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Thread: Private Gun Sales Nevada

  1. #1
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    I'm trying to get rid of one of my Glock 22's (chambered in .40) since I really don't need two of them.

    I actually am not sure of the laws regarding private gun sales in Nevada, I am assuming that I can just sell it, and that's it?

    What happened in Clark County with the Registration Scheme, do I need to inform them I no longer am the owner of the gun?

    Any help appreciated.

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    In most of Nevada it is as simple as meeting a person and exchanging the gun for the cash.

    I know that if you are selling a handgun in Clark County to another resident of Clark County you need to transfer the registration to the new owner within 72 hours. I believe many people opt to do the transfer right at the police station so they can transfer the registration on the spot.

    As far as a private sale to someone out of Clark County but who is a NV resident, I don't know what the proper procedure is to unregister the gun.

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    Does the person have to be a NV resident for a private sale (I dont think so?) Can't you just transfer to someone from any state, as long as you dont know they are a felon?

    Thanks again for your help, want to sell this gun and buy a Walther PPS

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    I'm not an expert, but I believe if you want to sell to someone out of state you must ship the firearm to an FFL dealer in their state and they must receive it that way, per federal law. That means the other guy will also have to pay a background check and transfer fee. Also, since it is going through a dealer the buyer would have to be 21 rather than 18 for a handgun, whereas a private sale in NV would allow the buyer to be 18. You don't need to have an FFL dealer ship it, but a dealer must receive it. (I'd use UPS, it is illegal to ship via USPS unless you are a dealer.) Get permission from the FFL holder first before sending it though.

    At least, that is how I think it works.

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    Pace wrote:
    Does the person have to be a NV resident for a private sale (I dont think so?) Can't you just transfer to someone from any state, as long as you dont know they are a felon?

    Thanks again for your help, want to sell this gun and buy a Walther PPS
    NO! Against 18 USC 922(a)(3) and (a)(5). The seller and the buyer each commit seperate FELONIES.

    A handgun must be transferred to the buyer by an FFL in the buyer's state of residence.

    A long gun may be transferred by an FFL in either the buyer's or seller's state of residence, in most cases, because of the 18 USC 922 (b)(3) exemption applying to long guns.

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    I didnt say shipping OUT OF STATE. I said someone from another state, in-state.

    There is no ID requirement, or requirement to verify residence for private. I know that much!

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    http://www.opencarry.org/privatetransfers.html

    The main site here has some information, and likely references.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    wrightme wrote:
    http://www.opencarry.org/privatetransfers.html

    The main site here has some information, and likely references.
    Not very helpful:
    Not Yet Determined

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    Yes, but if you look at the map, the state is yellow, which is "Legal" for private transfers. I do not have cites at present, but from what I remember, private transfers are legal, with limitation of no handgun transfers to those under 18. It is unlawful to knowingly transfer firearms to prohibited persons. Private parties May use the BG check system to determine eligibility, but there is no requirement to do so.

    Clark county is its own for the registration. From what I recall, to sell to another Clark County resident, you must make the transfer at an LE location so the registration is recorded.


    Disclaimer: IANAL, nor do I play one on TV, and I did NOT sleep at a Holiday Inn Express last night.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    That can't be right, then all the private gun sales in Clark County that occur at the LAs Vegas gun shows would be illegal, no?

    Ergh

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    Pace wrote:
    That can't be right, then all the private gun sales in Clark County that occur at the LAs Vegas gun shows would be illegal, no?

    Ergh
    Which is the reason that a plaintiff has been sought for a challenge lawsuit.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Pace wrote:
    I'm trying to get rid of one of my Glock 22's (chambered in .40) since I really don't need two of them.

    I actually am not sure of the laws regarding private gun sales in Nevada, I am assuming that I can just sell it, and that's it?

    What happened in Clark County with the Registration Scheme, do I need to inform them I no longer am the owner of the gun?

