Private Party Sales

[General Disarray]

Sorry if this is the wrong forum for this, but does anyone have a link to the specific statute that dictates what's required of sellers during private sales? I've tried a half dozen variations in the search function, and can't find a thread with the law itself.

Not looking to rehash old discussions; I know about asking for a DL, and asking the "are you allowed to possess..." questions, but is that what the law states, or is that what folks are doing to conform to their interpretation of the law?

Like I said, I get the gist and aren't asking for any further individual interpretations of the statute; I'm looking to read it for myself. Anyone got a link to it?

[rondog]

I'm not sure there actually IS such a thing. I've bought many guns from private sellers, and it always seems up to the individual as to what "requirements" he needs met. Done a few bills of sale, but that's about it. Never had to "prove" anything AFA residency, not a criminal, etc. I think it's mostly about common sense, if a buyer looks like a bad guy, don't sell to him.

[TEAMRICO]

Common sense!
If the guy looks like me I would not sell to him! JK
Shady enough selling guns at the Walgreens parking lot trunk to trunk Miami Vice style!
I have done a couple of sales and FTF buys and never had an issue. Communication and your judgement is key.
If a guy contacted me with an email like claystreetcrip4life@ I would not respond.

Any questions just email me at claystreetcrip4life@...........

[DOC]

atf's website is where I read all the rules regarding private sales outside of an FFL. And no paperwork is required so any questions you ask is up to you. You only have to verify that they live in your state.

[OgenRwot]

Just ask for a CO drivers licence or state ID and you're good to go. Don't sell to anyone under 18 either.

[General Disarray]

Thanks everyone. I'm trying to avoid rehashing the 101 different ways folks do their versions of private sales. I can't seem to find the statute that outlines the law regarding this. Is there one? Anyone got a link?

[Circuits]

There is no link to a law, because such a law doesn't exist. The state generally does not regulate private party sales of anything, be it guns or oranges or cars.

Specific prohibitions exist against a private party sale where the participants made initial contact at a gunshow (requires that a background check be performed through an FFL).

Specific prohibitions exist against possession, purchase by, or sale to a minor.

Your duty, under federal law, is to not knowingly transfer a firearm to a person who is a resident of a state other than your own, or who is a prohibited person. Colorado adds nothing to this legal burden, other than the specific prohibitions above.

[Irving]

Since people in adjacent states can purchase long guns from FFLs across state lines, can you privately sell/buy long gun from a person residing in a state that touches ours?

[rondog]

Since people in adjacent states can purchase long guns from FFLs across state lines, can you privately sell/buy long gun from a person residing in a state that touches ours?

Sure. If you're eating breakfast in a cafe in some other state and spot a bargain rifle or shotgun in the local Pennysaver, you can hurry right over and buy it up, then bring it home with you. Doesn't have to be an adjacent state either. But you CANNOT do this with handguns! You can go see it and buy it from Bubba, but legally it has to be shipped back home to your FFL and processed like any other handgun purchase done online, via auction, or from a private seller.

If you're brave enough to try smuggling a handgun home from another state and you make it home OK, then nobody will ever be the wiser. But if you get stopped for speeding or whatever and you get caught bringing a handgun home across state lines, it'll sure suck to be you.

Which brings up another question - I live in CO, but have a membership at a range in Kansas. Sometimes I get a chance to go shooting when I'm over there on business.

What if I want to take a couple of my handguns with me to that range for some plinking....will I be breaking the law by taking them across state lines? I'm NOT purchasing them, I already own them, but there's no way to prove that I own them since they're not REGISTERED to me or anything like that.

What sez ye? If I can legally take a handgun that I own in CO and go target shooting in another state, and then bring it back home, what's to say that a handgun I just bought in a FTF purchase in another state wasn't a gun that I already owned and just took with me for target shooting? Sure is a blurry grey line there........

[Irving]

That's what I was going to say. There will be no evidence of a gun in your car being from another state, UNLESS it is currently registered in that state. Like you said, heavy gray area. Personally, I don't think most of us would buy an out of state handgun from random bubba anyway.

[rondog]

Personally, I don't think most of us would buy an out of state handgun from random bubba anyway.

Hell, I would if it was one I wanted and for a good price! A private seller is a private seller to me, I don't care if he's a Coloradan or a Texan, or a Kansan, or an Okie. Just seems to me that if I bought a pistol from Ol' Bubba in Texas, for example, with no paper trail, what's to say that I didn't already own that pistol in CO, and just took it with me on my journey in case I got a chance to do some plinking? Or, in my case, to go shooting at a range I'm a member of in another state?

I'm certainly NOT advocating doing this as it's illegal as hell, I'm just asking how can it be proven? Or is it also illegal as hell to take a handgun across state lines on a business/camping/fishing/hunting trip?

I do know for a fact you can't go to a gun shop or other licensed gun dealer in another state and buy a handgun, then walk out the door with it. You can buy it, but it has to be shipped to an FFL where you live and then you have to do the 4473 there to pick it up. Been down that road before.

[Irving]

It'd be proven in court when Bubba turns out to be an ATF agent. That's why I was saying people wouldn't do it. It's not illegal to transport guns across state lines. Even with NFA stuff, you only have to send in a form to let them know you're going on vacation or something. You don't even have to report taking an AOW across state lines.

[rondog]

It'd be proven in court when Bubba turns out to be an ATF agent.

Funny, I stopped to buy a Winchester from a guy in Glenwood Springs once, and he turned out to be an FBI agent! I didn't know this, I just arranged to meet him at his office as it was near I-70. Helluva nice guy, all he asked for was a bill of sale. Nice little Winnie Trapper in .44mag too. Wasn't any different than buying a rifle in a WalMart parking lot, just a little more privacy was all.

He did keep the rifle in his hands and in a rifle case though, until we got to my vehicle and could discretely transfer it into my case. He didn't request or demand this, he just didn't hand it over when I gave him the cash. I noticed that he maintained possession of it, but I didn't say anything because I knew why he did so. His office was in a multi-use office building where everybody there knew he was an FBI agent, but a stranger like me carrying a rifle case around would raise some eyebrows. All was very cool.