Selling Firearms

Status
Not open for further replies.
T

The_Armed_Therapist

Member
Joined
Oct 30, 2006
Messages
1,138
Location
Obsession, Guntopia, USA
I'm looking to sell some things, but I'm really not well-versed in neither the pragmatics of accomplishing this or the legal issues.

What would I need to do to sell a firearm online? Would I need to send the gun to an FFL licensee? Would they need to complete the background check? If they don't pass, are they still supposed to pay me?

What other venues are available for selling firearms?

Anything you guys/gals can think of that I left out will also be appreciated!

Kellen
 
Firearms must always be shipped to an FFL dealer in the state in which the buyer resides. It is that dealer who processes the 4473 (transfer) paperwork.
You don't ship until you have payment from the buyer and a copy of the receiving dealers FFL license.
You can sell privately to people in your state, if state laws permit. You should then at least transfer ownership with a signed bill of sale.

If you have a few to sell you can sign up on places like Gunbroker or Auction Arms and do a listing for the guns (the two mentioned are auction sites). If your unshure about rules, a web site like Gunbroker has a section you can read that applies to selling and shipping firearms. That is available whether you are signd up or not.

Some decide to sell them off forums like this one . The Federal and State rules still apply so you will need to learn a little about them.
 
Remember hand guns have to go through common carrier like UPS while long guns can go through the mail.

Sent from my LG-P999 using Tapatalk
 
mnrivrat said:
Firearms must always be shipped to an FFL dealer in the state in which the buyer resides.
Click to expand...

Not true at all.

If I sell the firearm to a resident of the same state that I am located in, what law (Washington state and many others) prevents me from shipping the firearm directly to the seller? If I sell a rifle to a Wyoming resident who lives on the Wyoming/Montana border, and the FFL nearest to them is in Montana instead of Wyoming, what law prevents me from shipping the rifle to the Montana FFL for transfer to the Wyoming resident?

FreedomFreak said:
What would I need to do to sell a firearm online?
Click to expand...

Nobody can give you an accurate answer without knowing what state you reside in.
 
Last edited:
FreedomFreak said:
I'm in Ohio.
Click to expand...

To the best of my knowledge, then, the only extra requirement you have in Ohio law beyond Federal law is that you cannot legally sell a handgun to a person who is under 21. So....

What would I need to do to sell a firearm online?
Click to expand...

Post an ad, or offer it for auction on a site such as Gunbroker.

Would I need to send the gun to an FFL licensee?
Click to expand...

Only required by law if the buyer is not a resident of Ohio.

Would they need to complete the background check?
Click to expand...

If the gun is shipped to an FFL, the receiving FFL completes the background check. If you sell the gun directly to another Ohio resident, without a transferring FFL, you are not required to do a background check. You are only required to not know or have reasonable cause to believe the person is not a prohibited person, such as a felon, domestic violence, restraining order, not an Ohio resident, etc.

If they don't pass, are they still supposed to pay me?
Click to expand...

Yep. It's not your fault they didn't pass the background check.

What other venues are available for selling firearms?
Click to expand...

Ad in the local newspaper. Yard sales. Consignment with a local gun shop.
 
I would also spend some time on the auction sites and see what the sold for price actually was and use that as a guide for pricing them to sell before you list them for sale anywhere. Also keep in mind that a gun or pawn shop will have to make a profit and will only offer you 50% of retail at best if you were to sell them the firearms. You get more with a consignment deal.
 
I would try to sell locally first through a local newspaper ad or via a forum that is specifically related to your state so that hopefully you can do a face to face sale. You might be able to sell outside a local gun show if it is permitted. Then consider GunBroker or the national forums like THR.
 
For sale listings may also be posted on some internet classified websites like backpage.com that have listings for specific states/cities. But caution is advised.
 
Shipping

How much does it cost to ship a handgun? Years ago I shipped a Ruger Old Army with UPS and I Swear it was like $60. However, recently, I sent in a Kel-Tec and they told me to ship it as "machine parts" and that was only like $17.
 
How much does it cost to ship a handgun? Years ago I shipped a Ruger Old Army with UPS and I Swear it was like $60. However, recently, I sent in a Kel-Tec and they told me to ship it as "machine parts" and that was only like $17.
Click to expand...

Was Kel-Tec planing on paying f the gun was 'lost'?

The carrier will not be paying since you violated the terms of carriage by not telling them what was in the package.
 
What has worked for me (4x now) is to list the firearm on forum so it sells face to face locally. Very simple. I just make sure they are a resident of my state and that I have no reason to believe they are a prohibited person
 
So Brickeyee, was shipping that gun as "machine parts" illegal or was it just risky? I really don't know... I see all the time that shipping is $15-$25 on websites like Gunbroker.com. Is shipping them as "machine parts" their method of doing it? Or, do they actually take a partial hit on shipping?
 
FreedomFreak said:
So Brickeyee, was shipping that gun as "machine parts" illegal or was it just risky?
Click to expand...

It depends on who you are shipping it to and what states are involved.

18 USC 922 (e):

(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.
Click to expand...
 
NavyLCDR posted the law, but if it was going to Kel-Tec it was just risky.

Kel-Tec has an FFL, so the law does not require you to notify the shipper, just the shippers contract of carriage requires you to declare.
 
I see all the time that shipping is $15-$25 on websites like Gunbroker.com.
Click to expand...
They are using USPS...which an FFL can do, but a private citizen cannot.

Check and see if your state has a CHL/CCW/CCP/call-it-what-you-will webiste. We have TXCHLForum.com.

I do most of my buying and selling FTF with members of that site. Meet at what you deem a "safe", neutral location (I usually pick a gun shop or gun show). Show him your CHL, he shows you his.

Exchange goods, go on about your business.
 
I've had success selling on consignment through my local gun shop/range. They take 15%. I have no hassles. No shipping charge, no FFL. Just showed up a couple of weeks later and picked up my money.
 
That's why I love living in Arizona, no muss, no fuss.
Click to expand...

The same shipping rules apply everywhere since they are a combination of federal law and the national shippers policies.

If you stay in state, the federal rules do not come into play, but the shippers policies still apply.

.
 
Status
Not open for further replies.
Back
Top