subject: Private Gun Sales: Gun Classifieds Laws and Safety [print this page] Private Gun Sales: Gun Classifieds Laws and Safety
I bought my first gun today from a private seller and, I must say, I was a little worried going outside the conventional gun dealer/sporting goods store. Sure, I've purchased guns before, but I wanted to make sure I protected myself. I didn't want to buy a used gun online, since you can't truly see the condition, in my opinion, in digital photos. So, I pulled up some online gun classifieds and five days later I'm the owner of a used Glock 23, which is in great condition and I saved $75 over what the stores charge for a similar condition used Glock. Plus, no tax, FFL transfer fee, or background charges.
So, I'm writing this article to regurgitate what I've learned about private gun sales to help others in my situation. Private sales are firearm sales by persons other than federally licensed firearms dealers. Private sellers are not subject to federal laws governing licensed dealers. Although the "private sale" loophole is frequently referred to as the "gun show" loophole (because of the particular problems associated with gun shows), it applies to all firearm sales, regardless of where they occur
The Gun Control Act of 1968 provides that persons "engaged in the business" of dealingin firearms must be licensed. Although Congress did not originally define the term "engaged in the business," it did so in 1986 as part of the McClure-Volkmer Act (also known as the "Firearms Owners' Protection Act"). That Act defined the term "engaged in the business," as applied to a firearms dealer, as "a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms."
Significantly, however, the term was defined to exclude a person who "makes occasional sales, exchanges, or purchases of firearms for the enhancement of a personal collection or for a hobby, or who sells all or part of his personal collection of firearms." Consequently, unlicensed sellers may sell firearms without conducting background checks or documenting the transaction in any way. In addition, because federal law does not require private sellers to inspect a buyer's driver's license or any other identification, there is no obligation for such sellers to confirm that a buyer is of legal age to purchase a firearm. As a result, convicted felons, minors and other prohibited purchasers can easily buy guns from unlicensed sellers.
Important steps:
Use a bill of sale
Document IDs
Use a FFL if necessary
Use safety and discretion when meeting a private buyer/seller
Disclaimer: be safe, be smart, and obey your local and federal laws. Good luck!
