Private Sale Rules

[kschuyler]

Guys I want to sell my handgun to a private party in Hudson Wisconsin and I live in MN.
Of course I already have my permit to buy and my CCW. I am not an FFL or a store owner. Just a private citizen and so is my friend the Buyer.

I have a bill of sale prepared but am I required to make sure he has a permit to purchase a gun?
If so...does he need a permit to purchase in MN and in Wisconsin?

He has no criminal record. any advice is appreciated. I want to do this correctly. I called the washington County Sheriffs office and was told all I need is a bill of sale but frankly the gal that answered the phone seemed completely uncertain of her answer.

Thank you.

iamkskyler@gmail.com

[Thunder71]

I'd have his FFL handle it, you have to meet the laws of both states for the transfer.

http://www.civilresponse.net/04/2014/pr ... minnesota/

ATF FAQ
2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. Generally, for a person to lawfully
transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a
Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at http://www.atf.gov and
http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this
prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for
example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is
provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by
intestate succession. This exception would authorize the transfer of a firearm to a nonresident who
inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

[Randygmn]

My first answer is that you need an FFL, but the more I think about it, if you're face to face in Minnesota, you might not.

[Scratch]

I'm an 01 FFL in Hudson. Yes you are legally required to go through a Wisconsin dealer. You need to get the firearm to a dealer somehow, with your drivers license, the dealer will record your info into their bound book.
Then the buyer will need to bring his valid, current drivers license only, nothing else needed, and fill out the 4473. Once he passes the background check, he can take possession on the gun after 48 hours. You both do not need to be there for any of the process other than payment between the two of you.

If for some reason he doesn't pass the BC, you will have to fill out the 4473 and complete a BC to get the firearm back.

Yes it's stupid.

I can handle this if you want. The total cost to me would be 33.00, feel free to split it between the two of you if you want, and call me if you have any questions.

651-436-5337
Steve

[andrewP]

If for some reason he doesn't pass the BC, you will have to fill out the 4473 and complete a BC to get the firearm back.

I'm sure there's a legal/ATF regulations reason why you couldn't do this, but from a purely logical standpoint, why not have the buyer/transferee go through the 4473/background check first, and then if s/he doesn't pass, never even receive the firearm from the seller, thus saving several steps and a bunch of paperwork?

[Scratch]

No it's not logical, but this is the US government we're talking about here.


From what I understand...

Dealers can't just do background checks on someone for no reason. There has to be a firearm in mind in order to start the paperwork. Now I've only had one denial, and no inspections yet, but Ive heard that when you get an inspection, they ask for your denied 4473's, look to see what gun it was for, then ask to see where that gun went. That way they can see if the guy was denied, but his wife ended up buying it, or whatever.

[andrewP]

I guess that makes a government kind of sense, at least. Knew it had to be something along those lines.