Seeking help with my first private gun sale process

[bigtattoo79]

LOL. I don't let people take a picture of my ID, but they can write the DL# down.

It’s ok the member knows who he is.

I will say if a person wants a DL, picture of DL or a BOS that should be stated in the AD up front *should be a rule lol*.

 

[AustinBR]

It’s ok the member knows who he is.

I will say if a person wants a DL, picture of DL or a BOS that should be stated in the AD up front *should be a rule lol*.

True.

I think it should always be assumed that if someone is selling something on here, they want a BOS. If I am the buyer, I always want a BOS.

 

[thperez1972]

It’s ok the member knows who he is.

I will say if a person wants a DL, picture of DL or a BOS that should be stated in the AD up front *should be a rule lol*.

It the transaction could lead to legal issues for the seller or buyer, they should expect to show and ID and sign a bill of sale. If they both agree it's not wanted, so be it. But absent the agreement, it should be expected. As such, an official rule would not be needed.

 

[bigtattoo79]

It the transaction could lead to legal issues for the seller or buyer, they should expect to show and ID and sign a bill of sale. If they both agree it's not wanted, so be it. But absent the agreement, it should be expected. As such, an official rule would not be needed.

Years ago I always wanted a BOS and thought it was normal. When I’d show up and ask about a BOS people would freak out over it. Then I get to a point that I don’t care about the BOS and show up and sure enough they want a BOS.
I have lost more sales on BS because of wanting a BOS than I’ve lost for not wanting one.

It is something that should be clearly stated up front because it sucks when you invest hours driving to find out the buyer and seller are not on the same page.

 

[thperez1972]

Years ago I always wanted a BOS and thought it was normal. When I’d show up and ask about a BOS people would freak out over it. Then I get to a point that I don’t care about the BOS and show up and sure enough they want a BOS.
I have lost more sales on BS because of wanting a BOS than I’ve lost for not wanting one.

It is something that should be clearly stated up front because it sucks when you invest hours driving to find out the buyer and seller are not on the same page.

If someone freaks out over a yes or no question regarding documenting the transaction taking place, that may be a sign they may not be someone you'd want controlling whether or not you have legal issues in the future.

Before you drive hours, you're likely going to make sure a price has been agreed upon. And unless you both are on the same page with respect to a specific location, the likelihood of the two of you actually finding each other in a listed city are pretty slim. At some point during the negotiation, they are usually discussed. Especially the specific meeting place. It takes seconds to ask during that negotiation if a BOS will be completed. If you've lost business over a BOS issue, it's your own fault. If you always plan to complete one, you'll always be prepared, even if it's not wanted by the other person.

 

[bigtattoo79]

If someone freaks out over a yes or no question regarding documenting the transaction taking place, that may be a sign they may not be someone you'd want controlling whether or not you have legal issues in the future.

Before you drive hours, you're likely going to make sure a price has been agreed upon. And unless you both are on the same page with respect to a specific location, the likelihood of the two of you actually finding each other in a listed city are pretty slim. At some point during the negotiation, they are usually discussed. Especially the specific meeting place. It takes seconds to ask during that negotiation if a BOS will be completed. If you've lost business over a BOS issue, it's your own fault. If you always plan to complete one, you'll always be prepared, even if it's not wanted by the other person.

Only buying from FFLs and only selling to FFLs has made things so much simpler lol.

Back on topic: The OP asked what was required in LA. Nothing is required but checking the LA DL and getting a BOS may be a good idea.

 

[KDerekT83]

Only buying from FFLs and only selling to FFLs has made things so much simpler lol.

And more expensive....

 

[thperez1972]

And more expensive....

And going through FFLs eliminates all the paperwork that causes people to freak out.

 

[bigtattoo79]

And more expensive....

Hey if on a budget shopping for guns in parking lots might be for you lol.

 

[bigtattoo79]

And going through FFLs eliminates all the paperwork that causes people to freak out.

What are you talking about? The paperwork is what causes people to freak out not the lack of.

 

[PPBart]

Whether I am a buyer or seller I ask for a bill of sale reflecting both LA DL numbers. If the party is unwilling I'll pass on the exchange...

Sounds prudent and reasonable!

 

[DBMJR1]

This statement as written is not correct. While I think the poster likely understands the law, it is not stated correctly in this statement. An individual can not legally sell a firearm to a resident of a different state, regardless of whether or not it was knowingly done. If a Louisiana resident sells a firearm to a Mississippi resident, it is a federal felony, even if the seller was unaware of the buyer's residency.

