2024, the Biden administration finalized a new rule that requires anyone who sells guns predominantly for profit to obtain a federal license and conduct background checks.
-------------------
When you read this new rule, anyone can be considered a dealer.

Selling your CCW to upgrade, you're a dealer because weapons intended for self-defense are not part of a personal collection.
Do you hope to make a profit on that antique ? You're a dealer and require an FFL.

There are so many ways the AFT can ruin your day with this new rule, I'm not going to risk it.

Remember: If you show up in court with two of the best lawyers to defend yourself, they'll show up with a dozen lawyers.

So new rule becomes effective May 10?

 

[JNorth24]

Sen Cassidy voted for the bill that allowed this rubbish.

Be sure to thank him.

Geez

 

[DBMJR1]

So new rule becomes effective May 10?

If I'm not mistaken, and I could be, it goes into effect 30 days from Friday, April 19, 2024. The day it was published.

You can read all 126 pages of it here: Linky.

I've tried to waddle through it a couple of times. It's clear as mud to me.
Selling a gun you've had less than 30 days, dealer.
Selling multiple guns you've bought within the last year, dealer.
Hope to make a profit, dealer.
Trading a firearm for services, dealer.

AFT lawyers are a leading cause of anal rape among conservative men.
I try to avoid them

 

[hotbiggun]

If I'm not mistaken, and I could be, it goes into effect 30 days from Friday, April 19, 2024. The day it was published.

You can read all 126 pages of it here: Linky.

I've tried to waddle through it a couple of times. It's clear as mud to me.
Selling a gun you've had less than 30 days, dealer.
Selling multiple guns you've bought within the last year, dealer.
Hope to make a profit, dealer.
Trading a firearm for services, dealer.

AFT lawyers are a leading cause of anal rape among conservative men.
I try to avoid them

If im not mistaken the rule goes into effect in 30 day but violations will be retro going back to 2022 when Congess passed then Biden signed the new gun control laws.

 

[hotbiggun]

The “Biden administration“ continuing that work to kill America inch by inch.

Remember the Republican Congress aprroved this new gun control monstrosity.

 

[CatCam]

"Predominantly for profit" -- Hmmmm, usually you sell guns at a loss so there would be my loophole! Even if it were a collectable I would say with inflation through the years since the gun was manufactured it is still at a loss!

 

[thperez1972]

If a prohibited person buys your firearm its on him not you. Personally if a person looks too young then i check their ID, if they cant speak American I check their ID. If they tell me upront they are pfohibited i wont sell to them. What i dont do is ask for paperwork not required by the law.

Paperwork is also not forbidden by law.

An ID would certainly fall under the broad definition of paperwork as a record check. It's not required as part of the sale.

If my gun is used in a crime well thats on the law to investigate, they should not rely on me to help with their investigation.

This statement explains a lot.

Keep in mind if a person is upfront about the sale being illegal or they will use the firearm in a crime or they ask you to do anything sketchy or illegal then chances are they are feds, walk away.

 

[hotbiggun]

Paperwork is also not forbidden by law.

An ID would certainly fall under the broad definition of paperwork as a record check. It's not required as part of the sale.



This statement explains a lot.

If as a God fearing, gun owning, white man, I am considered and named as a enemy of the state or possible terrorist by the feds then I consider them my enemy. They can go pound sand.

Im not saying they have anything to fear from me but I am saying i will not assist with their investigations.