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Discussion Starter · #1 · (Edited)
Is it against the law to sell a gun privately that you personally own, and no register it to he new owner....?

Someone told me all I need is a reciept or something like that..

I am sure I need to turn in some type of form , and I know there is a limitation to how many a person can sell a year without an FFL.

Also is it completely illegal in every state to purchase a non-registered firearm... I mean is there no way to buy a firearm that isn't registered with uncle sam?
 

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It depends on your State Law. It's always a good idea to get a copy of the buyers Drivers Li. or at least the information off it if it isn't possible to make copy.

Check with a gun shop in your area and see what the Local requirements for private transfer are. Just call on the phone, I'm sure they will be glad to furnish info.

Be safe, Hardball1911
 

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(B17) What recordkeeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. As noted in FAQs B1 and B2, which are posted on this Web site in the "Firearms" section, a private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

For information about any State or local regulations that may govern this type of transaction, it is advisable to contact State Police units or the office of your State Attorney General.

Please note that if a private person wants to obtain a gun from a private person who resides in another State, the gun will have to be shipped to an FFL in the buyer's State. The FFL will be responsible for record keeping. See FAQ B3 (Firearms).
 

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Discussion Starter · #4 ·
Thanks guys!!!
 

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Discussion Starter · #6 ·
Thanks ART :)
 

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Discussion Starter · #8 ·
I had to actually copy and paste the link :p

but my firewall at work is preventing me from viewing it, I think that is a good sign hehehe :)
 

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Even in states where there are no restrictions on private sales, ALWAYS get information on the purchaser, preferably a copy of, or information from, a driver's license. And keep the information on paper (and computer if you want) in a safe place.

The reason is simply to CYA. If the gun later turns up in the wrong situation, it WILL be traced to you and you will be a lot better off if you can say to whom you sold it and give the police or ATF the full info. Saying you "sold it to some guy" will not remove you from suspicion and sounds irresponsible.

Some people think who you sold it to is none of the cops' business, and that they will tell anyone asking where to go, but I hope no one here wants to cover up for some slimeball killer or drug hit man. Plus, providing a crime gun could be seen as accessory before the fact if you don't cooperate.

Jim
 

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Natural Selector, let me ask you a question.
I don't mean this to come off as my being a dick either.
I live in Florida too.

What makes you think that you have to "register" a gun to another person when you sell it?
When you go to sell or buy a gun, what mechanism in your brain says "this needs to be registered".

I am sure I need to turn in some type of form
Though this is totally untrue, why are you "sure you have to turn in a form" when that just isn't the case?

I really, really want to know how 95% of all "non-gun" people and about 50% of all "gun people" think that guns are all logged into some magical registry.
 

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Discussion Starter · #11 · (Edited)
Nors:

Thats a very good question. However I am unable to pinpoint any specific reasoning for why I thought this was the case. Other than the obvious fact of my ignorance of the legalities and process registration entails, I think I just assumed it.. I spoke with my friend that owns a gun shop in Orlando and he explained everything to me.

See, I thought that when the shop calls in to the ATF or whomever, they where actually registering the firearm, cal./model/make, ect... But my budy told me it is a mere criminal back ground check and thats it. So via my own incorrect assumption about that process it only made sense to me for me to have to turn in some type of registration form..

However thanks to my friends at the store, and thankss to all the helpful and informative people on 1911forum, I have been educated properly now.

Thanks guys.
 

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norskjager said:
Natural Selector, let me ask you a question.
I don't mean this to come off as my being a dick either.
I live in Florida too.

What makes you think that you have to "register" a gun to another person when you sell it?
When you go to sell or buy a gun, what mechanism in your brain says "this needs to be registered".
Though this is totally untrue, why are you "sure you have to turn in a form" when that just isn't the case?