An individual may not knowingly sell a firearm to a prohibited person, and there is no burden on the seller to investigate the buyer's status in this regard. If you sell to a neighbor and were unaware that he was a convicted felon, you have not committed a crime. BUT, if you sell to a coworker who is legally a Mississippi resident, you have committed a felony regardless of whether or not you knew he was a Mississippi resident.

Only buying from FFLs and only selling to FFLs has made things so much simpler lol.

Back on topic: The OP asked what was required in LA. Nothing is required but checking the LA DL and getting a BOS may be a good idea.

Let's get nit picky here for a moment.

I can think of at least two instances where it would be perfectly legal to sell to a buyer with an out of state driver's license.

If the buyer enjoys dual residency. If the buyer can show utility bills, property ownership, and evidence that he/she spends significant portions of the year in Louisiana, it's legal.

If the buyer is ordered by the US Government to be in Louisiana, ie military, then that person can purchase a handgun legally.


Never say never.

 

[Brawny]

I sold a pistol to my mom for a pan of cornbread. I got no bos and she was out of state.
That's why I'm on the run in SC

 

[dantheman]

The simplest questions can be made infinitely more complicated just by asking on the Internet .

 

[Blue Diamond]

There are only three rules for private sale.
1. Person has to be of legal age
2 Person has to be resident of La. Has to have a State issued I.D. or La. Drivers License. Period Utility bills, property title,etc. mean nothing.
3 If in doubt refer back to 1 and 2 above

 

[AustinBR]

There are only three rules for private sale.
1. Person has to be of legal age
2 Person has to be resident of La. Has to have a State issued I.D. or La. Drivers License. Period Utility bills, property title,etc. mean nothing.
3 If in doubt refer back to 1 and 2 above

So you wouldn't sell to a military member stationed here?

 

[Blue Diamond]

So you wouldn't sell to a military member stationed here?

NO. Not if he does not have proof of residency. The law is very clear. The law doesn't bend. It breaks. Anyone that does not go by the law may find himself involved in a state Sting operation and find his picture on the front page of the local newspaper. They are out there looking for private sellers trying to bend the law.

 

[AustinBR]

NO. Not if he does not have proof of residency. The law is very clear. The law doesn't bend. It breaks. Anyone that does not go by the law may find himself involved in a state Sting operation and find his picture on the front page of the local newspaper. They are out there looking for private sellers trying to bend the law.

A military member stationed in LA is considered a resident of the state.

https://www.atf.gov/file/83651/download

"Licensees may accept a combination of valid government-issued documents to satisfy the
identification document requirements of the Brady Act. The required valid government-issued
photo identification document bearing the name, photograph, and date of birth of the transferee
may be supplemented by another valid, government-issued document showing the transferee's
residence address. A member of the Armed Forces on active duty is a resident of the State in
which his or her permanent duty station is located, and may satisfy the identification document
requirement by presenting his or her military identification card along with official orders
showing that his or her permanent duty station is within the State where the licensed premises
are located"

 

[thperez1972]

There are only three rules for private sale.
1. Person has to be of legal age
2 Person has to be resident of La. Has to have a State issued I.D. or La. Drivers License. Period Utility bills, property title,etc. mean nothing.
3 If in doubt refer back to 1 and 2 above

NO. Not if he does not have proof of residency. The law is very clear. The law doesn't bend. It breaks. Anyone that does not go by the law may find himself involved in a state Sting operation and find his picture on the front page of the local newspaper. They are out there looking for private sellers trying to bend the law.

Which one is it? Do they have to have a state issued ID or DL or do they have to show proof of residency? Those may or not be the same thing. The state recognizes military orders as proof of residency. The state also accepts utility bills, financial statements, paycheck or paycheck stub, a car insurance policy, or a lease.

 

[Blue Diamond]

Which one is it? Do they have to have a state issued ID or DL or do they have to show proof of residency? Those may or not be the same thing. The state recognizes military orders as proof of residency. The state also accepts utility bills, financial statements, paycheck or paycheck stub, a car insurance policy, or a lease.

The State may accept utility bills,lease, etc. because you are required by law to get a La. I.D. or DL within [90 ?] days of becoming a resident. Military I.D. with offical orders would be O.K. As long as you are an offical resident everything is good.