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Want to sell a gun or two.

smash29

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Mar 6, 2008
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Sandy Springs, Georgia, USA
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I'm looking to get rid of a gun or two so I can either pay down the credit card (after charging a gun or two) or better yet, buy another gun or two. I've made inquiries at a few shops on how much I might get in trade and after getting answers I'd rather keep the guns than get so little back for them. Hypothetically, I just don't want to get $400 for a gun that the shop will turn around and sell to someone else for $600 if I can get $500 for it myself.

What other options might I have?
 

FogRider

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You might look into Gunbroker.com if you want to sell to the nation. You might be able to put an ad in your local paper if you want to keep it local. And, if you ask nice and don't make a habit of it, posting what you've got here is usually accepted. I know a few folks have made deals that way.
 

smash29

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Thanks, just wasn't sure what options I had outside of selling or trading to a gun shop. I'm new with the transfer thing and I want to do right.

The guns are a H&K USP Compact .40 with <250 rounds through it and an older Colt Series 80 1911, Commander length. The Colt is on consignment at the shop and I'm not all that familiar with 1911s so I don't have all the specifics on hand right now.

Never been to a gun show, would that be something to look into?
 

FogRider

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Absolutely, I don't know why I didn't think of a gun show. I've never done it, so I don't know the specifics, but you can go to a local gun shop and they can do a private transfer for a small fee. Basically, it's just proof (beyond a receipt) that you sold the gun to someone else. Someone else feel free to correct me on this, but as far as I know simply selling a gun to someone without going through anyone else is perfectly legal, as long as the buyer can legally purchase the gun.
 

imperialism2024

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Catasauqua, Pennsylvania, USA
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FogRider wrote:
Absolutely, I don't know why I didn't think of a gun show. I've never done it, so I don't know the specifics, but you can go to a local gun shop and they can do a private transfer for a small fee. Basically, it's just proof (beyond a receipt) that you sold the gun to someone else. Someone else feel free to correct me on this, but as far as I know simply selling a gun to someone without going through anyone else is perfectly legal, as long as the buyer can legally purchase the gun.
It depends on state law, but it looks like you're right, at least if the OP is selling to other residents of Georgia: http://www.opencarry.org/privatetransfers.html

Remember that all interstate sales of guns, both handguns and long guns, must go through an FFL in order to comply with Federal "law".
 

asbrand

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Jun 27, 2007
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Marietta, Georgia, USA
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imperialism2024 wrote:
It depends on state law, but it looks like you're right, at least if the OP is selling to other residents of Georgia: http://www.opencarry.org/privatetransfers.html

Remember that all interstate sales of guns, both handguns and long guns, must go through an FFL in order to comply with Federal "law".
Not quite entirely true.

You do not have to be a resident of the same state for Long Guns.

And, only dealers are required to "transfer" a gun from themself to an individual. Individuals selling to individuals can sell a long gun to anyone, and a handgun to a fellow state resident, with no background check, no bill of sale, no transfer, nada...

Used to be you could only sell a Long Gun to a fellow resident, or a resident of a contiguous state (IE - a state who's border touched your state) but I dunno if that is still the case.
 

asbrand

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Yup...my bad.

I was thinking it was anyone, but apparently, only a dealer can sell to an out-of-state resident.

Of course...it is all silliness anyways...but that's the law.
 

Gunslinger

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State laws vary widely. In CO, I can sell a handgun to a resident with zero paperwork, which I recently did. I can also sell a longgun to anyone, although I would require a bos with them stating they are legally allowed to possess a firearm. With the handgun, I still had him sign the bos and state he was a CO resident. NH is about the same, but other states may be more complicated. Easy enough to look up state law. Out of state, "interstate" sale has to go thru a FFL at the buyer's home state, not the seller's.
 

Gunslinger

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NavyLT wrote:
Gunslinger wrote:
State laws vary widely. In CO, I can sell a handgun to a resident with zero paperwork, which I recently did. I can sell a longgun to anyone, although I would require a bos with them stating they are legally allowed to possess a firearm. With the handgun, I still had him sign the bos and state he was a CO resident. NH is about the same, but other states may be more complicated. Easy enough to look up state law. Out of state, "interstate" sale has to go thru a FFL at the buyer's home state, not the seller's.



Interstate Sales

The Federal Firearms Act barred interstate sales between nonprohibited persons only when the buyer's state required, and the buyer lacked, a license to purchase. S. 1-90 drew a line between "long arms" (shotguns and rifles) and other firearms (primarily handguns). Persons who were not licensed dealers could purchase handguns only in their state of residence. Residents of different states could sell each other rifles and shotguns so long as the receipt did not violate state or local law at the buyer's place of residence. Dealer "mail order sales" of any firearms were barred by a provision barring a licensee from shipping firearms or ammunition to a nonlicensee in interstate commerce.
Gunslinger,
I am not sure where you got your quoted information above, however, in you post, the first bolded part is absolutely not true, according to Federal law, which trumps all states' laws. The second part bolded applies universally to handguns, but not necessarily to all longgun sales. The applicable parts of Title 18, Chapter 44, Section 922 of United States Code is posted below.

Code:
Sec. 922. Unlawful acts (a) It shall be unlawful-- (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;


Good catch, as I left off two paragraphs I thought I had included: one identifying the previousquote (Interstate Sales) over the Firearm Owners Protection Act Legislation, c 1986:

(The FOPA (99th Congress, S.49), also known as the McClure-Volkmer Act, significantly amended GCA68, providing gun owners some positives and some negatives. Specifically: Opens up interstate sales of long guns on a limited basis. )
  • and the 2nd which is what you posted above. In my comments, I meant a Colorado resident under the age of 21 to sell a long arm. Duhh. My editing skills seemed to have let me down. Moral of the story: don't edit 2 minutes before leaving for the target range. :banghead:That being said, the second bolded part part applies to all interstate gun sales under current law, including long arms, by non-licensed persons.



    PS I see you caught the first post, before the first and incomplete edit. The quoted paragraph isn't in my post above, you'll notice.
 
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