how do I buy a used gun from private owner?

A forum for LEOs, firefighters, EMT and other first responders to discuss issues pertaining to their fields.
User avatar
Tact.Medic
Senior Member
Senior Member
Posts: 452
Joined: Mon Oct 09, 2006 3:23 pm
Location: Orlando

how do I buy a used gun from private owner?

Post by Tact.Medic » Tue Oct 10, 2006 9:38 am

Is there any special paper work needed to keep it legal? Should this be registered with the state? Sorry for the noob question but I'm a noob #-o

User avatar
Mr. Smith
Life Member
Life Member
Posts: 2219
Joined: Sat Jan 31, 2004 2:01 pm
Location: Marco Island to Ft. Myers, Florida

Post by Mr. Smith » Tue Oct 10, 2006 10:08 am

Okay, as far as I know, if you’re not a FFL holder, the only thing you’re required to do is make sure that you don’t knowingly sell your firearm to a felon.

How would you know or find out if a person is a felon? Well, there’s where it get’s a bit sticky. If it were me I’d be sure to ask him or her. If they said yes it is illegal to sell them the firearm. But if they said they were not a felon, and you had no other evidence to the contrary, you're allowed to sell them your firearm, if they were over 18 of course.

If you wanted to be real sure your name didn’t end up in some lawsuit, you could get a copy of their driver’s license, or require a CWL, but as far as I know it’s not required by law.

You’ve got guts, right? Use them. If you get a gut feeling that this person should NOT have a firearm, don’t sell it to them! You’re not required to sell them your gun, you’re not even required to give them a reason.

Our firearm rights are diminished every time somebody allows their firearms fall into the hands of someone that shouldn't have them.

What was the phrase Nancy Regan made famous? Just say NO!

Just to be sure you might wait and see how other people respond to your question.

Smith
"Among the many misdeeds of the British rule in India, history will look upon depriving a whole nation of its arms as the blackest."
- Mohandas Gandhi

"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.”
- Dalai Lama (Seattle Times, 05-15-2001).

User avatar
Dave P
Life Member
Life Member
Posts: 2498
Joined: Tue Apr 20, 2004 11:29 am
Location: west of Lake City

Post by Dave P » Tue Oct 10, 2006 10:31 am

any special paper work??


Yes, take those special green pieces of paper in your wallet, and move them to the sellers hand. Unless you are a felon, you are now the legal owner.


PS I think you can check if weapon is stolen on some FLA database. And getting a hand written receipt is always a good idea.

User avatar
Tact.Medic
Senior Member
Senior Member
Posts: 452
Joined: Mon Oct 09, 2006 3:23 pm
Location: Orlando

Post by Tact.Medic » Tue Oct 10, 2006 11:24 am

Dave P wrote:any special paper work??


Yes, take those special green pieces of paper in your wallet, and move them to the sellers hand. Unless you are a felon, you are now the legal owner.


PS I think you can check if weapon is stolen on some FLA database. And getting a hand written receipt is always a good idea.
:bb

Yea a reciept is a good idea, thanks guys :bg

Guest

Post by Guest » Tue Oct 10, 2006 12:05 pm

Mr. Smith wrote:Our firearm rights are diminished every time somebody allows their firearms fall into the hands of someone that shouldn't have them.
I agree wholeheartedly with the sentiment behind this statement (though I would quibble with the wording). Mr. Smith provides a good warning to those of us (all of us) who wish to comply 100% with the laws. In Florida, that's pretty easy.

To add to the responses to the OP, I'd mention that to legally complete a private buy in Florida you must be a Florida resident and can buy only from a Florida resident. Else, the transfer must go through an FFL.

User avatar
Tact.Medic
Senior Member
Senior Member
Posts: 452
Joined: Mon Oct 09, 2006 3:23 pm
Location: Orlando

Post by Tact.Medic » Tue Oct 10, 2006 12:38 pm

Aquaboogie wrote:
Mr. Smith wrote:Our firearm rights are diminished every time somebody allows their firearms fall into the hands of someone that shouldn't have them.
I agree wholeheartedly with the sentiment behind this statement (though I would quibble with the wording). Mr. Smith provides a good warning to those of us (all of us) who wish to comply 100% with the laws. In Florida, that's pretty easy.

To add to the responses to the OP, I'd mention that to legally complete a private buy in Florida you must be a Florida resident and can buy only from a Florida resident. Else, the transfer must go through an FFL.
thanks for the info, I have been here 5 years and just bought my first house =D> My job requires me to be a resident too, thanks again guys!

