What is the proper way to privately buy firearms?

[gregintenn]

 

What is the proper way to privately buy firearms?

Short answer. You hand me the money, and I hand you the firearm. If I do not know you to be a felon, and the gun isn't stolen, and assuming we are both of legal age, we've pretty much covered the legal bases.

[Clod Stomper]

Short answer. You hand me the money, and I hand you the firearm. If I do not know you to be a felon, and the gun isn't stolen, and assuming we are both of legal age, we've pretty much covered the legal bases.

 

Yep.  EXCEPT...

 

and the gun isn't stolen AS FAR AS I KNOW,

 

 

The only small correction I can see.

 

Am I right O.S.?

Edited August 23, 2014 by Clod Stomper

[Oh Shoot]

Yep.  EXCEPT...

 

 

The only small correction I can see.

 

Am I right O.S.?

 

Yeah, statute says only if "knowing or having reasonable cause to believe" it is stolen.

 

About the only way a sting can work on a buyer, like "hey I've got this great .357 heater, pretty sure it was stolen, so I can make you a great deal on it!"

 

- OS

Edited August 23, 2014 by Oh Shoot

[monkeylizard]

I'll take it. PM Sent.

[chances R]

What about if you have an aunt in Georgia who may decide some day to let you "have" your late uncles L.C. Smith double? I always thought it would have to go to an FFL dealer and cost some money for a legal transfer to Tennessee. It also would be a gift, not a sale if it did happen.

 

If I am not mistaken, long guns are different, especially in contiguous states.

[JayC]

That is via an FFL, not via a private sale.

 

If I am not mistaken, long guns are different, especially in contiguous states.

[bersaguy]

Not sure but back in some of the posts I read that he gave them to his father. I think a great deal of all of that depends on timing as I think one person mentioned. If in deed he gave and his father took possession of said firearms before his trial and conviction, Then the firearms legally belong to his father because he is presumed Innocent until proven guilty in a court of law. Meaning he no longer had them and if father got guns before court conviction. his father can legally sell them because they are his to do with as he pleases in a legal way. ...................jmho

[Oh Shoot]

If I am not mistaken, long guns are different, especially in contiguous states.

That is via an FFL, not via a private sale.

 
Yup. Laws regarding private transfer same for any firearm. And the contiguous state thing are laws enacted by a few states regarding purchase of long guns from FFL, not federal law.
 
- OS

Edited August 23, 2014 by Oh Shoot

[DaveTN]

And the contiguous state thing are laws enacted by a few states regarding purchase of long guns from FFL, not federal law.
 
- OS

So some states just decided to allow long gun purchases from FFL’s by people from neighboring states with no federal law covering it?

[Oh Shoot]

So some states just decided to allow long gun purchases from FFL’s by people from neighboring states with no federal law covering it?

 

That is correct. If you haven't noticed, there are thousands of state firearm laws that are stricter than federal ones.

 

And very few have ever been overturned. State laws simply can't be more lax than federal ones, but stricter for the most part has been fine.

 

- OS

Edited August 23, 2014 by Oh Shoot

[Q-tip]

I'm personally not a fan of bills of sale. Too much paperwork. 

 

I do always exchange ID's/HCP's with whoever I'm making the transaction with so we both know age and residence. 

 

As for the felon thing, I've always been under the impression that it doesn't matter if a felon owns a gun or not, he just can't possess it. In other words, if someone is convicted of a felony charge, the father could go (with the felon's permission) to his house and get the guns while he is in jail. Of course convicted felons can't purchase guns after the fact.

[K191145]

Not sure but back in some of the posts I read that he gave them to his father. I think a great deal of all of that depends on timing as I think one person mentioned. If in deed he gave and his father took possession of said firearms before his trial and conviction, Then the firearms legally belong to his father because he is presumed Innocent until proven guilty in a court of law. Meaning he no longer had them and if father got guns before court conviction. his father can legally sell them because they are his to do with as he pleases in a legal way. ...................jmho

 

What else would a new felon do with his guns since he can't own them anymore? The court just says he can't own or possess any firearms, they don't have the police search his home and seize them so he has to have someone take possession of them.

[McGarrett]

 [quote name="Garufa" post="1182369" timestamp="1408754917"]
What if someone's crazy uncle gave a pistol to some cousin in Mississippi in 1962 and said cousin then sold it to a friend back in Tennessee a few years later then friend's sole heir who lived in Alabama took it home then sold it at a gun show, online or to another friend?
 
Just want to make sure you guys cover all the bases.

Do you have documentation on the mental issues of the uncle?

Edit: I don't know what's up with my computer tonight. Chat was acting up and look at the quote above. Edited August 30, 2014 by McGarrett

[chances R]

So, basically, as a TN resident, one cannot acquire a handgun from a buy, sell, or trade from out-of-state unless it goes thru a FFL ?

[JayC]

Limited exceptions for estates of family members.  There are legal ways for you to inherit your grandfathers firearms even if he lived out of state without going through an FFL...  obviously state laws also apply.

 

 

So, basically, as a TN resident, one cannot acquire a handgun from a buy, sell, or trade from out-of-state unless it goes thru a FFL ?

[Oh Shoot]

So, basically, as a TN resident, one cannot acquire a handgun from a buy, sell, or trade from out-of-state unless it goes thru a FFL ?

 

No different from long gun. One is forbidden to acquire any firearm in personal transaction outside his own state and bring it or have it delivered back into his own.

 

- OS

Edited September 1, 2014 by Oh Shoot

[bird333]

Would you be ok sending copies of your DL and HCP to a seller?  Would you block out some of the numbers for security reasons?

[eRay]

Would you be ok sending copies of your DL and HCP to a seller?  Would you block out some of the numbers for security reasons?

 

If my DL had my social security number on it, I would black that out. Otherwise I do not have a problem with it.

[luvmyberetta]

If it's a handgun that I went through an FFL to obtain I'm a little more careful. If the gun is linked back to me through an FFL, I always ask to see a valid TN DL & require a private bill of sale. That's for the protection of myself & the buyer in case the gun is ever stolen or used in a crime someday in the future. If it's a handgun I got through private sale or trade I usually only ask to see a TN DL or TN HCP.

[m16ty]

If I'm selling a gun to somebody I know or at least know of, it's cash and carry. If somebody just comes up to me out of the blue wanting to buy something at a gun show or something, If they can't produce a HCP it's a no sale.

 

I know they aren't required to show you anything for a private sale but the last thing you want is to have a crime weapon traced back to you.