Gun Swapping

[jasonboyd]

I swapped handguns this week with a friend of a friend. I swapped a Ruger Super Redhawk 44mag, for a Ruger Vaquero 44mag, plus $ to boot. I consulted with a gun buff friend of mine before the deal, and I asked him about any legalities or paperwork to deal with this transaction. He said that it's probally better to not have a paper trail of the deal, but to keep a record of when I got rid of the gun. I'm sure this will vary from state to state, but what's the feeling of everyone here?
Here's a picture, not my gun, but a google search of the exact gun. Mine looks brand new, he told me it had been shot 7 times, and after a quick swab of the cylinder and barrel, I belive every word of it.

 

[Left Coast DJ]

If the Vaquero was used in a crime previouly (CSI, ballistics, etc. etc.), wouldn't you be implicated if you don't have anything to prove that you bought it from someone?

Living in California, not having paperwork is not an option. I know a lot of my in-laws buy and swap firearms in AZ without paperwork though.

 

[jasonboyd]

I don't know this guy personally, but I know several people that know/hunt with him, so I'm not worried about any crimes that would have been committed with the gun.

 

[bamafan64]

Buying or swapping for a gun that was used isn't a problem as long as you can show who you got it from.

 

[cfriend]

I'm not sure of the downsides of a paper trail for your purchase. I think I'd rather have documentation.

 

[qdaddy]

+1

 

[Jim]

Sure, sure, everyone wants paperwork until the black helicopters show up.

 

[Not A Nice Person]

well, personally, I think the Redhawk's a MUCH better handgun, but as long as you got some $$$ on the trade, personal taste is personal taste.

As far as paperwork is concerned, I'm in the less is more camp.

NANP™

 

[Donner]

my understanding of Oklahoma law (from when i lived there) is that you can do a face-to-face sale with no need for a paper trail. That said, some people want it, others want the .gov to stick it. I've never heard of any kind of paper trail and i don't know if any kind would hold up in court unless it was handled by a FFL or was notarized. I could easily be wrong, though.

 

[DSB]

You might want to spend half an hour looking at the penal code in your local library for the laws specific to your state. Another option would be to call a gun shop that you trust, and ask them if your state requires private party handgun sales to be processed through a licensed gun dealer.

 

[stobes21]

My personal philosophy is to do face-to-face (ftf) transactions only with friends and family or people who have a ccw. I can be reasonably assured that even a stranger with a ccw doesn't have a record that makes it illegal to transfer a firearm to them. Many police agencies will also allow you to call in and give them a serial number that they can check to see if it is stolen. I also draw up a receipt that both parties get a copy of that lists the important details of each gun involved, any cash involved, and names and drivers license numbers of both parties. This receipt never has to go to the government, but gives me a good paper trail to fall back on in case a problem comes up later.

With complete strangers who don't have a ccw I would just have a local FFL handle the transfer. Most will do it for a nominal fee. Note that if you are transferring a handgun across state lines this is required.

The above procedure will work in most states, but not those that have closed the so-called "gun show loophole" (I know NY is one, there are probably others). So be aware of your state laws before you transfer a firearm.

 

[Sluggo]

I have sold guns to friends, but I always have a bill of sale that is signed by both parties. The bill of sale always includes the serial number of the firearm too.

 

[eightysixCJ]

Check the rules (if any) regulating such transactions. I would not do anything more than the minuim. Be aware if any proof of ownership/bill of sale is required to sell it someday. A noterized letter from the seller would probably be enough.

In the home state of over regulation licensed individuals can buy from a NYS FFL dealer or from another NYS licensed person. What is needed here is authorization to buy, proof the other person owns the gun (copy of their license showing the serial #), and a noterized bill of sale.

Tom

 

[tweedcab]

Spend a few bucks on the transfer fee and have them properly registered. This is a no brainer and protects you every step of the way. There is NO downside to having the "paper trail" exist. The scenarios are plentiful and everything might be uber-cool right now, but ANYTHING can transpire in the future that could implicate you or your friend in a felony prosecution. Not so cool despite being very unlikely. I've owned about 60 guns and although I'm in PA and your laws may differ slightly, I can say it's a painless process and worth every penny. Just do it. That is of course unless you have something to hide

 

[blackfoot]

Sure, sure, everyone wants paperwork until the black helicopters show up.

well, personally, I think the Redhawk's a MUCH better handgun, but as long as you got some $$$ on the trade, personal taste is personal taste.

As far as paperwork is concerned, I'm in the less is more camp.

NANP™

I tend to agree. I would never intentionally break the law. And, I would keep a record. But outside of that, if you know and am sure you can trust the guy, I wouldn't mess with more. That is my personal opinion and is not legal advise in any way, shape or form. Besides, it isn't exactly the kind of gun people typically use in murders.

 

[iron maiden]

I wouldn't worry about it. All you did is just saved some cash and got a nice gun you can shoot from time to time.