User avatar
Mr. Smith
Life Member
Life Member
Posts: 2219
Joined: Sat Jan 31, 2004 2:01 pm
Location: Marco Island to Ft. Myers, Florida

Post by Mr. Smith » Tue Oct 10, 2006 1:02 pm

Dave P wrote:PS I think you can check if weapon is stolen on some FLA database.
Good point! =D>

http://www3.fdle.state.fl.us/fdle/guns_search.asp

Smith
"Among the many misdeeds of the British rule in India, history will look upon depriving a whole nation of its arms as the blackest."
- Mohandas Gandhi

"If someone has a gun and is trying to kill you, it would be reasonable to shoot back with your own gun.”
- Dalai Lama (Seattle Times, 05-15-2001).

User avatar
Tact.Medic
Senior Member
Senior Member
Posts: 452
Joined: Mon Oct 09, 2006 3:23 pm
Location: Orlando

Post by Tact.Medic » Tue Oct 10, 2006 2:15 pm

Mr. Smith wrote:
Dave P wrote:PS I think you can check if weapon is stolen on some FLA database.
Good point! =D>

http://www3.fdle.state.fl.us/fdle/guns_search.asp

Smith
someone sticky that =D>

User avatar
ptannjr
Junior Member
Junior Member
Posts: 49
Joined: Mon Sep 25, 2006 12:00 pm
Location: Ocala, Fl
Contact:

Post by ptannjr » Tue Oct 10, 2006 2:21 pm

2 problems with that link, First many manufacturers may have the same SN and it is FL listings only, but it is a start.

User avatar
mjmensale
Life Member
Life Member
Posts: 9500
Joined: Fri Sep 19, 2003 7:47 am
Location: Palm Beach County

Re: how do I buy a used gun from private owner?

Post by mjmensale » Tue Oct 10, 2006 7:10 pm

Tact.Medic wrote:Should this be registered with the state?
There is no firearm registration in Florida, regardless of who you buy from.

Moe
America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards. Claire Wolfe

Don't pick a fight with an old man. If he is too old to fight, he'll just kill you. John Steinbeck

If you try to take our firearms, we will kill you. Mike Vanderboegh

Guest

Post by Guest » Tue Oct 10, 2006 7:20 pm

Why, ya just walk up 'n' ask 'em how much, hand them th' money and then walk away with th' gun.

User avatar
Tact.Medic
Senior Member
Senior Member
Posts: 452
Joined: Mon Oct 09, 2006 3:23 pm
Location: Orlando

Post by Tact.Medic » Tue Oct 10, 2006 8:52 pm

GeneC wrote:Why, ya just walk up 'n' ask 'em how much, hand them th' money and then walk away with th' gun.
just done that, LOL

grangalan
Senior Member
Senior Member
Posts: 252
Joined: Sun Aug 14, 2005 10:47 am
Location: Clearwater/Tampa
Contact:

Post by grangalan » Mon Oct 16, 2006 11:15 am

For people i know or have done buisness with before i dont require anything except some small talk, lol. For people i dont know i usually print out one of my template bill of sale as well as require them to give me a copy of their firearm.

The bill of sale has both of our signatures, the serial , date and a small affidavid signed by him stating he is over 18, not a felon or is not in any other way barred from owning firearms
-Dennis-

-Guns dont kill people, MARIO VAN PEEBLES-

User avatar
GunGeek
Newbie
Newbie
Posts: 4
Joined: Thu Nov 27, 2003 12:19 am
Location: Vero Beach, FL

Post by GunGeek » Thu Nov 09, 2006 2:07 pm

grangalan wrote:as well as require them to give me a copy of their firearm.
Man you have to tell me how you make those, I got quite a few firearms I'd love to have multiple copies of!
-GunGeek

glockpacker
Life Member
Life Member
Posts: 6610
Joined: Sun Apr 25, 2004 11:23 pm
Location: Fort Lauderdale

Post by glockpacker » Thu Nov 09, 2006 3:07 pm

Are we allowed to make copies of our own NFA items!!

;=je
Eric
Shooter of 1,000 yards

(Stolen from Moe without permission... because it's true) Don't pick a fight with an old man. If he is too old to fight, he'll just kill you. John Steinbeck

User avatar
jamis
Member
Member
Posts: 191
Joined: Wed Sep 21, 2005 12:04 pm
Location: Collier County

Post by jamis » Sun Nov 19, 2006 7:01 am

glockpacker wrote:Are we allowed to make copies of our own NFA items!!

