My legal Respondsibilty as a Private Seller?

I purchased a PX 4 Storm Beretta 9mm Sub-compact New in June at Old English Gun Shoppe and want to offer it For sale. I have never sold a firearm, I want to trade down to a Ruger LC-9,,Whats my responsibilities to sell Legally to protect myself as a Seller, appreciate any input. I reside in Ohio

Ship it or transfer it only through an FFL. Doubt that's a legal requirement but ..... most certainly is the most safe.

Consult your State Police web site.

Others here will disagree.

First and foremost, check your state laws regarding private sales. I live in Texas and currently there are no restrictions on private sales (such as documentation.) It is, however, a violation of federal law if you KNOWINGLY sell a firearm to someone who can't legally buy it. That becomes the tricky part...if Ohio doesn't have documentation requirements, then you can simply ask the buyer, or you can ask to see a driver's license or CHL (which establishes age and residency...but doesn't rule out felony status, or other prohibitions on handgun ownership). If you ask, and the buyer states he can legally buy the gun, then unless there is some other indication that any reasonable person should have recognized (like, the buyer was obviously a child) you should be free of any legal concerns.

Some ask buyers to sign a bill of sale, which the seller retains. One thing that will really protect you is to have the transfer done by a local FFL...some will do it for a fee ($25 or so) and the buyer will have to complete a 4473, so there is not only a record but an approval of purchase, should a later issue arise.

As for the gun itself, you should be totally honest...disclose the actual status of the gun, rounds fired, any known problems, etc. My rule of thumb is that I tell a buyer anything I would want to know if I was buying the gun. To a certain extent, though, a buyer should research and know what he is buying, such as features of the gun (caliber, action, mag disconnect safeties, mag capacity, and so on) so that isn't so much your responsibility as it is to discuss your specific gun.

You can research prices of your gun in your area by checking Gun Broker. You can also trade the gun for the LC9, but you won't get as much for your gun in a trade as you will by selling it outright and then buying the LC9. Trading the gun does take care of any sales or documentation requirements, so that is one consideration. Your dealer may offer you a fair trade, if you take it to the shop where you bought it and you get the LC9 there as well.

Another thing to consider: offer the gun for trade on this website; or check into local Facebook groups. There are several FB groups in my area, and there are guns listed routinely on them for sale or trade. Someone may be willing to trade you even, or give you some cash plus a LC9.

I strongly suggest you use gunbroker.com. Not only is it very popular but it's hard to do things wrong if you follow their rules.

Since this is your first you should probably not use armlist.com. They are known to disavow any knowledge of illegal guns sales - they are also know to have had several. Probably the most famous one is a guy from Canada who bought a gun in Seattle from a private seller then went to Wisconsin or Minnesota and killed his ex-girlfirend. He got caught but said that's how he got it. And I have read that New York now has cops posing on armslist to buy weapons that are now illegal in New York.
Don't get me wrong, the vast majority of deals on armslist are legit - I even have a Woodmaster for sale there. You just have to be very careful and use FFLs on both ends. One beauty of an FFL, at least in Connecticut, is that the way the paperwork is handled you sell your gun to him, he sells it to the other FFL who sells it to the buyer. That leaves you clear of any legal problems the buyer may get into later.

State law applies!!
I have sold a couple and it is just a hand shake really. But to cover my own butt I write down the buyers permit to purchase number. It is technically a misdemeanor to sell without seeing the others paperwork.

Guns are not to be fooled with. Nothing in my opinion is worth prison time. Especially when talking about a few hundred dollars and a deadly weapon.

roylt said:

But to cover my own butt I write down the buyers permit to purchase number. It is technically a misdemeanor to sell without seeing the others paperwork.

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And that varies by state. Like I said, in Texas there is no documentation required, and we don't have to get a permit to buy.

Federal law does apply across all states, of course, and there are prohibitions on who can buy a handgun, and how it can be sold or shipped.

If you have deep pockets, you can be a target.
Geoff
Who notes the dealers have insurance and protections under the laws.

Trade it for the gun you want, that way the dealer handles all the paperwork.

When I was selling my P345, I had a guy that wanted to buy it. When I told him I wanted to photocopy his license and CCP............he freaked out. I explained my reasons, and he still wanted nothing to do with it.............so I told him the deal is done and not happening. In the end I traded the gun in at my local dealer and I know the paperwork is done and the transfer is all legal. You might get a little less when you trade it then if you sell it yourself, but for piece of mind it's worth it.

Steve

maineultraclassic said:

You might get a little less when you trade it then if you sell it yourself, but for piece of mind it's worth it.

Steve

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That's a real big plus. I've done a lot of business at a couple of local gun shops, and they give me a pretty good deal on trades. In fact, in one shop, we have a running joke about who's turn it is to make out on a deal. One time, it's his turn and he tells me how he'll trade, and the next time it's my turn and I tell him. (We are both fair about it, so it works.) There are times, though, when he's got too much in a gun and so do I, and it works better for me to sell outright and then buy from him. In general, though, I do prefer to trade...for the reason you said.

I bet someone out there would trade you straight up, as your pistol sells new for alot more than the LC9. Unless I know the buyer personally I always go through a dealer. $25.00 is a trifling amount to pay for peace of mind.

Here in Tn the dealers get $40-65 for transfers, trades ins are only good for approx 50% of the MSRP. Better to do a FTF financially. I always ask to see a valid carry permit, and haven't been burned! Bill of sale if requested.
gramps

Here in PA long gun sales can be done legally just face-to-face as long as both parties are PA residents. However, ALL handgun sales must be done through an FFL. Most often both parties meet at an LGS and the dealer handles the transfer paperwork for a fee which varies from shop to shop. Which one of you pays the transfer fee is negotiable. One dealer near me charges only $20 and others as much as $50.

Go through an ffl and take the risk out off it. In NC you still have to have a purchase permit or ccw and either way the seller is required to present if asked.

Hi,

In CA now, all transfers (long guns as well as handguns) have to go thru an FFL. It's a pain in the patootie, w/ extra cost, and the 10 day waiting period is triggered. I don't know anybody who LIKES the process.

However, it does ensure the transferor's not done anything wrong, and the transferee's qualified to purchase. Silver lining in the otherwise dark cloud?

As the fellows have already said, check the laws in whatever State you're in to be sure! And since the OP's in Ohio, a PM to Amanda (screen name "Frustrated Middle Child") could be invaluable. For those who don't know, she owns a gun shop somewhere in the greater Akron area, and does a radio program on the various aspects of gun ownership there. She's a good resource and a great lady!

Rick C