imported post
Reapster wrote:
Need to sell one of my guns
but the question I have is what is the best way to sell it to another person in a responsible manner?
I am not a lawyer, this is not legal advice, YMMV, and every other disclaimer.
That said, my best understanding is that there are very few requirements on private gun transfers in the State of Utah. You don't want to sell a gun to a minor (though a private sale of a handgun to a person between 18 and 21 years of age is legal if there are not other disqualifying events), nor to someone who isn't a resident of Utah. You don't want to sell a gun to a felon, drug user, or someone who is mentally incompetent.
However, Utah does not require you to exchange any paperwork, nor do the transfer through a dealer. It is a good idea to ask to see at least a Utah driver license just to do a good faith effort and verifying age and residency. Some sellers are now requiring a buyer to show a permit to carry as evidence of a clean criminal background. You might ask the buyer to verbally confirm that s/he is legally eligible to buy and own a gun.
Some sellers will require buyers to sign a copy of a bill of sale. Some don't. Either way it is a good idea to keep some kind of personal record of the date and time you sold the gun so on the off chance that 10 years down the road a trace on it leads to your door you will at least have some record of when you sold it. This is probably even less likely if you bought the gun used than if you bought it from a dealer.
Cash is your safest bet. Everything else comes at the risk of never seeing the money. That includes cashier checks and counter checks unless you have some way to tell the difference between the real thing and a forgery.
Physical safety is another consideration. Your own home may offer certain advantages and conveniences at the moment. But now the buyer--as well as the 5 guys who looked at it but decided not to buy it--all know where you live and that you probably have other guns. A shooting range is a fine place to make the sale as it allows for test firing of the gun before or immediately after the sale. If you are going to let a buyer test fire the gun, use YOUR ammo. You don't need to have your gun blown up by someone's hot hand loads. If he wants to do that after it is his gun, his business and problem.
Finally, follow your gut. You are not a business (you'd be in big trouble with the BATF if you were buying and selling guns as a business without an FFL). You are not subject to discrimination claims or suits. Listen to your gut and if anything doesn't feel right, don't make the sale. This is easier to do if you've not given out too much personal information. Cell phone numbers don't reveal your address nearly as easily as land lines.
Charles