gunrunner123 0 Posted October 9, 2007 Report Share Posted October 9, 2007 I have a question if I wanted to sell a shotgun in my homestate of florida and if I find a buyer do I have to do a background check or keep records? I looked thru the laws for florida. They have no registration and no permits to buy. There is no laws that I can find about buying or selling to individuals. What happens if I sell it and they do something illegal with it? Since I bought it from a dealer does it relect on me? What happens if I sell it and dont keep records and then 8 years from now it is used in a crime. Does anyone have any thoughts on this matter? Ken Quote Link to post Share on other sites
wali 0 Posted October 9, 2007 Report Share Posted October 9, 2007 Shouldn't be that different from AZ, since your a private party, you can sell it to someone, and once the gun is out of your hands, its not your problem anymore. Unless they hold the paperwork, it shouldn't, and even then, whipping up a quick bill of sale on a peice of paper should cover you, like I, John Doe, on 10-07-07 am selling a Saiga 12k, serial number XXXXXXX, with 3 five round magazines and a bright pink sling to Jane Doe for $600.00 dollars Have Jane Doe sign it, and I would figure it to cover your ass.. Might wanna hit up a lawyer, or the brady bunch, sure they would love to tell you everything thats wrong with the gun laws in FL so you know what you can do to piss them off. Quote Link to post Share on other sites
kresk 10,063 Posted October 9, 2007 Report Share Posted October 9, 2007 Shouldn't be that different from AZ, since your a private party, you can sell it to someone, and once the gun is out of your hands, its not your problem anymore. Unless they hold the paperwork, it shouldn't, and even then, whipping up a quick bill of sale on a peice of paper should cover you, like I, John Doe, on 10-07-07 am selling a Saiga 12k, serial number XXXXXXX, with 3 five round magazines and a bright pink sling to Jane Doe for $600.00 dollars Have Jane Doe sign it, and I would figure it to cover your ass.. Might wanna hit up a lawyer, or the brady bunch, sure they would love to tell you everything thats wrong with the gun laws in FL so you know what you can do to piss them off. You might also want to request a copy of their driver's license as a photo ID. Quote Link to post Share on other sites
topmaul 42 Posted October 9, 2007 Report Share Posted October 9, 2007 Yes normally exchange drivers license numbers Quote Link to post Share on other sites
Eric Pate 478 Posted October 9, 2007 Report Share Posted October 9, 2007 If you wanted to make it all official you could probably both sign in front of a notary public. A notarized bill of sale would be tough to dispute. Quote Link to post Share on other sites
kmoore 3 Posted October 9, 2007 Report Share Posted October 9, 2007 Federal law allows transfers between individuals. I believe there is some verbiage that indicates you have to reasonably certain that he can recieve it i.e. a resident of FL. So if someone came up to you in a GA vehicle, or looking underage, or in prison garb ... etc it COULD be a sting operation. I've never heard of trouble happening like this. YMMV. Not unusual to request to see a DL, or to request a photocopy. States can add to that, but it sounds like you've done your due dilligence. Fed's aren't supposed to keep the records. FFL's are. But imagine that a gun is committed in a crime and the SN is retrieved. There is no way to know which FFL to ask for the record. Still, it never hurts to keep a record of any sale, just in case the dots are connected, to show that the ownership trail moves beyond you. A handwritten bill of sale, copy of recipients DL, etc can be used to document that. Quote Link to post Share on other sites
ragnarock47 10 Posted October 10, 2007 Report Share Posted October 10, 2007 I went through this about 7 years ago. I spoke with my local police chief, my county sheriffs dept, my states attorney general, and my local ATF bureau. None of them had any definitive answers, and none had the exact same thoughts as any other dept. I simply wrote up a bill of sale like Wali has above, although I added the words "I am legally able to own a firearm in the state of ****" and as also mentioned, I got dude's SS# from his drivers license. Now a days, if the SS# isn't on the drivers license, get the D.L. number and also the date the license expires on the paperwork. C.Y.A. I had two copies of it, we each signed both and away he went. I keep this paperwork with all my other firearm paperwork. I am no legal person by any stretch of the imagination, but I feel that bill of sale should GREATLY minimize any issues if they should ever occur. It may be a bit overkill, but I don't need any more hassles than I normally cause myself Quote Link to post Share on other sites
micah360 6 Posted October 10, 2007 Report Share Posted October 10, 2007 Quote Link to post Share on other sites
gunrunner123 0 Posted October 10, 2007 Author Report Share Posted October 10, 2007 Quote Link to post Share on other sites
acercanto 6 Posted October 10, 2007 Report Share Posted October 10, 2007 On a slightly related note, what kind of papers should one receive when buying a gun at a gun show? All I have in the way of gun papers are 2 scrawled carbon copies of the receipt, no signatures or anything. Nothing very convincing. Would the popo give me a hard time if I couldn't prove I owned any of my rifles? I know the burden of proof is on them to prove I don't, but still... Thoughtfully, Acer Quote Link to post Share on other sites
wali 0 Posted October 10, 2007 Report Share Posted October 10, 2007 (edited) Depending on the state, I would figure thats about it.. I know it is for AZ, you just wander off with a receipt and your shiney boomstick from a gunshow.. Lovely "Gun Show Loophole" the brady bunch likes to whine about. EDIT: Errr.. Any FFL dealer at the gunshow.. private sale, maybe a receipt, never got one for my .22 or my CZ SP-01 and both were private sales. Edited October 10, 2007 by wali Quote Link to post Share on other sites
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