Selling guns legally is a complicated and constantly-changing aspect of life. If one does not possess a license for vending firearms, they can only sell when they are not involved in selling them as a business. In certain states, private gun selling is under the law, but it must occur under certain conditions.
The article helps one know the conditions to be met before engaging in private gun sales and getting a license to sell guns. Read to know more.
Which Laws Guide the Selling of Guns Privately?
According to federal law, you can’t sell guns privately without possessing a license if the vendor does not earn a living selling firearms. Even if a person sells firearms as a part-time job, it is required that one gets a federal license to deal in firearms. The requirements for private gun selling vary extensively between states, meaning one needs to know the laws of the state they are in before venturing into gun sales as a legal business.
What Are the Requirements for Private Firearms Sellers?
Under federal law, the ATF says a private firearms seller does not need to keep records of gun sales or conduct a background check on their clients. However, some state laws say otherwise; a private firearms seller must do background checks, even for private sales. This is why you must know the laws of the state you are in before starting your private gun sale business.
Another law is that private firearm sellers must sell firearms of any type to anyone under 18. Also, they must not sell arms to anyone who, by law, is not allowed to carry, own, or use a firearm. This is why it is important to do a background check before selling a firearm.
To help private gun sellers, some states allow for a seven-day wait period between firearm purchase and delivery. Find out if your state has such a law; it is for a good cause.
Below are some steps to tick off your checklist when selling firearms privately and legally:
- Find out, know, understand, and obey the laws of your state, county, and jurisdiction
- Check the buyer’s ID details and ensure they meet your state’s requisite age requirements
- Ask (and find out) the buyer if they are qualified to carry, own, or use a gun
- Check if your state requires you to conduct a background check and conduct one properly
- Check if your state operates the waiting period procedure during gun purchase and sales, and ensure you adhere to it
- Documenting the sale of the gun is federal (obligatory) and state (compulsory) law. You can record this with a bill of sale, which usually contains the names of the seller and buyer, the date of the transaction, and the firearm’ serial number
What Do I Do When Selling Just a Handgun?
According to law, certain states require a background check for specific firearms. For example, in some states (New Jersey, Pennsylvania, Maryland, Hawaii, and Florida, to name a few), background checks go for handguns but not for rifles and shotguns. Again, it is important to be sure that your state has these rules in place to ensure you stay within them.
Conclusion
“Knowing the regulations that guide private gun sales is important as this helps one stay within the confines of the laws. Follow the rules, make your sales, and you’re good to go.” says Attorney Ryan McPhie of Grand Canyon Law Group.
