I’m not a lawyer, and I don’t play one on TV. So double check all this info I’m sharing.
Buying and selling guns privately (without a gun store) has been legal in most states since the founding of the US. However, because of various gun control laws, you do have to make sure you check two boxes:
- The person you’re selling to isn’t a criminal and able to legally own a gun, and
- You’re not transferring (selling or giving) the gun across state lines.
So how do you safely sell a gun? Well it’s easy if it’s someone you know, like a family member or close friend. But if it’s someone you don’t know, how do you know if they have a criminal past that prohibits them from owning a gun? As individuals, we’re unable to run background checks on people and services that say they can are scams. Because of this, many people won’t sell to someone who doesn’t have a Concealed Firearm Permit (CFP). A permit means the state does a background check on a person daily. That’s a good indication that they’re able to own a gun, particularly when you consider studies that have shown CFP holders commit crimes at a far lower rate than even police officers.
Secondly, by insisting on having an ID like this, you can also check the address on the ID to show they’re a resident of your state, not traveling across state lines.
CFP + Bill of Sale
So to protect yourself, I’d recommend only selling to someone with a permit. Then insisting on photographing or photocopying the ID and doing a Bill of Sale. You can then keep those papers in your records in case 10 years down the road the gun is used in a crime, you can show where it went and when it left your hands.
What if the CFP is invalid due to a crime since it was issued, or what if the gun is stolen? How do you check those details? Well if you live in the state of Utah, and doing a private sale, you can check both the status of the buyer’s permit as well as check the gun’s serial number on the state’s website for free. Click this box below to link directly to the page.
When to Use an FFL Transfer
If you are buying a gun across state lines or from a store in another state, you must use your local gun store (FFL) to finish the transaction and have a background check done. That’s where you’ll go, show your ID, and do the background check to pick it up.
- So if you want to gift a gun to a family member for their birthday, but they live in another state, you must ship the gun to their local gun store.
- If you find a gun online somewhere from a store (FFL) or an individual in another state, then it must be shipped directly to your local gun store.
- If you’re traveling and see a gun at a store that you love, (if it isn’t a long gun) then if must be shipped back home to your local FFL for you to pick up there.
Note that there’ll be a shipping cost and the receiving FFL will charge a fee for doing all the paperwork on their end. For this reason, if the gun is common and easy to get through distribution, it’s often cheaper to buy a gun from your local store directly, even if they have to order it in for you.
Where to Buy Used Guns
Because eBay and other classifieds have banned the legal selling of guns, there are specific sites that have filled that void.
GunBroker.com – This of this as a huge national eBay for guns and accessories. This is great if you’re looking for a gun that’s out of production or hard to get from a dealer. Anyone can sell a gun on it, both individuals and stores. Search by exact make and model, or create alerts if there’s something you’ve been wanting to find for a long time. Anything you buy from GunBroker must be shipped to a local FFL dealer.
UtahGunExchange.com – For Utah residents, this is a free classified site. You’ll need to arrange to meet up, buyer and seller. And of course I highly recommend doing a bill of sale (which they have a PDF you can use here), and photographing and checking the CFP using the link above with the state of Utah.
DurysGuns.com – There’s a few stores in the country that specialize in used guns, and Dury’s Guns is probably the best. If you’re selling a number of guns (perhaps a loved one has passed away and you only want to keep a few and sell the rest), Dury’s is incredibly fair and easy to work with. If you’re in the market for something really unique, they’re also really good.
Shipping
What if you need to ship a gun? Maybe you sold a gun on GunBroker to someone in another state, or need to ship a gift to your dad for Father’s Day and he lives across state lines. How do you ship a gun?
Well the US Postal Service has banned the shipping of anything that isn’t a rifle/long gun with their service. And UPS and FedEx have recently decided that they won’t allow regular people (non-FFLs) to ship using their services. So what do you do?
Some gun stores will ship for you for a fee. But many won’t. They don’t have the time.
Well good news if you’re set up as a Shipper with Gun Broker. You can use their services to ship a gun. They also offer a lot of other tools too for sellers.