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Thread: private handgun sale

  1. #1
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    I am selling one of my handguns.. I need to know what the laws are, can i sell to another person? .. what can i do to cover myself when making a private sale? am isuppose to check thebuyers background.. this is a face to face sell.

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    You can find the Kentucky Revised Statutes here: http://www.lrc.ky.gov/krs/titles.htm


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    Regular Member neuroblades's Avatar
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    mnick426 wrote:
    I am selling one of my handguns.. I need to know what the laws are, can i sell to another person? .. what can i do to cover myself when making a private sale? am isuppose to check thebuyers background.. this is a face to face sell.
    Additionally and more simply, if you have a favourite gun store you deal with, you can go there and have them do the FFL paperwork for re-sale. This will legally "let you off the hook" for responsibility for ownership and use of said firearm, once you sell it. The FFL will require the new owner to be be run through the same paperwork and background check as you had to go through to originally purchase it. That's the ONLY way I'd sell a weapon in this day and age.
    Got SIG? MOLON LABE

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    neuroblades wrote:
    Additionally and more simply, if you have a favourite gun store you deal with, you can go there and have them do the FFL paperwork for re-sale. This will legally "let you off the hook" for responsibility for ownership and use of said firearm, once you sell it.
    huh? There is no automatic vicarious liability by a transferor for torts committed by a transforee with a firearm obtained from the transferor, nor does using an FFL provide any immunity for liability which might attach for said transfer.

    Please cite to authority if proffering a rule of law like this.

    Moreover, the whole idea behind private sales is to break the chain of governmental surveillance over firearm ownership - private means private so keep no transfer records.


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    Regular Member Gunslinger's Avatar
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    Mike wrote:
    neuroblades wrote:
    Additionally and more simply, if you have a favourite gun store you deal with, you can go there and have them do the FFL paperwork for re-sale. This will legally "let you off the hook" for responsibility for ownership and use of said firearm, once you sell it.
    huh? There is no automatic vicarious liability by a transferor for torts committed by a transforee with a firearm obtained from the transferor, nor does using an FFL provide any immunity for liability which might attach for said transfer.

    Please cite to authority if proffering a rule of law like this.

    Moreover, the whole idea behind private sales is to break the chain of governmental surveillance over firearm ownership - private means private so keep no transfer records.
    Or criminal activity, as well as torts. Checking that the buyer is a resident, DL for example, is all you need to do. Or military ID if not a resident but on active duty. I do, however, keep a copy of the bill of sale I give the buyer showing his proof of residence. But it's not required to do so.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Gunslinger wrote:
    Or criminal activity, as well as torts.
    what does this mean?

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    Regular Member Gunslinger's Avatar
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    Mike wrote:
    Gunslinger wrote:
    Or criminal activity, as well as torts.
    what does this mean?
    You only mentioned subsequent torts. "There is no automatic vicarious liability by a transferor for torts committed by a transforee..." Subsequent crimes are also not linked to the lawful sale of a weapon.
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Gunslinger wrote:
    Mike wrote:
    Gunslinger wrote:
    Or criminal activity, as well as torts.
    what does this mean?
    You only mentioned subsequent torts. "There is no automatic vicarious liability by a transferor for torts committed by a transforee..." Subsequent crimes are also not linked to the lawful sale of a weapon.
    Right, OK, thanks for clarifying.

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    thanks

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    I can't get the PDF to work. Does it mention the ages of people permitted to buy handguns in private sales? I'd like to be able to cite something for the 18 age requirement.

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    Thanks a lot.

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    gutshot wrote:
    mnick426 wrote:
    I am selling one of my handguns.. I need to know what the laws are, can i sell to another person? .. what can i do to cover myself when making a private sale? am isuppose to check thebuyers background.. this is a face to face sell.
    In KY you are legally allowed to sell property you own including handguns and long guns. A dealer is not required. If you are nervous about this you can use a dealer, but guns are sold in this manner every day in KY. You can sell your handgun to another KY resident as long as you are both at least 18 yrs. old and the buyer is not prohibited from owning a handgun. You are not required to check his background or demand ID just ask him these questions. It might be a good idea to look at his drivers license to check his residence and age if he is a stranger.
    My GOD, I love Kentucky!!! :celebrate

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    I like to see their CC permit if possible. Doesn't mean they haven't committed a crime since being issued the card, but still puts me at ease.

    If in any way they act weird or send up red flags in your mind, DON'T DO IT.

    Also don't do the transaction in your home. Go to a public spot like a parking lot during the day.

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    Not to necro the thread but if I'm TRADING a rifle for a handgun in KY, and we are both KY residents, then nothing needs to be done? Would asking him to sign a Bill of sale that I made be offensive? First time trader here so looking for advice. Couldn't find anything prohibiting private transactions between residents.

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    As long as your both Kentucky residents and you believe the other person can legally own the firearm, you're good to go.

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    Regular Member WalkingWolf's Avatar
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    You guys should really ask a superFFL, they are the Cliff Clavin of firearms sales.
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    Quote Originally Posted by gravedigger View Post
    gutshot wrote:
    My GOD, I love Kentucky!!! :celebrate
    I moved here to western Kentucky from Florida almost two years ago, and my only regret is, I wish I had of done it 32 years ago, and not move to Florida from southern Maryland.
    If you're not ashamed to own it, don't be ashamed to open carry it.

    A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

    Concealed carry, where you HIDE the exercise of your right to carry arms.

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    Regular Member solus's Avatar
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    Quote Originally Posted by WalkingWolf View Post
    You guys should really ask a superFFL, they are the Cliff Clavin of firearms sales.
    and to think eye95 got ban'd from the site, he would have helped i'm sure

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