    Any help appreciated.
    Regardless of what the law states, I would transfer ownership through an FFL license holder. The Glock will still be registered in your name. You never know, it could be used to commit a crime. The transfer fee is peace of mind.

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    calmp9 wrote:
    Pace wrote:
    I'm trying to get rid of one of my Glock 22's (chambered in .40) since I really don't need two of them.

    I actually am not sure of the laws regarding private gun sales in Nevada, I am assuming that I can just sell it, and that's it?

    What happened in Clark County with the Registration Scheme, do I need to inform them I no longer am the owner of the gun?

    Any help appreciated.
    Regardless of what the law states, I would transfer ownership through an FFL license holder. The Glock will still be registered in your name. You never know, it could be used to commit a crime. The transfer fee is peace of mind.
    A search of Clark County code should provide the answer to the registration. That is the only valid "registration" applicable here.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    Pace wrote:
    I didnt say shipping OUT OF STATE. I said someone from another state, in-state.

    There is no ID requirement, or requirement to verify residence for private. I know that much!
    The answer is STILL NO. And the reason is STILL both parties would be committing felonies against 18 USC 922(a)(3) and (a)(5). The Federal regulation prohibits private sales between residents of two different states, REGARDLESS of where the sale takes place, REGARDLESS of if it is face to face or if there is shipping involved. You sell a gun privately to a person who you know is not a resident of your own state, and you have broken the law, period, REGARDLESS of whether or not anyone showed ID.

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    wrightme wrote:
    Yes, but if you look at the map, the state is yellow, which is "Legal" for private transfers. I do not have cites at present, but from what I remember, private transfers are legal, with limitation of no handgun transfers to those under 18. It is unlawful to knowingly transfer firearms to prohibited persons. Private parties May use the BG check system to determine eligibility, but there is no requirement to do so.

    Clark county is its own for the registration. From what I recall, to sell to another Clark County resident, you must make the transfer at an LE location so the registration is recorded.


    Disclaimer: IANAL, nor do I play one on TV, and I did NOT sleep at a Holiday Inn Express last night.
    In Clark Countya private transfer does not have to be done at a police station. In fact, the previous owner of the firearms does not even have to be present when the new owner has it registered. While it is recommended that the seller be present just in case the buyer is not eligible to own the firearm, it is not required.

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    Thank you for the education!

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    In Clark County¬*a private transfer does not have to be done at a police station. In fact, the previous owner of the firearms does not even have to be present when the new owner has it registered. While it is recommended that the seller be present just in case the buyer is not eligible to own the firearm, it is not required.
    Can you give reference to where you do not have to be present for the new owner to register the weapon?

    According to C.C Ord. 12.04.210, "It shall be unlawful for any person to sell, give away, or permanently pass on to another person of any pistol, revolver or other firearm capable of being concealed unless the Transferor first registers, or causes the weapon to be registered to the new owner."

    However or wherever you do make your business, you, the transferor, must make the registration happen, according to this code. Of course, assuming your weapon is already registered within Clark County.

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    takemine2 wrote:
    In Clark Countya private transfer does not have to be done at a police station. In fact, the previous owner of the firearms does not even have to be present when the new owner has it registered. While it is recommended that the seller be present just in case the buyer is not eligible to own the firearm, it is not required.
    Can you give reference to where you do not have to be present for the new owner to register the weapon?

    According to C.C Ord. 12.04.210, "It shall be unlawful for any person to sell, give away, or permanently pass on to another person of any pistol, revolver or other firearm capable of being concealed unless the Transferor first registers, or causes the weapon to be registered to the new owner."

    However or wherever you do make your business, you, the transferor, must make the registration happen, according to this code. Of course, assuming your weapon is already registered within Clark County.
    A bill of sale causes the weapon to be registered to the new owner. It can also be looked up by the previous owner's name and the serial number on the gun. It can also be interpreted as the pistol must be registered by the previous owner prior to sale to the new owner.

