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Private gun sale question

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jaytex1969
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Private gun sale question

#1 Post by jaytex1969 » Thu Nov 30, 2017 3:16 pm

Hello, all.

I've posted a rifle for sale locally.

I got a reply from someone saying that his "best friend's girlfriend wants to buy it for her boyfriend for Christmas." This was the first contact with me, not even after some exchange.

I rarely sell firearms and I do my best to do a proper job of it.

This seems like a case of "too much info". My gut says straw purchase or sting. How would you handle this?


Thanks.
Jay

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Re: Private gun sale question

#2 Post by VMASCIOP2000 » Thu Nov 30, 2017 3:58 pm

That is interesting. I assume you are not a dealer. First my gut says that no law enforcement agency in the Austin Texas area would waste time and man hours (money) on a sting to catch one private party selling one gun to one other private party.
That being said, If it was my situation to handle, I would tell whoever plans to hand over the cash, that I only sell to the end user and thank him for his interest. He will either" decide" he is going to be the end user or he will be past over for the sale. This time of year I am sure hundreds of buyers, nation wide, will purchase a rifle as a gift for a relative/ girl friend/boy friend. I know exactly nothing about Austin gun sale laws, especially within the city limits. Local ordinances may be very strict inside the city. I would do any deal outside the city limits of any major U.S.A. city.
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jaytex1969
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Re: Private gun sale question

#3 Post by jaytex1969 » Thu Nov 30, 2017 4:10 pm

Thanks for the reply.

I am not a dealer. I know of no local laws that supersede federal. I just want to learn if any transaction of this sort could/would be viewed as a violation of federal "straw purchase" restrictions.

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Re: Private gun sale question

#4 Post by Ghoulardi » Thu Nov 30, 2017 4:30 pm

I've sold very few firearms over the years, less them 5, locally. the way I handle it is I annotate for myself, make, model, serial number and caliber of the firearm I sold along with the name and address of the buyer I sold it to, from their DL. and check carefully if they are the legal age to own a firearm, 18 for rifles, shotguns 21 for handguns

I can imagine that I'm probably the very few people that do that for a private sale, most just take a quick glance, then do the transaction. I do that to cover my butt
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Re: Private gun sale question

#5 Post by Tommy Atkins » Thu Nov 30, 2017 5:15 pm

AFAIK you can't straw purchase for a spouse when its declared as gift. I came across this some years a go when my wife wanted to surprise me. Girlfriend of a friend seems to be stretching that a long way.

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Re: Private gun sale question

#6 Post by Reverend Mauser » Fri Dec 01, 2017 12:06 pm

What you're describing could well be a straw purchase.

A safe option--you can make a verbal agreement on the deal, but have the final recipient do a transfer with you through an FFl so there is a background check. Maybe split the cost of the transfer fee or even pay the fee yourself. If she wants, some nice photos of the gun can be put in a Christmas stocking so it has the "look what Santa brought me" element.

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They didn't exactly teach me this in seminary, but my suggestion for an Eleventh Commandment is "Thou shalt cover thy butt most carefully." That definitely applies with guns.

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Re: Private gun sale question

#7 Post by dynachrome » Fri Dec 01, 2017 9:48 pm

See a drivers license of the one purchasing the weapon, at least. Make a copy. A legitimate purchaser will have no problem with it.
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Re: Private gun sale question

#8 Post by 72 usmc » Fri Dec 01, 2017 11:29 pm

In WI when I do a private sale I get the buyers name, address and DL number, (must be a state resident) and have a statement they sign that they are the buyer and they are indicating that they are not a felon and have no domestic dispute charges and can legal purchase the gun. YOU both sign and get a copy. Have a description of the rifle with its serial # or in some cases all serial numbers on the sheet. Then its sold and the buyer can re sell, give it away, use it for parts or keep it as his or her gun till they sell it. Only take cash. If the buyer does not want to go through the process I do not sell it to him or her. If the buyer is a C & R I get a photo copy of that too. He or she will need your info for their book. Or you can have an FFL handle the sale, but that adds about $50-75. Any of my pistols purchased in my name I only sell to a FFl dealer and get about 50% value, but for me its worth it. I do not want a pistol sold to a private party that was in my name. Peace of mind is worth it to me. It goes down in the dealers books and he does a background check when he sells it so its out of my hands.
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