Person to Person sales

[Hoopie]

I live in Ohio and i'd like to sell a pistol to someone at work. We both have to maintain clean backgrounds to keep our jobs, so neither of us have any kind of criminal record. The pistol is registered to me. What do i need to do to keep myself legally sound when i sell it to him?

 

[Linda]

Do a transfer thru an FFL. It gets your name off the firearm. Otherwise, write up a bill of sale, and don't lose it.

Are you in central OH?

 

[nalioth]

They have gun registration in Ohio now, or are you confusing the 4473 for "registration" (which it's not)?

Under Federal law, once you get the firearm (from wherever), it is just another piece of property (like a steam iron or drill press). Under federal law, you can give it to the first person you see wearing purple, you can trade it for a paint job for the house, or anything else you wish.

Check your local and state laws for your own situation.

 

[NGIB]

It varies from state to state for sure. In Georgia all I need to do is establish they are a Georgia resident and of legal age and the sale is valid and legal. Other states, California comes to mind, actually register the guns to the owner through some state laws and paperwork so more must be done to legally sell...

 

[Hoopie]

I'm about a half hour southwest of Cleveland. Are there usually fees involved buy doing a transfer through and FFL?

 

[Ratzinger_p38]

Hoopie, no you dont need to do anything special here in Ohio. IIRC, the law says you cannot sell to someone who you know to be a crook. For handguns, they have to be a resident of the state of Ohio.

There is no Ohio gun registry, except for the one from Class 3s.

"getting your name off the gun" is a preference really, if you want to cover your butt go ahead but IMO it is not a necessity, unless you dont know the person youre selling to very well.

 

[Oro]

Federal law states for a handgun, you need to transfer it to an in-state person (resident, not just standing in front of you), and to whom you have no reason to believe is barred from owning it (under age, felon w/o rights, etc). You don't have to do a background check, just have no reason to believe them to be barred.

Some states have more heinous infringements on that, but they are well-known anti-gun places like NYC, etc. If you fellow state residents tell you there's no additional burden, then just go ahead.

There are fees for the FFL transfer, usually $20 to $60, unless you have a friend who does it for free.

 

[Kentak]

I don't know what you mean by the gun is "registered" to you. Ohio does not have gun registration. You probably mean you are the original owner and the sale from a licensed gun dealer was recorded on form 4473. However, that is not registration, and it is not like the title to a car that links you to ownership until you transfer it to someone else.

I would simply write up a bill of sale which has a description of the gun and its SN. Each of you should keep a signed and dated copy.

That's really all you need to do.

K

 

[Hoopie]

Thanks for your input, yeah i thought that when i bought the pistol from a shop and they did all the paperwork it was registered to me and would always have my name on it until paperwork was done to transfer it to someone else. It sounds as if the paperwork and phone call are just to make sure you're not a criminal? I just don't understand the legal processes yet.

 

[kingpin008]

Correct - the paperwork that you fill out at the shop (the 4473) is simply a Federal affadavit where you affirm that you're not crazy, a drunkard, or a criminal. It's got nothing to do with registration. As long as you follow the laws of your state in regards to FTF (face to face) transfers, you're good to go.

 

[NavyLCDR]

I write my own bills of sale. One says, Joe Schmuck has received on 1 April 2008 one Mosin Nagant serial number xxx from NavyLT for the purchase price of $6,000. Joe Schmuck signs that one and I keep it. I give him one that says, NavyLT has received on 1 April $6,000 from Joe Schmuck for the purchase of one Mosin Nagant serial number XXX. I sign that one and give it to Joe. He's got a valid receipt for his money, and I've got a valid receipt stating he received the gun. That "takes your name" off the gun and is a legal document in any court, even if written up by yourself on a barroom napkin, as long as it is signed.