HandGun Sales question

[BuzzStPoint]

Got a question if some of you may know.
Kind of a Wisconsin question.

I have a couple of handguns, we had a rummage sale this weekend and someone came in looking for rifles. I told me nope, but I do have a couple of hand guns for sale. He was interested so I went inside and got them.

He looked at my 9mm and said he wasn't interested. Then Looked at my Beretta U22 Neos 22 target pistol. Was interested. We agreed on the price.
The next day, (today) he came back and wanted to buy the gun. I told him that we would go to gander mountain and have the checks and registration done for the sale.

He told me if he has to do all that then he's not interested in the handgun. Then proceeded to tell me that in a private sale, you don't need to have the federal check and the registration for the gun done. I told him I would check into it. But didn't want to sell it without knowing. He respected that at the time.

He knows my wife. Comes into the place she works. She seen him today and told me that he tried to buy the gun and told her what I said then just told her I dont know the gun laws.


My main concern is that if I sell that gun, then something happens, the gun comes back to me via serial number. What if he's a felon? Can I get into trouble selling the gun to a felon?

Any input?

 

[TilliamWe]

Re: HandGun Sales question

I don't know the rules, same as you. But I would DARN SURE know them before I sold the gun! My advice to you is to do it by the book. Don't vary one bit.

 

[Philip_G]

Re: HandGun Sales question

he is right, unless your state has other laws and as long as he is a resident of that state you can sell a handgun to him and nothing is needed.
some people keep a record of sales, but it's not necessary.
if he's a felon it's not your job to ensure he can own a handgun

 

[Bob_VT]

Re: HandGun Sales question

As long as the buyer is over 21 and a citizen of your state it is legal. You do have the right to ask for a license

There is no ATF Form 4473 initiated. You are permitted to do private sales 6 times per year w/o being a FFL holder. (handguns)

The bill of sale (make a copy for each of you) serial number, description, name address of buyer.

As stated above the burden is on the buyer to be legal.

No Holiday Inn Express stay needed...... my brother owns a gun shop.

 

[kend301]

Re: HandGun Sales question

Despite the laws I would be sure he is clean , Ask him to bring a criminal record report OR go to your states Department of Corrections web site and enter his info and see if he is a convicted felon who should not have a gun . If he comes into your wifes work the last thing you want him to do is rob the place using the gun you just sold him .... better safe than sorry ... Just my thoughts ....

 

[Bob_VT]

Re: HandGun Sales question

People do not have to be convicted of a crime to prohibit gun ownership. If a person has misdemeanors they are still legal to own a weapon. Felony convictions prohibit modern firearms but not black powder weapons.

Now the sticky part is if the person has a RFA relief from abuse order for any domestic violence.....then weapons are not permitted and that is not a criminal offense.

 

[JRJ]

Re: HandGun Sales question

Regardless of the laws in your state, I wouldn't sell the guy a cap gun. In any event, cover yourself with any required paper work. You have no idea who he will sell or trade it to. Good luck.

 

[geeco1]

Re: HandGun Sales question

In Illinois, we have Firearm Owner cards issued by the state. You cannot sell a gun to anyone that does not show you this card. I believe that you are required to copy down the card number and buyer information and keep for several years.

To be on the safe side, you could always find a local licensed dealer (independant or commercial). Many of them would complete the transaction for you for a nominal fee.

 

[CATransplant]

Re: HandGun Sales question

At the present time, in Wisconsin, private sales are exempt from most regulations. The person has to be 21, a Wisconsin resident, and not ineligible to own a handgun, at least to your knowledge.

They've tried to change that law several times, and there is currently a bill in the legislature designed to force private sales through a FFL licensee. That's the way it is in a lot of states, and it will eventually pass. I do not believe it has passed yet, though.

Personally, I don't do private sales unless I know the buyer well...meaning they are a personal friend of mine. That's my rule, but it has nothing to do with legal issues. I especially wouldn't do it at a garage sale. Too much risk there.

Anyhow, know the laws in your state and city. Some cities have their own rules. You can call any firearms dealer and find out the current state of the laws or even a local law enforcement agency, if you're not paranoid about contact with them.

There are different rules in different jurisdictions.

 

[marlboro180]

Re: HandGun Sales question

Buzz,

One thing you can do to try to make sure you are selling to someone who is responsible is to check online at the link below.. It is an online public record of court events here in WI.
http://wcca.wicourts.gov/index.xsl
I use it for tenant background checks. And to remember where I was when I got my last speeding ticket!
It is not a guarantee for 100% accuracy , but will give you an idea if this person is ok to have a gun. For 100%, utilize a shop w/ a FFL to handle the transfer of ownership.

BTW- that NEO is one fun gun to shoot.

 

[tswiczko]

Re: HandGun Sales question

Required or not I always go through someone with an ffl and pay the 10 dollars for the paperwork.

Long gun or hand gun,
I wouldn't want anything to happen and have it come back on me.