;=je
As long as its not cloned from a stem cell

User avatar
fhp490
Executive Member
Executive Member
Posts: 986
Joined: Sun Aug 06, 2006 4:31 pm
Location: Ft White Fl

Post by fhp490 » Sun Nov 19, 2006 7:58 am

I tell my customers if they but or sell a gun get the Drivers license #, name and address of the buyer or seller.

Here is and actual case
The aft called and asked me to do a gun trace. I had sold a Browning to a good friend who is a customer at my shop. At the time I was still a State Trooper I asked the Aft what the problem was and was advised the had been used in a robbery and had shot a police officer in Boston only wounded him (Thank God)
They went to my friend and he told them he had sold the gun to “Joe Dokes” and gave them his information. Dokes couldn’t tell who he sold in to Dokes was now in their sights. They watched Dokes for a while found him and another guy were buying a lot of handguns at gun shows without paper. Dokes and the other guy were carrying black market guns to Washington DC and New York and selling them.


End of story my friend is in the clear. Dokes and the other guy are doing 15 years in a federal prison.

Get the name and address of the person you buy from or sell to
Your Freedoms Were Paid For By The Blood Of America’s Vets! For Those Who Fought For It, Freedom Has A Flavor The Protected Will Never Know!
If hooking up an terrorist's nuts to battery cables will save just one American life, then there are 3 things to remember,'Red is positive, Black is negative, and Make sure his nuts are wet.

User avatar
Springfield
Contributor
Contributor
Posts: 1116
Joined: Thu Nov 16, 2006 7:29 am
Location: Orlando

Post by Springfield » Sun Nov 19, 2006 2:15 pm

Strongly agree with fhp490 about writing down the other guy's drivers license number. FL does not regulate private gun sales among it's residents, hence the need to be sure both are FL residents or you're breaking Federal law.

A written record of the other guy's DL has several benefits:
1) If the other guy gets nervous about showing you any ID oor writing it down -- RUN AWAY!
2) As fhp490 points out, it establishes a paper trail that may help solve a gun crime and save you from grief. You don't know where that weapon came from or may wind up at.
3) If the seller forgot something like the magazine, you have a way to contact them (sounds stupid, but has happened to me both ways).
4) Going forward each party knows the other has his ID info, which may help keep honest people honest.

I know some folks feel asking for an ID or witing it down is somehow trampling on their gun rights. But in these times I'd rather be prudent than regretful. I would bet almost everyone who has been buying/selling/trading guns for more than a few years has a BATF story or 2.

my two cents
America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves. ~Abraham Lincoln
Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety. ~Ben Franklin

Davexx1
Member
Member
Posts: 71
Joined: Thu Oct 26, 2006 11:50 am
Location: Winter Springs, Fla.

Post by Davexx1 » Tue Feb 06, 2007 7:02 am

If I was selling a gun via a private sale that was in any way registered to me, I would surely not do so without a dated bill of sale or similar signed by the purchaser with at least his basic ID (name, address, city/state, phone number) on the document. If possible, this info probably should be verified and/or copied from a photo ID such as a DL. During the transaction and if the opportunity presents itself, you might make note of his/her vehicle's description and tag number.

If you are near a good copy machine, do a photo copy of his DL if he/she will permit you to do so. Of course, many people woud not likely agree to submit their DL number or a photo copy.

If dealing with a stranger, I would not agree to meet them at my home to do the transaction. You never know, they could come back later.

If you don't protect yourself, it is unlikely anyone else will.

Dave

User avatar
Springfield
Contributor
Contributor
Posts: 1116
Joined: Thu Nov 16, 2006 7:29 am
Location: Orlando

Post by Springfield » Tue Feb 06, 2007 7:32 am

Davexx1 wrote:If dealing with a stranger, I would not agree to meet them at my home to do the transaction. You never know, they could come back later.
Suggest meeting at a nearby range, or a police station. That's right, a police station. Go inside first and tell them you are doing a transaction with a firearm, so they are not surprised. They can watch you on their security cameras.
America will never be destroyed from the outside. If we falter and lose our freedoms, it will be because we destroyed ourselves. ~Abraham Lincoln
Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety. ~Ben Franklin

Post Reply