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Thread: Private Handgun Transfer

  1. #1
    Regular Member Reverend BCal's Avatar
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    HEY, everybody! Quick question. I want to buy a handgun from a friend of mine, and have never done a private transfer. Does Missouri require that I provide him with a "permit" or permission slip from the Sherriff? Do I just need to document heavily? I'm not sure if he registered the gun in his name, but I don't plan on registering. I just don't want to get stopped while OC'ing and have an LEO hassle me about a gun registered in someone else's name. Again, just looking for the process to make it all legal! Any and all advice is appreciated! Thanks, guys! Carry on!
    "Before all else, be armed." -Nicolo Machiavelli

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    no permit required,but i would get a bill of sale just in case it is stolen,and if so you can still be charged with recieving stolen property.

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    Regular Member cash50's Avatar
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    Rev, what do you mean you don't plan on registering?? For what?

    If you get stopped while OC'ing that doesn't give an LEO an excuse to finger f@#$ your gun and run its serial number.

    A face to face (FTF) transaction is legal in Missouri with no documentation or taxes.

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    Regular Member Broondog's Avatar
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    a FTF sale/purchase in MO is perfectly legal without any documentation whatsoever as Cash pointed out, but as a CYA measure it would always be prudent for both parties to leave the transaction with each others pertinent information, ie: basic ID info.

    that way either of you can show an above board trail of the firearm should any questions arise in the future. then again, in today's political climate of the possibility of mandated firearm registration, some folks like the idea of having 'non-papered' guns. that is their choice and also perfectly legal.

    i, myself, prefer to be able to document EVERY firearm transaction in some way. if the seller or buyer gets 'hinky' about giving their info that tells me that it's a gun that i don't want and i walk away.

    how you, Reverend, choose to proceed is your choice. good luck!




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    gunman wrote:
    no permit required,but i would get a bill of sale just in case it is stolen,and if so you can still be charged with recieving stolen property.

    BATFE Federal firearms regulations allows fortransfer of a firearm by an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law....CFR 478.29 and 478.30. A person may only acquire a firearm within the persons own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at the licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. CFR 478.29 and 478.30.

    Now here's the kicker. Missouri State law allows for transfer of firearms except to criminals, an intoxicated person, a person under 18 etc.

    Code Section 571.080 Transfer of concealable firearm without permit unlawful-Exceptions...

    1. A person commitsthe crime of transfer of a concealable firearm without a permit if:

    (1) He buys, leases, borrows, exchanges or otherwise receives any concealable firearm , unless he first obtains and delivers to the person delivering the firearm a valid permit authorizing the acquisition of the firearm, etc. etc.

    In Missouri, any firearm with a barrel length of 16" or less is considered to be a concealable weapon.

    So, if you intend to transfer a pistol to your friend in Missouri, you need a Concealed Carry Endorsement. If you are transferring a rifle or shotgun to a friend or relative, you don't.

    When transferring a firearm it is always a good idea to record and keep as a permanent record alongwith a bill of sale. ATF Form 4473 is not used by unlicensed persons transferring a firearm. that form is only for licensed FFL's.

    You are not required to keep any record of the transfer but it is wise to do so. In reality, when you purchase a new or used gun from a licensed FFL dealer, the dealer will contact NICS (FBI) for a background check. The government does not keep these records and are not allowed to for more than I believe 18 months at least for now. The licensed FFL dealer though must keep records of all firearms transactions and must maintain the records for 20 years. Each year FFL's get audited by BATFE to make sure they are keeping their bound books in order. For this reason and this reason only, you can re-register the firearm with a licensed FFL (for a fee). Should the firearm be lost or stolen, at least someone will have a record. Of course BATFE recommends this be done but it is not required by Federal or Statelaw.




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    Roy-Bean wrote:
    gunman wrote:
    no permit required,but i would get a bill of sale just in case it is stolen,and if so you can still be charged with recieving stolen property.
    BATFE Federal firearms regulations allows fortransfer of a firearm by an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law....CFR 478.29 and 478.30. A person may only acquire a firearm within the persons own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at the licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. CFR 478.29 and 478.30.

    Now here's the kicker. Missouri State law allows for transfer of firearms except to criminals, an intoxicated person, a person under 18 etc.

    Code Section 571.080 Transfer of concealable firearm without permit unlawful-Exceptions...

