Private handgun sales

[carl_g 568]

It's pretty simple actually. The buyer needs a current permit to purchase a pistol. Most sellers require the purchaser to bring their driver's license and their FID card.

Meet at a range, verify everything matches, fill out the P2P form. Buyers gets a copy, seller retains a copy, one copy gets mailed to the State police, the other gets mailed to the buyers local PD(seller's responsibility). That's about it.

[SIGMan Freud 93]

Sorry, I know this is an old thread, but I couldn't find a newer one...

I'm going to sell my 9mm Wilson Combat X-tac and was thinking about a consignment sale, but many folks recommend a face-to-face private transaction. Can I really sell privately without an FFL? I understand the purchaser should have a valid P2P, FID and photo ID, but I don't get why a handgun purchase from a store requires all of the above PLUS a NICS check, but a private sale can be done without the "instant" check.  Is this the famous gun-show loophole?  

[GRIZ 3,369]

No NICS in a private sale as only FFLS have access to NICS.  FFLS have to do NICS as its a federal requirement.

.P2P and photo ID only requirements for a private sale. You can add a requirement for the buyer to wear a purple hat with a yellow feather if you want.

"Gun show loophole" is in most states that don't require a P2P or ID card a private sale at a gun show is treated like a private sake anywhere in the state. This is states like AZ, WY, FL, etc where a private handgun sale is like buying a shovel.

There really is no "gun show loophole" as the transaction is the same as if the parties did it outside of a gun show. Some states, like CO, have a NICS desk and require all transactions to have a NICS.  FFLS have to do NICS no matter where they are transferring a gun, unless it's to another FFL.

[SIGMan Freud 93]

Thanks! Last thing I want to do is run afoul of a NJ gun law. I'm surprised the geniuses in the NJ legislature haven't made NICS a requirement for all sales, private or through a dealer (effectively shutting down private sales). 

Now I have to figure out a payment option. For a $500 gun, I'd say cash only, but a $3000 gun? Not sure. Paypal?

[GRIZ 3,369]

23 minutes ago, SIGMan Freud said:

Thanks! Last thing I want to do is run afoul of a NJ gun law. I'm surprised the geniuses in the NJ legislature haven't made NICS a requirement for all sales, private or through a dealer (effectively shutting down private sales). 

Now I have to figure out a payment option. For a $500 gun, I'd say cash only, but a $3000 gun? Not sure. Paypal?

IIRC, PA requires handgun transfers to anyone not in your immediate family to be done at a FFL including a NICS.  I think in PA NICS is only $5.   NICS fees are not kept kept by the dealer but go to the state.  NJ uses FFLS to act as unreimbursed agents to collect NICS. Just like merchants have to collect sales tax.  That's why if you go to a place like Dick's they want you to pay for the NICS before they run it.  FFLS get billed for the NICS whether you pass or fail.

NICS is free in some states.

[jackandjill 683]

On 6/10/2017 at 1:35 PM, SIGMan Freud said:

Thanks! Last thing I want to do is run afoul of a NJ gun law. I'm surprised the geniuses in the NJ legislature haven't made NICS a requirement for all sales, private or through a dealer (effectively shutting down private sales). 

Now I have to figure out a payment option. For a $500 gun, I'd say cash only, but a $3000 gun? Not sure. Paypal?

I have done bunch of private handgun transactions F2F. There is no loophole and no NJ law to run afoul of. Process of obtaining a pistol permit ALREADY includes a comprehensive background check, including reference checks, backed in "waiting period" etc. And those permits expire. 

If there is a loophole, thats in how State Of NJ takes your money for a Pistol Permit, background checks ($22+) AND again at the FFL for NICS ($20+).  

Why paypal ? Depending on demand, people will pay cash, do transaction on your driveway / garage and enjoy. 

[DeletePLS 178]

On 6/10/2017 at 1:35 PM, SIGMan Freud said:

Thanks! Last thing I want to do is run afoul of a NJ gun law. I'm surprised the geniuses in the NJ legislature haven't made NICS a requirement for all sales, private or through a dealer (effectively shutting down private sales). 

Now I have to figure out a payment option. For a $500 gun, I'd say cash only, but a $3000 gun? Not sure. Paypal?

stick with cash only.  trust me if someone wants it they will have no problem coming up with 3k cash, the purple hat and a yellow feather.

[GRIZ 3,369]

2 hours ago, PatrolEyes said:

I agree, cash only.  Most used cars are privately sold for cash.  Those don't require police visits or background checks. 

Imagine a bounced check, and for whatever reason you never receive payment.  I'm not sure that it's legally possible to revoke the sale, ie cancel the P2P. 

I would never use Paypal for firearms, or anything else for that matter.  They charge you a withdraw fee, even if you pay with a certified bank check.  No thank you sir, my cash money has already been taxed at least three times. 

Paypal does not allow firearm, parts, or ammunition sales using their site.  It's strictly forbidden, see their own site: https://www.paypal.com/us/selfhelp/article/What-is-PayPal’s-policy-on-transactions-that-involve-firearms-FAQ585

Paypal is based in California.  Clearly anti gun, good luck disputing any PayPal account terminations or violations in Cali court.  I avoid Cali and Paypal whenever possible, especially when it comes to firearms and my hard earned money. 

 

 

If someone gave you a rubber check to buy a gun it would be easy to find him unless he used phony documents. Signing a complaint for theft by deception would get your gun back but only after the court case was over.