It is always better to be safe, and if they aren't willing to go through the paperwork it isn't worth selling to them. In my experience if they aren't willing to do the paper they know they are going to be denied for what ever reason and are trying to skirt the system.

 

[Philip_G]

Re: HandGun Sales question

Required or not I always go through someone with an ffl and pay the 10 dollars for the paperwork.

Long gun or hand gun,
I wouldn't want anything to happen and have it come back on me.

It is always better to be safe, and if they aren't willing to go through the paperwork it isn't worth selling to them. In my experience if they aren't willing to do the paper they know they are going to be denied for what ever reason and are trying to skirt the system.

with the proliferation of the interweb it's been a long time since I've sold anything that didn't cross state lines and thence via an FFL, however I just don't care. So what? So they come back, you show them your records, to your knowledge he was an eligible owner, he told you nothing to the contrary. You're not breaking the law, he is by purchasing illegally.

Some people just don't want the BATF+E "keeping tabs" in their mind on what they do and do not own, to each his own that's their business.

I'd also mention we're talking a .22 target pistol here, not exactly something you're going to go shoot up the local mall with.

 

[BuzzStPoint]

Re: HandGun Sales question

I called Gander Mnt. and asked them what I needed to do.

They said the gun isn't "registered" to a person. It's more of recorded to whom it was sold to.
She said if I sell the gun to a private party, then the gun is used in a crime, they would call Beretta. They would tell them they sold the gun to Gander, and they would say they sold it to me.

Now from what Gander said, All I need to do is write up a bill of sale. On the bill of sale have the sellers name and address, and the buyers name and address. The type of gun, general description and serial number. Have both parties sign it and have a witness if possible.

So if the authorities would come back to me I could pull out the bill of sale and and show them who I sold it to. Then it's off me me.

I've never sold a gun before so I just didn't want to do the wrong thing and have it bite me in the arse later.

 

[WizeOne]

Re: HandGun Sales question

I called Gander Mnt. and asked them what I needed to do.

They said the gun isn't "registered" to a person. It's more of recorded to whom it was sold to.
She said if I sell the gun to a private party, then the gun is used in a crime, they would call Beretta. They would tell them they sold the gun to Gander, and they would say they sold it to me.

Now from what Gander said, All I need to do is write up a bill of sale. On the bill of sale have the sellers name and address, and the buyers name and address. The type of gun, general description and serial number. Have both parties sign it and have a witness if possible.

So if the authorities would come back to me I could pull out the bill of sale and and show them who I sold it to. Then it's off me me.

I've never sold a gun before so I just didn't want to do the wrong thing and have it bite me in the arse later.

The best and most accurate advice here. Follow it and you will be good to go.

 

[BuzzStPoint]

Re: HandGun Sales question

Before I decided to sell to this guy that refused to "go through the hassle"

I thought, Why not take the guns to Gander and see what they wil give me.

Gander gave me exactly what we were looking for for my wifes 22 pistol.
As for my Ruger 9mm, Not what I wanted but it was close I got over 1/2 of what I paid for it. Bought it in 2004, and haven't shot them in 2 years. So we sold them. to Gander.

 

[JRJ]

Re: HandGun Sales question

Glad it worked for you. I didn't care for "no hassle's" attitude

 

[roscoe]

Re: HandGun Sales question

Before I decided to sell to this guy that refused to "go through the hassle"

I thought, Why not take the guns to Gander and see what they wil give me.

Gander gave me exactly what we were looking for for my wifes 22 pistol.
As for my Ruger 9mm, Not what I wanted but it was close I got over 1/2 of what I paid for it. Bought it in 2004, and haven't shot them in 2 years. So we sold them. to Gander.

Next time you sell a firearm, contact me. I'll give you half of what you paid for it.

 

[xxxflhrci]

Re: HandGun Sales question

About half new retail for a used Ruger semi-auto centerfire pistol is around the going rate. While Ruger makes some great bolt guns, revolvers and .22 rifles and pistols, their double action semi-autos ain't all that and don't have a big following.

 

[Travis798]

Re: HandGun Sales question

Wow, there sure are a lot of people around here that wouldn't sell a gun to me. I buy guns at stores and do the whole NICS check on occasion, I have a concealed carry permit and almost always have a pistol on me, so I sure hope I'm legal to purchase. However, if buying a gun at a garage sale I wouldn't want the hassle of a FFL either. It's a waste of everyones time, it's a waste of money to pay the FFL to do the transfer, and by law it is simply not needed.

 

[waterinthefuel]

Re: HandGun Sales question

People do not have to be convicted of a crime to prohibit gun ownership. If a person has misdemeanors they are still legal to own a weapon. Felony convictions prohibit modern firearms but not black powder weapons.

Be careful with the bolded part. In the state of Louisiana a black powder gun is considered a firearm and thus a felon is not allowed to own one.

But its perfectly legal for him to own a 50 cal air gun which can take down a bison. Doesn't make much sense but it's the law.