Private Party Firearm Sale - Virginia
#1
Member
Thread Starter
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
Group Moderator
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.
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.
kathann
voted this post useful.
#4
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.
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.
#5
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.
#6
Member
Thread Starter
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

#8
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.
Just looking at auction and sales sites can get you pretty close unless it's an odd duck.
#9
Member
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
Group Moderator
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.