Gun selling dilemma

A

akjon

Joined
Feb 9, 2003
Messages
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Have any of you guys ever pondered this: I am considering selling a couple of guns, and I can't decide how to do it. Maybe this is a silly dilemma, but I can't decide whether to consign the guns at a gun shop or sell them myself.

If I sell them myself, I feel some obligation to not sell them to a criminal, etc., but I have no desire to play twenty questions with potential buyers. Unless someone is visibly insane, intoxicated, or otherwise criminally inclined, I am inclined to give them the benefit of the doubt. But still, it seems like there are concerns.

On the other hand, consigning the guns through an FFL takes all the burden of screening buyers off me, but I am a firm believer that the less the government knows about guns the better. I am just enough of a coot to feel some obligation to keep perfectly good guns "out of the system."

Given these concerns, do you guys think I have any moral/legal/practical duty to choose one route over the other? Other suggestions?
 
Last time I sold I rifle I had to consider the same kind of issues. I ended up consigining it. Anothor thought might be to sell it on Gunbroker.com and ship it to an FFL.
BTW if you want to shoot me a list of what you are selling I would be greatful....
 
Akjon , not sure where you live but firearms laws change almost weekly it seems in some states , before you decide to try an sell it on your own , make sure it's not illegal , even under some obscure Bravo Sierra law.
Sucks , but going thru a third party costs a few dollars , too bad it's not like the good old days where it just wasnt a big deal to sell a firearm.
 
rebeltf said:
... firearms laws change almost weekly it seems in some states
Click to expand...

Absolutely.

The answer to akjon's question will depend greatly on where he lives. Also understand that selling on consignment and simply conducting the transaction through someone with an FFL are two different things. Selling on consignment usually involves a gun store that will wind up taking 25 or 30 percent of the sale. Most FFL dealers will simply process the paperwork for far less. The latter is the most legal and most inexpensive way to conduct the transaction, although finding someone with an FFL can be a challenge these days (thanks to Clinton and the new BATF regs). Often times the local shooting range will do the same for a similar charge.
 
Won't attempt to speak for the State of Florida but you can buy & sell weapons at the flea markets in the DAytona area just like you can toys & tools. Bought my Albanian SKS & a Taurus .38 on different occasions but the pistol seller just looked at my drivers a few seconds. You are allowed to sell from YOUR personal collection & people use that dodge to avoid buying licenses. One poor bastard got greedy & a rival blew the whistle on him. ATF hit the market,confiscated 40 some guns,went into his home & the final count was around 150. They took his station wagon,all weapons & his HOME.
No consciences here ! :(

I go along with the Feds not knowing what you have. I buy guns that use common,cheap ammo & rotate it.

I love my country but not necessarily my government .

Uncle [ CYA ] Alan
 
I've always sold guns to either people I know, or to friends of people I know.

Never had a lick of trouble.
 
A gun is a tool like any other. Beyond the obvious circumstances you mentioned (drunks and psychopaths, etc.), you have no moral responsibility for its use after you sell it. If you sell a baseball bat to a guy who later uses it to bash somebody's head in, do you feel responsible?
 
before i buy a firearm i always do some research/etc on it, make sure its one i want, then i keep it, i dont sell them. honestly the last one i sold was an old .410 single shot stevans, the gun i learned to shoot with, sold it for $40 long long ago when i was about 13 (yes both parents knew) and i am still trying to buy it back from my friend.

swore then i'd never sell another unless i had to, and so far i have'nt.

regret to say i have had a few stolen through the yrs though, never recovered any of them either.
 
If you decide to sell it yourself, take two sheets of paper. On the first one, write:

In exchange for $xxx.xx cash received this [date] from [buyer's name] of [buyer's city of residence], I [your name] of [your city] do hereby sell and transfer my [gun make and model] firearm serial number [serial number]. I hereby represent that this firearm is my personal property and lawfully owned.

Signed, [your signature and date]




On the second paper, write:

On this [date], I, [buyers name] of [buyer's city of residence], am purchasing from [seller's name] of [seller's city] a [gun make and model] firearm serial number [serial number] for $xxx.xx paid in cash. I am immediately taking personal possession of this firearm.

Signed, [buyer's signature and date]



Give the first one to the buyer. You keep the second one.

If the gun is ever somehow tied to a crime committed before the date of purchase, the first receipt will establish for the seller that he bought the gun later than the crime.

On the other hand, if the gun is somehow tied to a crime committed after the sale, the second receipt protects you.
 
Guess it's the only quick way to CYA [ cover your arsenal ] Methinks a witness or two might be an idea.



Uncle Alan
 
uncle Alan said:
Methinks a witness or two might be an idea.
Click to expand...


Can't hurt. Just add:

Witnessed by [name of witness] of [city of residence of witness]: On [date], [name of person signing] of [city of residence], who is personally known to me, appeared before me and voluntarily signed this document with his own hand. This is my testimony freely given.

Signed, [signature of witness and date]
 
Hmm...that's a coincidence...I've been pondering the same thing myself this weekend.

When selling at Guns America or GunBroker, can you ship directly to the FFL holder on the other end, or does it have to go from your FFL holder to there FFL holders?

On the topic I used to sell guns off the Community Bulletin board pretty regularly. Don't do it anymore. Too many shady characters wanting to buy 'em. Last straw was a guy that was drunk, had just gotten outta prison, and was madder 'n hell at his spouse for leaving him while he was in. Ole boy wanted to buy my SKS. THEN he requested that I meet him in a dark parking lot in an hour while he supposedly went and got the money...

Need I bother saying I didn't show up? :D
 
If the person is a good friend or close family member that is of sound mind and body, and not an idiot, then I might consider it. Take it around the local gun show and hope that someone buys it. You can't determine what anyone is going to do with your gun, but if you have some kind of documentation that it changed hands, you should be in the clear.

Then again, looking at the court cases out there...
 
Here's how I handle the situation. I will sell a longarm to anyone of legal age (with the usual disclaimers) - not drunk, not a known felon, etc. I don't ask for any paperwork, just proof that they are a NYS resident. If I'm buying privately and am asked for any more than proof of residency, I decline (politely) to buy. I buy privately because I hate to leave a paper trail for the gun grabbers, so all I will show is my drivers license & I cover my name & address "accidentally" with my finger. I truly understand & respect why someone might require paperwork, and that is their choice, its just not for me. YMMV
 
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