Gun Laws

[Tundra]

I have a question regarding private gun sales, Valk related? I own a Valk, you own a Valk, there.
  I have seen several intelligent firearms related posts, and I believe several licensed dealers here too. What is the best legal way for me to privately sell several firearms from my personal collection. (rifles, shotguns, and pistols) I am reluctant to ship because of FFL to FFL and feel I would be noticed or "tracked". I am also reluctant to have strangers to my home, if they know I have a "collection" I live in Florida, would it be legal to sell out of my truck at a gun show? Proper documentation of course, bill of sale.

[PAVALKER]

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60


 
A Citizen`s
Guide to
Federal
Firearms
Laws


A summary of federal

restrictions on the purchase,

sale, possession, and transportation

of firearms and ammunition.
 

Caution: Firearm laws are subject to frequent change and court interpretation. This summary is not intended as legal advice or restatement of law. This summary does not include state or local laws,ordinances or regulations. For any particular situation, a licensed local attorney must be consulted for an accurate interpretation.
 

Under federal law supported by the National Rifle Association, the use of a firearm in a violent or drug-trafficking crime is punishable by a mandatory prison sentence of up to 20 years. A second conviction, if the firearm is a machine gun or is equipped with a silencer, brings life imprisonment without release. Violating firearms laws should lead to very real punishment for violent criminals, but the laws first must be enforced.

Ineligible Persons

The following classes of people are ineligible to possess, receive, ship, or transport firearms or ammunition:

Those convicted of crimes punishable by imprisonment for over one year, except state misdemeanors punishable by two years or less.
Fugitives from justice.
Unlawful users of certain depressant, narcotic, or stimulant drugs.
Those adjudicated as mental defectives or incompetents or those committed to any mental institution.
Illegal aliens.
Citizens who have renounced their citizenship.
Those persons dishonorably discharged from the Armed Forces.
Persons less than 18 years of age for the purchase of a shotgun or rifle.
Persons less than 21 years of age for the purchase of a firearm that is other than a shotgun or rifle.
Persons subject to a court order that restrains such persons from harassing, stalking, or threatening an intimate partner.
Persons convicted in any court of a misdemeanor crime of domestic violence.
Persons under indictment for a crime punishable by imprisonment for more than one year are ineligible to receive, transport, or ship any firearm or ammunition. Under limited conditions, relief from disability may be obtained from the U.S. Secretary of the Treasury, or through a pardon, expungement, restoration of rights, or setting aside of a conviction.

Acquiring Firearms

The following restrictions apply to firearms acquired through purchase, trade, receipt of gifts, or by other means.

From Dealers

Provided that federal law and the laws of both the dealer`s and purchaser`s states and localities are complied with:

An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual`s state of residence
An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state
It shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a firearm unless the federal firearms licensee receives notice of approval from a prescribed source approving the transfer.

Sale of a firearm by a federally licensed dealer must be documented by a federal form 4473, which identifies and includes other information about the purchaser, and records the make, model, and serial number of the firearm. Sales to an individual of multiple handguns within a five-day period require dealer notification to the Federal Bureau of Alcohol, Tobacco and Firearms. Violations of dealer record keeping requirements are punishable by a penalty of up to $1000 and one year`s imprisonment.

Sales Between Individuals

An individual who does not possess a federal firearms license may not sell a firearm to a resident of another state without first transferring the firearm to a dealer in the purchaser`s state. Firearms received by bequest or intestate succession are exempt from those sections of the law which forbid the transfer, sale, delivery or transportation of firearms into a state other than the transferor`s state of residence.

Temporary use of Another`s Firearm

Provided that all other laws are complied with, an individual may temporarily borrow or rent a firearm for lawful sporting purposes throughout the United States.

Antiques

Antique firearms and replicas are exempted from the aforementioned restrictions. Antique firearms are defined as: any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898, and any replica of a firearm as designed above if the replica is not designed or redesigned for using rimfire or conventional centerfire ammunition, or uses fixed ammunition, which is no longer manufactured in the United States and which is not readily available in the ordinary channels or commercial trade, any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. (Note: Antiques exemptions vary considerably under state laws.)

