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paradox in a box |
I am in Florida and may want to sell a couple guns. Back in Massachusetts we had an online portal for face to face sales and the buyer had to have a carry license. Florida is different but I want to make sure I'm protected and not selling to a criminal. How do face to face sales work in Florida? Or would I be better off going to sell to a gun store (though surely lose money). These go to eleven. | ||
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| Thank you Very little  |
You don't need to go to an LGS to transfer guns in Florida, you can sell directly to any individual. If you want to check their background, ask if they have a concealed weapon permit, that at least tells you they have been cleared by the state to carry concealed and background checked. Make sure you meet up somewhere that you have others around maybe even take someone with you as backup isn't a bad idea. But legally, nothing required of you has to be done. You could do a bill of sale, get a copy of their DL with your phone, SN of the gun, dated the day you sell it, but it's not necessary. | |||
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| The success of a solution usually depends upon your point of view |
Short answer: As long as you have no reason to believe they are a prohibited person, They give you money, you give them gun. Anything else is agreed by you both. You want to see a state DL or CWP? Signed receipt ? You both agree or walk away. From personal experience, when the police knock on you door and ask you about the gun you owned, and you tell them that you sold it to joey on this date, they will ask you for any details you can give them, thank you for your time, and leave. “We truly live in a wondrous age of stupid.” - 83v45magna "I think it's important that people understand free speech doesn't mean free from consequences societally or politically or culturally." -Pranjit Kalita, founder and CIO of Birkoa Capital Management | |||
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| paradox in a box |
Thanks guys. Coming from a commie state, this seems too easy.  These go to eleven. | |||
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Member |
I walked away from a sale like this years ago, before I got my FFL. The guy who showed up was not the guy I had been texting with, he had FL plates on his car and could not show me an AZ ID, only said he had a passport. I walked and even called it in to a buddy at Phoenix PD. They couldn't have cared less. I'm sure that guy got a gun that weekend, but it wasn't one of mine. Freewill Firearms 07 FFL, Class 2 SOT | |||
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| If you see me running try to keep up  |
Keep something in mind, we are a group of 2a gun lovers who think that we have a right to bear arms. So when you sell, don’t make up your own rules for selling. I have seen people require to see ID, require concealed licenses etc. If federal and state laws do nto require it, then why add these stipulations and make up your own gun control. We cry when government makes up rules yet we decide to make our own. It doesn’t jive. Now, common sense says not to sell to a guy that tells you he just got out of prison, or to someone who looks like they are 10 years old, or someone obviously drugged up. If you do not feel comfortable then do not sell to them. Follow local, state and federal law and get on with your life. Sounds like the forum clarified how it is done legally in Florida, Texas is similar. | |||
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| Member |
Getting an ID is a double edged sword. It lets you do some basic searches to determine if your buyer is eligible or not but once you have that information you're arguably obligated to do so. The general public should have access to this information. Not necessarily a full blown NCIC/FCIC report but I should be able to put in a name and address and get a yes/no answer to whether the person is eligible. | |||
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| Needs a check up from the neck up  |
I have always done face to face and only sold to people with a CWP in Florida. That is enough of a check for me. __________________________ | |||
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| Savor the limelight |
Is a non-resident Florida CWL different than a resident Florida CWL? My Florida CWL does not list my address or say anything about residency. My limited understanding is you cannot "knowingly" sell to a prohibited person and you cannot sell to someone who does not reside in Florida. These are two different standards. The first is easier, you don't know what you don't know. The second one requires the seller to somehow verify where the buyer resides. I could be completely wrong, since it's been a long time since I did a face-to-face transfer in Florida. | |||
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| Victim of Life's Circumstances  |
I sometimes sell as a private collector. I usually sell to acquaintances but my standard qualification is: I ask the buyer if he is legal to buy this gun. If he says yes we're ok. Required to do nothing more. ________________________ God spelled backwards is dog | |||
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| Member |
I live in Florida and have bought private party. Not sold. Dude wanted to see my CcW no prob. Didn’t take a pic or write anything down at least he knew I was a resident and legal to own guns sometime in last few years when the state of FL issued it to me. If I’m a seller, I’m at least asking for proof he’s a FL resident and not a felon. A FL CCW proves both. Not if dude moved to another state and kept his FL CcW then jokes on me. If you want to sell a gun to anybody that can fog a mirror and accept “trust me bro” I’m a resident and not a prohibited person then that’s on you. But I will do a modicum of due diligence.
