I have bought and sold guns for years. I do not possess a Federal Firearms License to sell guns as a dealer or to ship guns. But I have responded to classified ads both on and off line. I’d like to share what I’ve learned. I responded to an ad that read like this:
“Mossberg 500 12 gage pump, 1 owner, only shot about 20 times in the box. $145 Call XXX-XXXX.”
Only to find out that the seller wanted to sell some other gun at a higher price.
First of all I’ve set my own set of ground rules. I only buy from an owner, not a go between. If someone seems a little odd or off I terminate the transaction. I also tell the potential buyer/seller that I require a gun “bill of sale.”
These are the main points of this receipt. It covers questions that are asked on the governments ATF Form 4473, Firearms Transaction Record.
Buyer certifies that they are not restricted or forbidden by law to own a firearm and buyer states that he/she:
• Has NEVER been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year.
• Is NOT a fugitive from justice.
• Is NOT an unlawful user of or addicted to any controlled substance.
• Has NEVER been adjudicated as a mental defective or has been committed to a mental institution.
• Is NOT an alien illegally or unlawfully in the United states or an alien admitted to the United states under a nonimmigrant visa.
• Has NOT been discharged from the Armed Forces under dishonorable conditions.
• Having been a citizen of the United states, has NEVER renounced his or her citizenship.
• Is NOT subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.
• Has NOT been convicted of a misdemeanor crime of domestic violence
• CAN lawfully receive, possess, ship, or transport a firearm.
• Is NOT a person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year.
I truthfully state that I AM NOT a person who cannot legally buy, receive, and possess firearms and/or ammunition.
I understand the firearm is sold AS-IS and no warranty has been implied or given. Firearm should be inspected by a competent gunsmith prior to using. Seller not responsible for any damages incurred or caused by the use of this firearm.
The form asks for personal info such as name, address, phone number, driver’s license number, or better yet, concealed carry license number. If they have a license, at least I know they went through a background check at one time.
I also give my information too so it’s not just one sided. Then we both sign the form and I keep it in my own files. This somewhat protects me and the other person in the transaction.
If the other person is not interested in this form and filling it out then I don’t do business with them. I’ll walk. In all the time I’ve done this, I’ve only walked once.
I was selling a handgun once and it turned out that one of the buyers that I met was an ATF agent. He told me after I agreed to meet him in the middle of the day in a Walmart parking lot. I informed him about the bill of sale before we met and told him what I’d be driving and that I’d have someone with me in the vehicle. That is my policy. When I got to the parking lot before I could even start the transaction he informed me of who he was. I said, “Do you still want the gun?” He laughed and shook his head and then asked if I was a gun dealer. I told him no. He then said that the way I was selling this gun he would have guessed that I was. I said, “No. I’m just a consciences gun enthusiast.” He said, “Good job, Sir.”
I’ve tried to do this the right way to cover myself. I don’t want one of my guns to be used in a crime. I also want some type of documentation to prove who I bought from or sold to. I would suggest you do the same.
Only by trying to be responsible can we change the view of “gun nuts” to the non-nuts.
Honesty is always the best policy and so I try to be as honest as I can when I sell something, gun or not.
There are many places to sell your guns legally. There are some places on the internet that are making their policy of buying and selling guns and ammo anti-gun. I understand some of them not wanting a liability, but some of these places are just anti-gun. Facebook is one that comes to mind. I’m not saying to break the law. But breaking Companies policies is NOT breaking the law! I’m also not advocating trying to break company policies just to sell your gun. But be aware that our transactions are not wanted out there. Buying and selling guns online is legal as long as the material is not sent through the mail or crossing state lines. I can buy a gun from anyone I am willing to drive to in my state. Make sure your state (or city, county, etc.) is the same. Do not break the law in selling/buying a firearm. Know your local laws and abide by them.
I’ve picked up some needed cash or sweet good gun deals because of private sales. I would really hate if they went away or if I had to pay for a background check. Private sales would probably disappear, which is probably what the non-gun people want. They actually think that criminals sit around putting off their crime until the right gun is put in a classified ad. But, I could be wrong. But I doubt this “loophole” closing would make any difference with gun violence.
Semper Paratus
Check 6
Burn
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