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    crazynova wrote:
    takemine2 wrote:
    In Clark Countya private transfer does not have to be done at a police station. In fact, the previous owner of the firearms does not even have to be present when the new owner has it registered. While it is recommended that the seller be present just in case the buyer is not eligible to own the firearm, it is not required.
    Can you give reference to where you do not have to be present for the new owner to register the weapon?

    According to C.C Ord. 12.04.210, "It shall be unlawful for any person to sell, give away, or permanently pass on to another person of any pistol, revolver or other firearm capable of being concealed unless the Transferor first registers, or causes the weapon to be registered to the new owner."

    However or wherever you do make your business, you, the transferor, must make the registration happen, according to this code. Of course, assuming your weapon is already registered within Clark County.
    A bill of sale causes the weapon to be registered to the new owner. It can also be looked up by the previous owner's name and the serial number on the gun. It can also be interpreted as the pistol must be registered by the previous owner prior to sale to the new owner.
    I believe you are not reading it correctly then. It sure clearly states that the transferor is responsible for the registration to the new owner under Clark County Ord.
    "Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety." Benjamin Franklin

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    What if I meet a Clark County resident in Nye County? What if I meet a Nye County resident in Clark County?

    Ugh, this registration law HAS GOT TO GO. I just transferred a long gun to someone in a parking lot after confirming with LV Metro that all I needed was a bill of sale.

    A quick call to 311 should help clear up any questions.

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    A bill of sale? I never heard that...what if its your best friend and you want to give as a present?

    As people pointed out, Grandad can get arrested for giving his kid a hunting rifle in some states.

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    Let me clarify. The bill of sale is just SUGGESTED paperwork, it's not actually required. Yes, you can hand the gun to someone as a gift and never complete a single piece of paper. However, the bill of sale is suggested (or a bill of gifting), as a paper trail in case you later need it. For example, if the gun is used in a crime at some future point, and it's traced back to you, you could produce this piece of paper showing you no longer own it.

    Tim

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    Quote Originally Posted by NavyLCDR View Post
    Pace wrote: The answer is STILL NO. And the reason is STILL both parties would be committing felonies against 18 USC 922(a)(3) and (a)(5). The Federal regulation prohibits private sales between residents of two different states, REGARDLESS of where the sale takes place, REGARDLESS of if it is face to face or if there is shipping involved. You sell a gun privately to a person who you know is not a resident of your own state, and you have broken the law, period, REGARDLESS of whether or not anyone showed ID.
    But if nobody shows ID or does a background check or even asks any questions because none of that is even required, then "knowingly" can be argued. No?

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    You are under no obligation to do any research into your buyer. The buyer is the one with the legal burden to only buy if he qualifies to possess. But, if you already KNOW your buyer does not qualify, now you also are committing a crime.
    Last edited by MAC702; 11-05-2012 at 12:59 PM.
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    Quote Originally Posted by timf343 View Post
    Let me clarify. The bill of sale is just SUGGESTED paperwork, it's not actually required. Yes, you can hand the gun to someone as a gift and never complete a single piece of paper. However, the bill of sale is suggested (or a bill of gifting), as a paper trail in case you later need it. For example, if the gun is used in a crime at some future point, and it's traced back to you, you could produce this piece of paper showing you no longer own it.

    Tim
    Since this thread got bumped:

    If you feel a bill of sale is good policy, you should do this for all sales, like TVs, computers, radios, etc. Many of these things have serial numbers, too, and a computer is far more likely to be used in a "crime."

    A paper trail is really just a "feel-good." You are under no obligation to show it to anyone unless you yourself are a suspect, or you just like talking to police for some strange reason. And the police MUST accept this as a legitimate answer: "No, I sold that years ago; have a nice day, somewhere else."

    I will not submit to a BOS as a private buyer. You will lose the sale first.

    Keep in mind that when a licensed dealer does this paperwork, it goes into secured storage. I have no idea what some private seller can do (willfully or negligently) with my personal information that was never any of his business from the start.
    Last edited by MAC702; 11-05-2012 at 11:04 AM.
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