I really, really want to know how 95% of all "non-gun" people and about 50% of all "gun people" think that guns are all logged into some magical registry.
Norskjager,
You really, really want to know how such thinking comes about?
Mind you, I haven't yet purchased my longarm or pistol in NYC, but I have already dished out over $500 for rifle/pistol possesion permits. When I submitted my rifle/shotgun permit and the accompanying $155, a part of the paperwork I was handed in return reads thus:

[cough]

"1. All rifles and shotguns must be registered in New York City.
(a) If transfering firearms from one permit holder to another, the buyer and seller must check the validity and expiration date of the others' Rifle&Shotgun permit.
(b) It is also the buyers' and sellers' responsibility to see if the gun in question has a validated registration form. The buyer will submit the new registration form to the R&S section. The registration form will be validated and sent back to the buyer. The seller can keep the pink copy and the buyer the white copy for their records. The white and pink forms are not actual registration forms.
(c) A green registration form must be filed out, and signed, by both the buyer and seller, for each gun bough and sold.
(d) When a gun is bought from a gun dealer outside New York City,a copy of, or the original bill of sale must be submitted along with the filled out registration form.
(e)When a gun is bought from an individual not residing in New York City, a notarized bill of sale from the seller, itemizing the gun, and including the name adress, and telephone # must be submitted along with the filled out registration form.
(f) IF the permit holder has a gun, in a residence outside of New York City, and wants to register in here in New York City, a notarized letter itemizing the gun and address it was kept at and explaining where the gun comes from will be necessary, in addition to filling out a registration form.
(g) when buying or selling rifles and shotguns froma New York City dealer, a registration form or disposition report will be issued by the dealer. The dealer will submit a duplicate to the Rifle& SHotgun Section.
(h)The buyer and seller should include a copy of their R&S Permit, and submit with registration form.
(i) When a permit holder sells a gun to someone outside the city, who does not possess a R&S permit, the permit holder will submit the registration form to the R&S section. It is referred to as a disposition report.
(j)All rifles and shotguns are to be registered within 72 hrs. of being brough into NYC.
If you have any further questions...."

Perhaps complete and irretrievably mired BS such as this is where NaturalSelector and the rest of us got the inkling notion that firearms must be somehow, somewhere, someway registered [cough].

I don't know if where you(plural) live, you have this amount of redtape. If you don't, then count yourself lucky....but also number your days. Here is a premonition of the future, and then some.
Cheers,
Lovegasoline
 

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Discussion Starter · #13 ·
Wow,
thanks GAS!!!!! :)
 

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Lovegasoline said:
"1. All rifles and shotguns must be registered in New York City.
<snip>

Cheers,
Lovegasoline
New York, Hawaii, New Jersey, Michigan, Illinois,and I believe MD *MIGHT* have a state registry, though I know they require private sales to go through NICS.
Period.

There are 43/44/45 some-odd states between Portland Oregon and Portland Maine that aren't subject to "registry" laws; walk into a gun show or look in the newspaper and buy whatever kind of gun you want and no one is the wiser...
but everyone thinks guns are registered everywhere.
Sorry for your situation up there in the big apple, but the rest of the world isn't subject to such bull****, so it is baffling why they think they are. From the tone of your post, I gather you believed the rest of us were in a similar boat as you up there in New York City.
I happily inform you- we aren't.
 

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norskjager said:
New York, Hawaii, New Jersey, Michigan, Illinois,and I believe MD *MIGHT* have a state registry, though I know they require private sales to go through NICS.
Period.
Read carefully.
The regulations I posted are those of NYC, not NY state. Frankly, I'm not hip to state wide regulations, or other specific county/city regs in NY State. I cannot speak to the above mentioned states, or others in the USA, as I am not cognizant of all the laws on the books...and I'm STILL very much on the learning curve for NYC. When I first breeched this subject on the forum I was warned about getting legal advice from the net. It's probably best for the org. poster to get an informed answer regarding his local laws from those who deal work within them regulalry...perhaps a call to a local gun store or gun range isn't a bad idea.


Sorry for your situation up there in the big apple, but the rest of the world isn't subject to such bull****, so it is baffling why they think they are.
A large segment of the WORLD is even worse off than NYC.


From the tone of your post, I gather you believed the rest of us were in a similar boat as you up there in New York City.
I happily inform you- we aren't.
Nay, you assumed incorrectly.
Most states in the USA are in a different boat than we here in NYC are. However, NYC may be a harbinger of things to come as gun rights are eroded nationwide. In 50 years it's conceivable that the current gun restrictions in NYC will be considered an unattainable example of freedom :eek:
 
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