Shipping Firearms

Firearms may not be mailed or shipped interstate from one non-FFL to another non-FFL. Personally owned rifles and shotguns may be mailed or shipped to an FFL in any state for any lawful purpose, including sale, repair, or customizing. An FFL may ship a firearm or replacement firearm of the same kind and type to a person from whom it was received. Under U.S. Postal regulations, handguns may be sent via the Postal Service only from one FFL to another FFL, or between authorized government officials.

A person may ship a rifle or shotgun to himself, in care of a person who lives in another state, for purposes of hunting.

Firearms or ammunition delivered to a common carrier for shipment must be accompanied by a written notice to the carrier of the contents of the shipment.

Transporting Firearms During Travel

A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel.

Notwithstanding any state or local law, a person shall be entitled to transport a firearm from any place where he may lawfully possess and transport such firearm to any other place where he may lawfully possess and transport such firearm if the firearm is unloaded and in the trunk. In vehicles without a trunk, the unloaded firearm shall be in a locked container other than the glove compartment or console.

Federal law prohibits the carrying of any firearm, concealed or unconcealed, on or about the person or in carry-on baggage while aboard an aircraft.The Transportation Security Administration(TSA) has established certain requirements for transporting firearms and ammunition. Firearms must be carried in a locked hard sided case. Ammunition must be declared and can be transported in checked baggage or in the same container as the firearm as long the firearm is unloaded.

Any passenger who owns or legally possesses a firearm being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce must deliver the unloaded firearm into custody of the pilot, captain, conductor, or operator of such common or contract carrier for the duration of the trip.

Ammunition

As with firearms, shipments of ammunition must be accompanied by a written notice of the shipment`s contents. It is unlawful for any licensed importer, dealer, manufacturer or collector to transfer shotgun or rifle ammunition to anyone under the age of 18, or any handgun ammunition to anyone under the age of 21.

It is illegal to manufacture or sell armor-piercing handgun ammunition.

Dealers

Persons who engage in the business of buying or selling firearms must be licensed by the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives of the U.S. Department of Justice. A special class of "licensed collectors" provides for the purchase and sale of firearms designated by the BATFE as "curios and relics." Class III dealers may sell fully-automatic firearms manufactured prior to May 19, 1986, and other federally registered firearms and devices restricted under Title II of the Gun Control Act, to individuals who obtain approval from the U.S. Secretary of the Treasury after payment of a tax and clearance following a criminal background check.

Violations of restrictions on Title II firearms and devices are punishable by a penalty of up to $10,000 and 10 years imprisonment.


In addition to federal gun laws imposed by the National Firearms Act (1934), Gun Control Act (1968), Firearms Owner`s Protection Act (1986), Brady Handgun Violence Prevention Act (1993), the 1994 Omnibus Crime Control Act and other laws, most states and some local jurisdictions have imposed their own firearms restrictions.
 

 
 
 
 
 
 
Copyright 2009, National Rifle Association of America, Institute for Legislative Action.
This may be reproduced. It may not be reproduced for commercial purposes.
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 Federal Gun Laws
 Citizen`s Guide To Federal Firearms Laws - Summary
 
 Airline Transportation of Firearms
 
 Federal Firearms Laws
 
 Guide To The Interstate Transportation Of Firearms
 
 U.S. DOJ Letter On Interstate Firearms Transport
 
 Travel Update on Ammunition over .50 Caliber
 
 Clinton Gun Ban Update
 
 
Links
 BATFE's Federal Firearms Regulations Reference Guide 2005 
 
 BATFE's Answers To Frequently Asked Questions 
 
 BATFE's State Laws and Published Ordinances - Firearms (26th Edition) 
 
 Transportation Security Administration 
 
 NICS Information 
 
 
 
 
 

[Jess from VA]

You can sell those ordinary (not-regulated full-autos, etc) firearms to anyone who may lawfully posses them, with no govt paperwork, intrusion or knowledge.  Of course the problem is you cannot really KNOW if a potential buyer has a felony conviction or some other impairment from purchasing or possessing the gun you will sell him (or maybe even a guy with a 20 year old domestic assault conviction....smacked wife).  So you do take a risk dealing at arms length with a stranger, but you can do Q and A and ask him to show a driver's license, where he works, lives, ex military, and get assurances that he is not a convicted felon or otherwise prohibited from possession.  This is not as good as a real background check, but if you run the sale through a dealer to get it, it will cost you money and then the sale is memorialized on Fed paperwork.  I have done it before and felt pretty comfortable that I was dealing with a solid citizen just by Q and A.

