How should I sell a firearm within the state of Florida? [Archive] - Glock Talk

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rally
01-14-2010, 23:21
Just curious how to properly sell a firearm in the state of Florida from person to person? What are my legal responsibilities as I understand it there are none. What should I do to safe guard myself at a minimum? Bill of sale? How do I make sure I'm not sending a gun to a minor or a felon?

Thanks

Jon_R
01-15-2010, 07:40
Just curious how to properly sell a firearm in the state of Florida from person to person? What are my legal responsibilities as I understand it there are none. What should I do to safe guard myself at a minimum? Bill of sale? How do I make sure I'm not sending a gun to a minor or a felon?

Thanks

If you are not going through an FFL I would only sell to a person face 2 face in a semi-public place and would carry in accordance with my permit. I would also require seeing the persons DL to ensure they are from FL and over 18. I would also record their name on the ID and DL number add in what you sold them and the date and keep that in my records. A bill of sale is more for the buyers protection.

That may be more then the law requires but how I would handle it if I ever sold something. In my case if I sold something I would limit it to people I know or a person I know knows. :) I have only sold two guns in my life. One to my brother in law and one to my mom.

njl
01-17-2010, 21:58
Legally you can sell to another FL resident who's not prohibited from owning.

To totally CYA (for both you and the buyer) here's what I suggest.

Print out 2 copies of a bill of sale documenting exactly what you're selling, when, for how much, and certifying that the buyer is not prohibited from possessing firearms (either due to age or past problems with the law). Both of you should sign both copies. Each of you keeps one copy. At the time of sale, check the buyer's DL to see that they're both a FL resident and old enough to possess the firearm you're selling.

This way, if the buyer gets into trouble later, and the firearm is traced back to you, you have documentation of when it was sold, and that they told you they were legal...and if the gun turns out to be stolen or something, the buyer has documentation showing who they got it from.

Legally, you can probably get away with just

seller: "you're a resident, old enough, and not prohibited from possessing this?"
buyer: "yeah."
buyer: [hands cash to seller]
seller: [hands firearm to buyer]
both go home happy.

I've done deals similar to both of the above.

Though not required, you pretty much have to do the transaction face to face or via a trusted intermediary, since there's not a shipper I've found who's willing to ship firearms between non-licensed people.

Selling face to face to a complete stranger can be a little stressful. I sold a gun to a guy who lived around 100 miles away via gunbroker. He tried really hard to get me to ship it to him, even suggesting I do so illegally (not disclosing to the shipper that it was a firearm), when I found that no shipper would do it. We ended up meeting at a predetermined exit off the interstate at a McDonalds, went over the paperwork, then went out to the parking lot for the transaction. I was legally carrying.