• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

private handgun sale

nick1207

New member
Joined
Apr 13, 2009
Messages
64
Location
, ,
imported post

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.
 

neuroblades

Regular Member
Joined
Aug 26, 2009
Messages
1,240
Location
, Kentucky, USA
imported post

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.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

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.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
imported post

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.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
imported post

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.
 

Mike

Site Co-Founder
Joined
May 13, 2006
Messages
8,706
Location
Fairfax County, Virginia, USA
imported post

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.
 

sticklerforrights

New member
Joined
Feb 16, 2010
Messages
2
Location
, ,
imported post

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.
 

gravedigger

Regular Member
Joined
Jul 20, 2008
Messages
221
Location
Franklin, Kentucky, USA
imported post

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
 

chris in va

Regular Member
Joined
Sep 5, 2008
Messages
234
Location
Louisville KY, ,
imported post

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.
 

poetdante

Regular Member
Joined
Jan 30, 2014
Messages
449
Location
Louisville, KY
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.
 
Top