    1. A person commitsthe crime of transfer of a concealable firearm without a permit if:

    (1) He buys, leases, borrows, exchanges or otherwise receives any concealable firearm , unless he first obtains and delivers to the person delivering the firearm a valid permit authorizing the acquisition of the firearm, etc. etc.

    So, if you intend to transfer a pistol to your friend in Missouri, you need a Concealed Carry Endorsement. If you are transferring a rifle or shotgun to a friend or relative, you don't.

    When transferring a firearm it is always a good idea to record and keep as a permanent record alongwith a bill of sale. ATF Form 4473 is not used by unlicensed persons transferring a firearm. that form is only for licensed FFL's.

    You are not required to keep any record of the transfer but it is wise to do so. In reality, when you purchase a new or used gun from a licensed FFL dealer, the dealer will contact NICS (FBI) for a background check. The government does not keep these records and are not allowed to for more than I believe 18 months at least for now. The licensed FFL dealer though must keep records of all firearms transactions and must maintain the records for 20 years. Each year FFL's get audited by BATFE to make sure they are keeping their bound books in order. For this reason and this reason only, you can re-register the firearm with a licensed FFL (for a fee). Should the firearm be lost or stolen, at least someone will have a record. Of course BATFE recommends this be done but it is not required by Federal or Statelaw.

    Roy-Bean:

    You are not quoting CURRENT Missouri statutes!

    http://www.moga.mo.gov/statutes/C500-599/5710000080.HTM

    Transfer of concealable firearms.

    571.080. A person commits the crime of transfer of a concealable firearm if such person violates 18 U.S.C. Section 922(b) or 18 U.S.C. Section 922(x).

    I am afraid you are 0 for 1, buddy.... :?

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    NavyLT wrote:
    Roy-Bean wrote:
    Roy-Bean:

    You are not quoting CURRENT Missouri statutes!

    http://www.moga.mo.gov/statutes/C500-599/5710000080.HTM

    Transfer of concealable firearms.

    571.080. A person commits the crime of transfer of a concealable firearm if such person violates 18 U.S.C. Section 922(b) or 18 U.S.C. Section 922(x).

    I am afraid you are 0 for 1, buddy....
    18 U.S.C. Chapter 44- 922 (a)

    (9)(b)(2) any firearm to any person in any state where the purchase or possession by such person of such firearm would be in violation of any State law or any published ordinance applicable at the place of sale, delivery or other disposition, unless the licensee knows or has reason to believe that the purchase or possession would not be in violation of such State law or such published ordinance.

    The link to RSMOonly refers back to Federal law. 571.080 since there is no revised verbiage, it appears(9)(b)(2)cannotapply to this section.

    Everything else I mentioned stands.

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  9. #9
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    Roy-Bean wrote:
    In Missouri, any firearm with a barrel length of 16" or less is considered to be a concealable weapon.

    So, if you intend to transfer a pistol to your friend in Missouri, you need a Concealed Carry Endorsement. If you are transferring a rifle or shotgun to a friend or relative, you don't.
    There are no permit or "endorsement" requirements for a private firearms transaction in MO.

  10. #10
    Regular Member Broondog's Avatar
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    NavyLT wrote:
    Roy-Bean wrote:
    In Missouri, any firearm with a barrel length of 16" or less is considered to be a concealable weapon.

    So, if you intend to transfer a pistol to your friend in Missouri, you need a Concealed Carry Endorsement. If you are transferring a rifle or shotgun to a friend or relative, you don't.
    There are no permit or "endorsement" requirements for a private firearms transaction in MO.
    NavyLT, you are correct sir. a CC permit has nothing to do with any private transfer.

    Roy-Bean's first statute quote of....

    (1) He buys, leases, borrows, exchanges or otherwise receives any concealable firearm , unless he first obtains and delivers to the person delivering the firearm a valid permit authorizing the acquisition of the firearm, etc. etc.


    .....pertained to the now defunct law of needing a permit issued by your county Sheriff to aquire a handgun from a FFL dealer. that law was nullified in August of 2007 (i think, maybe 08).

    one thing to note though is that for a private sale to be legal BOTH the buyer and seller must be MO residents, so it's a good idea to at least verify that fact from their ID's.
    I'm the one who's gotta die when it's time for me to die, so let me live my life the way I want to.
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