Thinking about selling a gun with ammo

ZMB-KILL · Jul 8, 2020

I'm thinking about selling my FN 5.7 pistol with about 1,000 rounds of ammo, but I've never sold to an individual.

I've done a few trade-ins for new guns, but never sold to a person.

Are there laws that I need to know, forms that need to be filled out, etc?

Thanks!

craigntx · Jul 8, 2020

No.cash in fist as long as you have no reason to believe the buyer is prohibited

Sasquatch · Jul 8, 2020

You're a damn good human selling a gun like that with the stuff to feed it. 5.7 can be hard to come by. Price it fair so that both parties are satisfied and enjoy your fatter wallet. Private sales are private sales. FFLs will consign for you as well if you want to give them 15-30%. I have bought used guns on consignment before that came with an ammo can full of rounds, plus mags. I'd rather cut out the middle man and buy direct from the seller though.

Glenn B · Jul 8, 2020

craigntx said:
No.cash in fist as long as you have no reason to believe the buyer is prohibited

Apparently without knowing where the OP resides (no such info on his/her profile page) you answer "No." to this question: "Are there laws that I need to know, forms that need to be filled out, etc?".

Then you add "...as long as you have no reason to believe the buyer is prohibited". What does prohibited mean? If the buyer is prohibited (whatever that means), is that due to a law, maybe one of which a gun seller would need to have awareness? Just curious and asking for a friend who is a potential first time seller and who has no clue.

seeker_two · Jul 8, 2020

If you ask for a Bill of Sale, expect to take a lot of flak from here.....

Sent from my SM-G892A using Tapatalk

Sasquatch · Jul 8, 2020

Glenn B said:
Apparently without knowing where the OP resides (no such info on his/her profile page) you answer "No." to this question: "Are there laws that I need to know, forms that need to be filled out, etc?".

Then you add "...as long as you have no reason to believe the buyer is prohibited". What does prohibited mean? If the buyer is prohibited (whatever that means), is that due to a law, maybe one of which a gun seller would need to have awareness? Just curious and asking for a friend who is a potential first time seller and who has no clue.

Example - if the dude causes you to believe that they're mentally defective, or that they're a felon, or they're obviously a user of illegal drugs, etc then you can't legally sell them the gun, because you then open yourself up to criminal and civil liability when they do something retarded and the police wind up in possession of that gun and it gets traced back to you.

We could discuss the moral validity of "prohibited person" status - but until we overturn the plethora of gun laws, legally, there are "prohibited persons" and if you knowingly sell a gun to one, you could wind up in a federal prison and lose your rights to own, possess, or carry a gun.

ZX9RCAM · Jul 8, 2020

You became a member, awesome.....

Glenn B · Jul 8, 2020

Sasquatch said:
Example - if the dude causes you to believe that they're mentally defective, or that they're a felon, or they're obviously a user of illegal drugs, etc then you can't legally sell them the gun, because you then open yourself up to criminal and civil liability when they do something retarded and the police wind up in possession of that gun and it gets traced back to you.

My whole point evidently zoomed way over your head.

Geezer · Jul 8, 2020

A good question to ask, "Are you legally allowed to own a firearm?" If the answer is "Yes.", you're good to continue with the sale. You have attempted to vet the buyer.

Sasquatch · Jul 8, 2020

Glenn B said:
My whole point evidently zoomed way over your head.

I'm always up for enlightenment, and I'm under caffeinated today, so what'd I miss?

The OP sounds like they're new to private transactions, and these are things they should know. Private sales are the way to go where you can do them, but winding up in a federal "pound me in the ass prison" as Tom Dubois calls them is a pitfall if you knowingly sell to the wrong person.

SQLGeek · Jul 8, 2020

Thank you for paying the fee to post your ad instead of spamming us with 25+ useless posts. It is much appreciated. Good luck with your sale!

jordanmills · Jul 8, 2020

seeker_two said:
If you ask for a Bill of Sale, expect to take a lot of flak from here.....

Sent from my SM-G892A using Tapatalk

With good reason. I'm sure several people will be happy to say why and back it with examples if he wants to ask. I'm not going to start that up again though. But I am a BOS convert.

oldag · Jul 9, 2020

jordanmills said:
With good reason. I'm sure several people will be happy to say why and back it with examples if he wants to ask. I'm not going to start that up again though. But I am a BOS convert.

ZMB-KILL · Jul 9, 2020

jordanmills said:
With good reason. I'm sure several people will be happy to say why and back it with examples if he wants to ask. I'm not going to start that up again though. But I am a BOS convert.

So, when you say, "But I am a BOS convert." does that mean you would ask for a BOS when you sell the pistol.

What are your thoughts on both parties going to an FFL and doing the transfer there?

Wouldn't that cover both the Buyer and the Seller and aren't they pretty cheap (~$25)?

ZMB-KILL · Jul 9, 2020

SQLGeek said:
Thank you for paying the fee to post your ad instead of spamming us with 25+ useless posts. It is much appreciated. Good luck with your sale!

No problem at all. I'm a member of several car forums that have the similar 25 posts rule too so I can't stand seeing posts for Hello All!!! 25 times.

Plus $10 per year is a very reasonable fee for being a member.

mitchntx · Jul 9, 2020

Ask to see a DL and LTC.
Look at the license plate of the vehicle they drove up in.

Engage the buyer in conversation ... ask about kids, where they go to school, where he's from, where he works. Don't interrogate, just act interested to know more about the person.

Make a reasonable attempt to find out if the buyer can legally own a gun.

If you are uncomfortable with that, then you should do a transfer at an FFL.

Now ... having said all that ... I have an FN 5.7 in dark earth. Purchased it at a gun show years ago. In the current climate, I would prefer not to any paper trail that leads to my gun safe. Would you consider a like for like trade?

There are maybe 200 rounds through mine.

jordanmills · Jul 9, 2020

ZMB-KILL said:
So, when you say, "But I am a BOS convert." does that mean you would ask for a BOS when you sell the pistol.

What are your thoughts on both parties going to an FFL and doing the transfer there?

Wouldn't that cover both the Buyer and the Seller and aren't they pretty cheap (~$25)?

I would not use a BOS now. I see no way it helps, and plenty of ways that it can be used against you, even if you didn't break the law. Same with going through an FFL - I would only transfer through an FFL where it is required by law (and to be clear, I would always transfer through an FFL where required by law). People have gone to prison for making sales through an FFL even when they and the FFL honestly believed they were doing so completely legally.

Charlie · Jul 9, 2020

And if they have a Texas D.L, they are most likely a resident. If I don't know the person I would be selling to, I just ask to see their picture on a Tex. DL. I don't even look at their name, address, etc.

jordanmills · Jul 9, 2020

Charlie said:
And if they have a Texas D.L, they are most likely a resident. If I don't know the person I would be selling to, I just ask to see their picture on a Tex. DL. I don't even look at their name, address, etc.

Yep. I just want to see "Texas" and their face, and I feel that I've done more than required for residency.

Shady · Jul 9, 2020

According to the law the way it is written if you do not know they are prohibited you are fine to sell to them.

So if you list it and ask no questions of the buyer you can not KNOW he is prohibited so you are fine to sell to him.

You are more than welcome to make it more complex than that.The more complex you make it the smaller your group of buyers become.

some things that prohibit a person

being a felon
being under 18 and buying a handgun from a private party
not being a resident of the state

Thinking about selling a gun with ammo

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