It wouldn't be a bad idea to decide what you will sell, and first ask family, friends and coworkers you trust if they are interested before going public.

I am with you on not doing this at my home for multiple security reasons.  I did deals in the lobby of the local PD years ago, but this may not be satisfactory today.  You should check and review the NRA-ILA site, and any local info you can get on FL private sales and gun shows.  Working a gun show is your next best bet after family and friends.  It is no crime to do a purely private sale with no Fed paperwork (so long as you don't sell to a felon), this is the so called gun-show-loophole.  

In the old days I regularly dealt with guys who had small tables at gun shows who had no FFL, or even a curio and relic Fed. license but, over the Clinton years, BATFE and other state agencies began cracking down on people for being "dealers" without a license.....and the difference between an unlicensed dealer and a hobbiest might only be five or more sales per year.  So my point is, you probably don't want a table, even if you could get one without an FFL (I don't know), and even if you will work the show or your truck in the parking lot, you do not want to give the impression you have a lot of guns for sale.....IE if you have 6 or 7, only carry two into the show at a time and/or only show 2 or 3 at the truck at a time.  At shows, smart guys work the gates (usually just inside), both buyers and sellers.  My point is to avoid appearing to be an unlicensed dealer to a Fed or state cop.

After Q and A and you are satisfied as you can be the buyer is OK, he pays and you deliver a firearm.  He gets a receipt for purchase price naming gun and stating "this sale of marlin 30-30 is "as is" with no warranty express or implied.  I have pointed out any defects or blemishes known to me to the best of my knowledge."  You can hand write out a duplicate copy of receipt for you, and add to yours that "buyer swears on pain and penalty of perjury that he is not probibited by any Fed or State law from buying or possessing this firearm."   You both sign and date the receipts.  Now this statement is NOT perjury if falsely sworn to you, a private citizen, but it gives you some objective evidence that you did your best to ensure a lawfull sale.  

Also, a legitimate buyer should be equally concerned the guns you are selling are not stolen or otherwise tied to crime.....if he's not, my antenna would go up.  You may want to have some indicia of your legitimacy with you...new purchase receipts (don't give them up), your background, etc.  It is my lifelong experience that a high percentage of the people I've met at shows and ranges are the 'salt of the earth', and this is a good thing.  I did have occasion to object to two heavily blue-tatooed cons smoking dope before firing their new .454 Casull right next to me on the range, but that is the exception.

If a guy makes you nervous or you just don't trust him, nix the sale one way or the other....give a price four times higher than the fair market value.  Permit or not, you may not carry concealed in a gun show, but you can in the gun show parking lot and I would.

The other way to do this is by consignment with FFL holders and/or gun shops; they often want 20 percent or more to so do which is pretty steep,  though it takes the headache out of the equasion.

[Tundra]

PAVALKER and JESS,
  Thank you both for the information you provide and the time that went into it. It's greatly appreciated 

[Varmintmist]

It really depends on your state more then the Fed.

EX in PA I can sell you a long gun (shotgun/rifle) through a add in the paper and the only thing we need is cash in hand. No fuss no muss

For a pistol or revolver, we do the cash in hand thing, then drive to a local FFL holder and they do a NICS (instant back ground check), pay their fee and its done. I am pretty sure that the NICS is required for pistols and revolvers nationwide at this point.

http://crime.about.com/gi/dynamic/offsite.htm?zi=1/XJ&sdn=crime&cdn=newsissues&tm=65&gps=438_3067_1263_652&f=00&tt=11&bt=1&bts=1&zu=http%3A//www.nraila.org/statelawpdfs/FLSL.pdf

Looks like FL is the same, call the atty gens's office to make sure.

[Jess from VA]

I am pretty sure that the NICS is required for pistols and revolvers nationwide at this point.


Not for private sales its not, unless your State requires it.  Nothing in the link says FL requires background check paperwork for a private handgun sale. 

[Jess from VA]

PAVALKER and JESS,
  Thank you both for the information you provide and the time that went into it. It's greatly appreciated  

Consistent with the NRA-ILA info provided, your private sales of either long or short guns, must be with fellow FL residents, to be strictly legal.  Most gun shows are attended by locals, but as you know a lot of folks travel to FL.

Another good reason to see his driver's license.