Guidance on personal sale of handgun

[MikeM]

What is actually required to transfer ownership of a gun that was bought from a vendor and I presume registered to an individual's name?
Thanks and God Bless America!!

[BobCat]

When you bought it from an FFL (shop), you filled out a Federal Form 4473, which the seller has to keep (for 20 years I think). That is the only way the gun is "registered" to you.

You are free to sell the gun later if you wish, with certain caveats. You can't sell it to someone you know is a "prohibited person", or from out-of-state, or for some reason unable to legally purchase it - more on the ATF web site, and folks on this Forum will provide more details too.

With that said, I would not sell a gun to anyone I did not know pretty well. If it winds up being used in a crime, and linked to the crime, the police will ask the manufacturer who (what FFL) it originally was sold to (based on serial number). That leads to your FFL you bought the gun from, the 4473 you filled out, and your name. The police come to see you - and you tell them you sold the gun back in 2010. That should be the end of it, but I have no first-hand knowledge or experience. I would be upset by a visit from the police since I am careful not to be a lawbreaker.

Hang on, people who know more than I do will be here shortly with answers.

Regards,
Andrew

[rm9792]

What is actually required to transfer ownership of a gun that was bought from a vendor and I presume registered to an individual's name?
Thanks and God Bless America!!

Well, first off dont say the dirty "R" word around here. We dont have registration in Texas. Andrew was absolutely correct, the trail ends at the first buyer usually. The most that can happen isthe ATF shows at you door, sans warrant, and asks where it is. You politely say it was sold, dont remember who and to buzz off. As soon as you leave the seller it is yours to sell, keep, give away or throw in the ocean. I bought an underfolder AK clone at a show one time and as I was walking around a guy offered $200 more than I paid for it out of the blue ( I got a real good deal from the dealer I got it from) so said "ID? here, thanks, bye".

[jester]

What is actually required to transfer ownership of a gun

Usually it's simply cash and intent. The cash is optional. For example, if it's a gift.

[BobCat]

They are both right but I ought to add that some people will tell you that your should ask for ID (as rm9792 said) to make sure who it is that you're selling to.

Some will suggest you also make a bill-of-sale - two copies so both of you have "paperwork" to "prove" who you sold it to, who he bought it from. This is not legally mandatory and many people will tell you it is a foolish waste of time.

If something about the sale bothers you, pass. Not for legal reasons, just for your own comfort.

Some people on this Forum say that if the buyer can show a CHL, they will sell to that person (whether or not they write anything down), since the CHL indicates that the holder is not in any trouble with the law.

Regards,
Andrew

[RECIT]

Cash exchange and a hand shake is the way I have done it. And I usually ask to see at least a Texas ID. No ID or out of state ID gets no guns from me. Other than that is is the buyers responsibility to ensure they are legal to own the gun. You as a person do not have the ability to perform a background check and make sure they are not a felon, that is the buyers responsibility. If you have ever looked on gun broker they always have a disclaimer at the bottom of an ad that states its not the sellers issue if you can't legally own the firearm but you have purchased it anyway.

Example: if a pistol with high cap mags is shipped to a state with the restriction-the seller will still cash the check, money order, take CC payment and the buyer is screwed for lack of better terms. He did not read his laws but the seller was legal to make the sale.
Example:if a buyer purchases a pistol online and its received by his FFL, buyer goes to pick up pistol and can not pass background for whatever reason-its not the sellers problem the buyer does not qualify.

[bayouhazard]

Don't sell to someone who is obviously drunk or a child. PC 46.06.

[The Annoyed Man]

What is actually required to transfer ownership of a gun that was bought from a vendor and I presume registered to an individual's name?

Well, the first thing that is required is that you store it with me, pending the completion of the transaction. Then, if I feel like it, I give it to the guy you sold it too.

[mctowalot]

Don't sell to someone who is obviously drunk or a child. PC 46.06.

Never, ever, sell to a drunk child!

[bizarrenormality]

Cash only.

[Mike1951]

I'll just add that whatever your level of comfort is, i.e., bills of sale, driver's license, CHL, that you and any prospective buyer discuss this by phone or email before any meeting.

No one likes surprises. Deals have fallen through when one party unexpectedly insists on something the other party objects to.

[MikeM]

Thanks for the guidance!