Private Sales at gun shows question

[Sky King]

I recently attended a gun show in Memphis. While there I was looking at some guns at a table being displayed as a private collection. Another person was also looking and the exchange that took place surprised me.

The other person who was looking at a gun stated that he did not live in Tennessee, he lived in Mississippi. The seller told him that he could not sell him the gun because he was out of state. I stated to the seller that I was under the understanding that when it comes to private sales, no such restriction existed.

So who is right? Is that to say that if I had a friend or co-worker who was interested in one of my firearms, he or she could not buy it from me if they did not reside in Tennessee?

I thought that when it came to private sales, there was no restriction based on residency and no actual legal requirement for me to check the background of the buyer. I understand that I can not sell to someone if I KNOW that they can not legally own or purchase a firearm either for age reasons or if I am aware that they have certain criminal convictions. But if I do not know the person, I have no obligation to determine their background and I am not restricted from selling the firearm to a person who does not reside in the same state as me.

Am I right or wrong?

[Oh Shoot]

...Am I right or wrong?

Wrong.

You can only legally sell to TN resident, handgun or long gun.

A FFL can sell a long gun to a non-resident, but many won't.

A FFL can only sell a handgun to a resident of TN, or ship it to another FFL in the buyer's home state for transfer there.

True that you do not have to "prove" the residency of your buyer, his age, or whether he is a felon or insane, but only to have no reason to believe anything is wrong. But it's kind of foolish IMHO to not at least ask to see a driver's license to show residency and 18 years old if that is in question. I wouldn't want to stand too firmly on technicality of the law should it be a sting plus anyone who's made an effort to cheat that way, just might be a Very Bad Guy or nuts anyway.

Btw, I met the Sky King in '67 or '68!

- OS

Edited February 4, 2011 by OhShoot
how did I get that smiley in the frigging title?

[DaveTN]

You have a responsibility to check age and state of residency because it is simple to do so. You don’t have the ability to do a criminal background check; so that is not required. However, if you sold to a felon and it can be proven you knew; you would have a problem.

Here is what happened to a guy from Ohio that sold guns in a private sale in Tennessee.

http://www.tngunowners.com/forums/newsworthy-reports/52539-firearms-seller-faces-federal-felony-charges-shelbyville-tn.html

[Sky King]

Wrong.

You can only legally sell to TN resident, handgun or long gun.

A FFL can sell a long gun to a non-resident, but many won't.

A FFL can only sell a handgun to a resident of TN, or ship it to another FFL in the buyer's home state for transfer there.

True that you do not have to "prove" the residency of your buyer, his age, or whether he is a felon or insane, but only to have no reason to believe anything is wrong. But it's kind of foolish IMHO to not at least ask to see a driver's license to show residency and 18 years old if that is in question. I wouldn't want to stand too firmly on technicality of the law should it be a sting plus anyone who's made an effort to cheat that way, just might be a Very Bad Guy or nuts anyway.

Btw, I met the Sky King in '67 or '68!

- OS

Thanks. I don't disagree that one SHOULD at least try to make some determination. I really don't think most legitimate gun owners wish to have their firearms end up in the wrong hands. I just didn't think a private seller had any legal obligation to determine eligability or was prohibited from selling to someone who resides in another state. I did know that it is illegal to sell to anybody you KNOW or have a reasonable suspicion of being inelligable for some reason. Now I know and that is a good thing.

As for the REAL Sky King, I never actually met him but I grew up with a deep interest in aviation and as a kid, I never missed an episode. I was in love with Penny.

Edited February 4, 2011 by Sky King

[Sky King]

You have a responsibility to check age and state of residency because it is simple to do so. You don’t have the ability to do a criminal background check; so that is not required. However, if you sold to a felon and it can be proven you knew; you would have a problem.

Here is what happened to a guy from Ohio that sold guns in a private sale in Tennessee.

http://www.tngunowners.com/forums/newsworthy-reports/52539-firearms-seller-faces-federal-felony-charges-shelbyville-tn.html

Well, again I stand corrected. Isn't the first and I am sure it won't be the last. Thanks for the info. While technically the person in your link is likely the same as any other, he did seem a bit overboard given the quantity of gus. Actually what first struck me as odd was that the seller did not have an immediate response when questioned about the guns he wanted to sell. That kind of made me think that they may not have actually been his guns to sell. Also I would have thought it would have been different because the seller actually transported the firearms across state lines to complete the transaction.

I guess that the setting of a private seller at a gunshow would not have any problem selling to a person who just walks by his table and says. "I'll take that one", drops the agreed cash on the table and walks away.

In any case, if all you wanted to do was to dispose of firearms, the best thing would be to put them with a licensed dealer on consignment. Most of the gun shops I have been in accept guns on consignment. Being sold through a licensed dealer, the ususal background checks are done as with any firearms transaction at a licensed dealer. That way at least your butt is covered if there was ever a question.

Again, now I know.

Edited February 4, 2011 by Sky King

[Guest don_m]

In any case, if all you wanted to do was to dispose of firearms, the best thing would be to put them with a licensed dealer on consignment. Most of the gun shops I have been in accept guns on consignment. Being sold through a licensed dealer, the usual background checks are done as with any firearms transaction at a licensed dealer. That way at least your butt is covered if there was ever a question.

It's also worth noting that once the shop accepts the gun for consignment, if it doesn't sell or you change your mind they will have to perform a background check on you before they give it back.