Private Party Firearm Sale - Virginia

Reply

  #1  
Old 09-22-14, 09:43 AM
M
Member
Thread Starter
Join Date: Mar 2009
Location: Northern Virginia
Posts: 4,043
Received 4 Votes on 3 Posts
Private Party Firearm Sale - Virginia

I responded to a want ad on Armslist.com for a S&W 910 pistol, which I happen to own. The buyer is located in Florida and wants to know if his niece can pick up the pistol for him (she lives in Virginia). I told him that for that to happen, I would need to meet her at a local FFL dealer to complete the transaction. Is this the legitimate way to go about the sale? Something tells me it isn't lawful to release a firearm to someone knowing it is intended for someone else that I know nothing about. If I wrote up a bill of sale with his niece's name, address, etc. on it as if she was purchasing it, would that be okay, or is it better to do it through a dealer so a background check can be performed?
 
  #2  
Old 09-22-14, 09:47 AM
S
Group Moderator
Join Date: Oct 2004
Location: WI/MN
Posts: 19,611
Received 97 Votes on 85 Posts
In this day and age, I would cover my backside by doing this at the FFL dealer as you've proposed.

I don't know about for a private party sale but it isn't kosher to have someone buy a gun for someone else through a dealer - this is known as a straw sale and it is against the law.
 
  #3  
Old 09-22-14, 09:58 AM
Gunguy45's Avatar
Super Moderator
Join Date: Dec 2007
Location: USA
Posts: 21,113
Received 3 Votes on 3 Posts
Dealer all the way in this case. Matter of fact, I wouldn't even sell to the niece. Have him provide you with his local FFL holder, then you go to your local shop and have them transfer it to them. They pay the fees or you can split them if you like. Normally the fees are about $25 at each end plus shipping.

It is not a private party sale when you sell out of state.

And to clarify somewhat...a person can buy a gun for another if it's to be a gift and the other person would be allowed to purchase on their own. For instance you bought a handgun for your cousin who was deploying overseas or your sister who needed it for protection, those would be legal. Buying it for another person who could not legally buy themselves, is indeed a big no-no.

If those people lived out of state, it would still have to have an FFL transfer done. If they are local residents, then no FFL needed.
 
  #4  
Old 09-22-14, 10:17 AM
Shadeladie's Avatar
Super Moderator
Join Date: Jan 2005
Location: PA - USA
Posts: 4,588
Received 141 Votes on 110 Posts
Yeah, don't do that! A few years ago, a cop got killed by someone who purchased a gun in that manner, and the person that sold the gun to them, is now in jail on murder charges.
 
  #5  
Old 09-22-14, 10:38 AM
M
Member
Thread Starter
Join Date: Mar 2009
Location: Northern Virginia
Posts: 4,043
Received 4 Votes on 3 Posts
Thanks fellas. I'm going to go with my instinct and not sell to this person. His latest email said he is only interested in local sales, yet said his niece can pick it up and pay cash. He hasn't responded since I said I would only sell using an FFL
 
  #6  
Old 09-22-14, 10:40 AM
S
Group Moderator
Join Date: Oct 2004
Location: WI/MN
Posts: 19,611
Received 97 Votes on 85 Posts
Yeah, where's the Red Flag emoticon when you need it?
 
  #7  
Old 09-22-14, 12:01 PM
M
Member
Thread Starter
Join Date: Mar 2009
Location: Northern Virginia
Posts: 4,043
Received 4 Votes on 3 Posts
On a similar topic, does someone have a reliable reference (preferably a free one) for looking up used firearm values?
 
  #8  
Old 09-22-14, 02:26 PM
Gunguy45's Avatar
Super Moderator
Join Date: Dec 2007
Location: USA
Posts: 21,113
Received 3 Votes on 3 Posts
I've always used brand specific forums for my older stuff. Otherwise, the Blue Book of Gun Values is cheap and easy.

Just looking at auction and sales sites can get you pretty close unless it's an odd duck.
 
  #9  
Old 09-23-14, 03:41 AM
S
Member
Join Date: Dec 2013
Location: usa
Posts: 1,348
Received 1 Vote on 1 Post
following your instincts is MUCH more prudent AND safer for you,,, even a straw purchase thru a local ffl to the niece smells to me
 
  #10  
Old 09-23-14, 06:00 AM
P
Group Moderator
Join Date: Mar 2003
Location: NC, USA
Posts: 24,457
Received 752 Votes on 691 Posts
I would also have the seller provide you with the serial number of the gun. Contact your local Sheriff's Dept. and have them run the numbers. I just had a friend purchase a nice Kimber and after purchasing he had the number run and... it was stolen.
 
 

Thread Tools
Search this Thread
 
Ask a Question
Question Title:
Description:
Your question will be posted in: