Selling Gun Question

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Selling Gun Question

Postby BrianG34 on Tue Nov 12, 2013 1:46 pm

I have a question about selling a gun. Is it pretty straight forward, I put a price out there and sell it? I plan on asking to see a permit to purchase or carry, but do people generally write a contract or something as proof they sold the gun to another individual or is that not normal? Sorry for the basic questions, I am just trying to find out because I do not want to go about selling a gun and getting in trouble if there are any MN laws that I do not know of. So I guess another way to put it is, what steps do you generally take to sell a handgun from one individual to another? Thank you.
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Re: Selling Gun Question

Postby photogpat on Tue Nov 12, 2013 1:49 pm

I always ask to see a MN ID and a matching Permit to Purchase or Carry. I also do a simple bill of sale with a copy for both parties.

Covers your bases to prevent selling to a prohibited person, a minor, a non-MN resident, and in the event the person misuses the purchase and/or it shows up at a crime scene at some point in the future - you have a chain of custody to show, etc... IANAL, YMMV, etc...
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Re: Selling Gun Question

Postby BrianG34 on Tue Nov 12, 2013 1:57 pm

photogpat wrote:I always ask to see a MN ID and a matching Permit to Purchase or Carry. I also do a simple bill of sale with a copy for both parties.

Covers your bases to prevent selling to a prohibited person, a minor, a non-MN resident, and in the event the person misuses the purchase and/or it shows up at a crime scene at some point in the future - you have a chain of custody to show, etc... IANAL, YMMV, etc...


Ok thank you. So, overall it is not a crazy process or anything too difficult. Thanks!
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Re: Selling Gun Question

Postby photogpat on Tue Nov 12, 2013 2:08 pm

BrianG34 wrote:
photogpat wrote:I always ask to see a MN ID and a matching Permit to Purchase or Carry. I also do a simple bill of sale with a copy for both parties.

Covers your bases to prevent selling to a prohibited person, a minor, a non-MN resident, and in the event the person misuses the purchase and/or it shows up at a crime scene at some point in the future - you have a chain of custody to show, etc... IANAL, YMMV, etc...


Ok thank you. So, overall it is not a crazy process or anything too difficult. Thanks!


Obtaining the permits can be crazy sometime, as evidenced by the stories on this board. My process is mainly a CYA on my part even though its not technically a legal requirement.

I'm sure someone will be along directly to tell you that none of that is legally necessary for a private sale - that's true. I prefer to avoid the potential headache later.
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Re: Selling Gun Question

Postby 45Badger on Tue Nov 12, 2013 4:26 pm

photogpat wrote:
I'm sure someone will be along directly to tell you that none of that is legally necessary for a private sale - that's true. I prefer to avoid the potential headache later.


I'm here. All that is legally necessary is for you to determine that-

1) you are both MN residents (a quick peek at DL covers that)
2) buyer is 18 or older (same DL tells you this)
3) buyer is not prohibited from possessing or taking possession of the gun. You do this by asking, "Is there any legal reason you cannot possess or take possession of a firearm?" If the answer is no and you have no sound, good, or reasonable reason to believe otherwise, you are good to go. When I'm feeling witty, I ask buyer if they are an alcoholic drug addicted, wife-beating, illegally immigrated, dishonorably discharged, citizenship denouncing felon. It's over-kill, but pretty much covers the bases 8-)

That's all you need to do to stay within the spirit and letter of the law. Anything else is Minnesota nice worry-wort feel good and comfy stuff.
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Re: Selling Gun Question

Postby dcam on Tue Nov 12, 2013 6:06 pm

What are you selling? Get that ad posted! sheeeesh. :)
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Re: Selling Gun Question

Postby ttousi on Tue Nov 12, 2013 6:10 pm

The reference section of this forum has a host of good info and forms in many cases

viewtopic.php?f=35&t=11498
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Re: Selling Gun Question

Postby dupa on Tue Nov 12, 2013 10:55 pm

I always like to meet the person at a gun range, to conduct the transaction. mostly because I don't want some fruit coming to my house.. or end up meeting in a dark alley somewhere. and asking to see a drivers license/permit would weed out some of the scammers who may back out if asked before hand.
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Postby IDPA Shooter on Tue Nov 12, 2013 11:02 pm

If the gun range is also an FFL they have or could have an issue. Gun sales on their licensed premises are required to be handled by them. Easy workaround is to meet and size them up inside and them go outside to do the transaction.

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Last edited by IDPA Shooter on Wed Nov 13, 2013 10:51 am, edited 1 time in total.
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Re: Selling Gun Question

Postby Nougat on Wed Nov 13, 2013 5:01 am

45Badger wrote:
photogpat wrote:
I'm sure someone will be along directly to tell you that none of that is legally necessary for a private sale - that's true. I prefer to avoid the potential headache later.


I'm here. All that is legally necessary is for you to determine that-

1) you are both MN residents (a quick peek at DL covers that)
2) buyer is 18 or older (same DL tells you this)
3) buyer is not prohibited from possessing or taking possession of the gun. You do this by asking, "Is there any legal reason you cannot possess or take possession of a firearm?" If the answer is no and you have no sound, good, or reasonable reason to believe otherwise, you are good to go. When I'm feeling witty, I ask buyer if they are an alcoholic drug addicted, wife-beating, illegally immigrated, dishonorably discharged, citizenship denouncing felon. It's over-kill, but pretty much covers the bases 8-)

That's all you need to do to stay within the spirit and letter of the law. Anything else is Minnesota nice worry-wort feel good and comfy stuff.


you forgot gang affiated and don't we need to be 21 to buy pistols?

is there an exeption/workaround that lets someone less than 21 get a .410 pistol or something like that though?
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Re: Selling Gun Question

Postby BrianG34 on Wed Nov 13, 2013 8:13 am

dcam wrote:What are you selling? Get that ad posted! sheeeesh. :)


HAHA will post later today. I am selling a walther PPK!
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Re: Selling Gun Question

Postby ex-LT on Wed Nov 13, 2013 8:20 am

Nougat wrote:don't we need to be 21 to buy pistols?

Ah, you found the Catch-22. You can legally possess and/or own a handgun at 18. However, to get a PTP/PTC, you must be 21 (yeah, yeah, I know you can get a "limited" PTP at 18 that will allow you to purchase an EBR). Also, to purchase from an FFL, you must be 21+. However, to purchase from a private party, one need only be 18.
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