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Member |
If you do this, then don't be surprised if the other party also brings a pal as backup. Or if he comes alone and sees two guys approaching him, don't be surprised if that makes him feel uncomfortable, and he bolts. You have to respect other people's sense of security as well. I don't know about other states, but in TX, private party transactions - sales & trades - are strictly permitted between state residents. You are required to ask the other party to provide a legal & current state-issued DL or ID to confirm residency. I've backed out of deals before, b/c the other guy had expired ID and was full of excuses. Strongly disagree here. It's not a matter of 'adding your own gun control,' it's about one's personal comfort level. I respect what others are comfortable dealing with in private party transactions, and I expect them to respect mine. If we our comfort levels don't mesh, then there's no point in trading. Why? Because I don't think my conscience could handle being known has the guy who sold a gun to a school shooter or a gun that ended up in the hands of cartel members. I don't want to be held up by gun control advocates as the poster boy for their gun show/private party loophole. My rule of thumb is that I won't transact w/ anyone who can't go purchase a gun at an FFL. In TX, a resident between age 18-20 can legally purchase a handgun through private party transaction but not through an FFL. I won't sell to a handgun to someone under 21. It's legal, but I'm not comfortable w/ it. | |||
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| If you see me running try to keep up |
Show me the law where private party sales are “strictly permitted” in Texas. You are exaggerating or misinformed, it is no stricter than federal unless your locality has its own rules. Perhaps the attorneys I have listened to on the topic are incorrect, I suppose that is also possible. Maybe you know of some laws I am not aware of. It doesn’t matter if you disagree, if you add stipulations that are not law then you are adding your own gun control. If our guns laws are sufficient then why not just follow them? (I.e asking for ID to prove age is ok, asking to make a copy of it with all the info = not ok. Even I as an FFL do not have to make photo copies of ID’s. Asking for a Texas LTC to sell is not ok, you can buy guns in Texas without having one so therefore you are making your own gun control. Having a Texas LTC does not guarantee the buyer is legally allowed see to anyway). If it were necessary then it would be a law already. I gave the caveat that if you do not feel comfortable then do not do it. Or, you can do it through an FFL on a private party transfer. Maybe you would sleep better doing it that way. You’re not going to agree with me but it irrelevant, do and believe what you want. | |||
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| Savor the limelight |
It’s not a matter of someone keeping their FL CWL after moving to another state, it’s a matter of Florida issues CWLs to nonresidents of Florida. Unless a nonresident FL CWL is different than a resident one, seeing someone’s FL CWL is not proof a person resides in Florida. For that I’d like to see a Florida driver’s license. | |||
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Alienator |
I always create a bill of sale and take their license information. It at least covers some due diligence. SIG556 Classic P220 Carry SAS Gen 2 SAO SP2022 9mm German Triple Serial P938 SAS P365 FDE P322 FDE Psalm 118:24 "This is the day which the Lord hath made; we will rejoice and be glad in it" | |||
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| Member |
Florida is now constitutional carry since 2023. No permit required. If they did not have a permit. I would want to see a FL drivers license to sell. | |||
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| Member |
Title 18 US Code 922(a)(3) & 922(a)(5) prohibits face-to-face private party sales/trades if both parties are not residents of the same state. The ATF says , "An unlicensed individual may transfer a firearm to another unlicensed individual residing in the same State, provided that he or she has no reason to believe the buyer is prohibited by law from possessing firearms. An unlicensed individual is prohibited from directly transferring a firearm to a person residing in another State. Regardless of the purpose of the transfer (e.g. gift, trade, loan, sale, ownership, etc.), this restriction applies to all types of firearms." What am I misunderstanding? I did exaggerate some, b/c there are ways someone can be a state resident w/o having a state ID, but having a valid state DL/ID is the easiest way to confirm. I did once trade w/ a military service member who had an out-of-state DL but satisfied the residency requirement b/c he was stationed at a military base in TX. | |||
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| As Extraordinary as Everyone Else |
I agree with this as well. It’s your firearm and you have the right to set the rules as you see fit. Just make that stipulation in the add and you will probably weed out many people of questionable legality. ------------------ Eddie Our Founding Fathers were men who understood that the right thing is not necessarily the written thing. -kkina | |||
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| Smarter than the average bear |
As usual, there's a lot of very confidently stated wrong information in this thread. And there is a little correct information. Regardless of state law, federal law requires that private sales between unlicensed persons must be between residents of the same state. While you don't have to do any background checks, you cannot knowingly sell to a prohibited person. But there is no "knowingly" language regarding residency. If you sell to a resident of a different state than you, you have committed a federal felony with a maximum penalty of 10 years. IT DOES NOT MATTER IF YOU KNEW OR NOT! | |||
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| Savor the limelight |
Your first two sentences are a little harsh, no? I made the same two points and there's been several posts discussing how to determine where the buyer resides. | |||
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