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 transfering/selling a handgun 
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 Post subject: transfering/selling a handgun
PostPosted: Sat Sep 20, 2008 2:49 am 
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I'm selling my Sig P229 to my dad, and joining the 1911 club. I did a search, and I think I have my answer, but I wanted to make sure.

If I print out two copies of a bill of sale, and also include the statement that to the best of my knowledge he isnt restricted from owning a handgun, and also the serial number and description of the gun, that makes the sale legal, correct?

I dont need to go down to the PD to register it, or have to go to an FFL to do the transfer, do I?

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PostPosted: Sat Sep 20, 2008 6:40 am 
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I sold my model 66 a month ago, and asked Gloria at Ahlmans on what's required. She said basically nothing is required private party to private party, but to make sure you know who you sold it to, because if it gets involved in a murder and the police trace the weapon to you, you will need to explain to THEM that you sold it to so and so back in, (date?). But she said that's about it selling private party to private party. I was like, so, I don't need his signature that he bought it? She said nope!


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PostPosted: Sat Sep 20, 2008 6:44 am 
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personally, I take a photocopy of their permit to purchase, write on the copy the date I sold it, and then ask them to sign it. I keep them in my safe deposit box, just in case something pops up.

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 Post subject: Re: transfering/selling a handgun
PostPosted: Sat Sep 20, 2008 7:12 am 
Delicate Flower

Joined: Sun Aug 07, 2005 11:20 am
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Location: St. Paul, MN.
JoeGibs wrote:
I'm selling my Sig P229 to my dad, and joining the 1911 club. I did a search, and I think I have my answer, but I wanted to make sure.

If I print out two copies of a bill of sale, and also include the statement that to the best of my knowledge he isnt restricted from owning a handgun, and also the serial number and description of the gun, that makes the sale legal, correct? Private party sale no paperwork required.....but...recommended

I dont need to go down to the PD to register it, or have to go to an FFL to do the transfer, do I? No.....Mn has no registration requirement


Paperwork can be short and simple..... ID firearm, buyer,seller, permit data, date, cost etc.
Protects buyer and seller

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PostPosted: Sat Sep 20, 2008 3:45 pm 
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This is assuming that you and your dad are residents of the same state. If not, things get more complicated.

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PostPosted: Sat Sep 20, 2008 6:49 pm 
Delicate Flower

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Andrew Rothman wrote:
This is assuming that you and your dad are residents of the same state. If not, things get more complicated.


Yup.......good point

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PostPosted: Sat Sep 20, 2008 7:55 pm 
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Unfortunately i still live under his roof, so yes, same state. i suck at life :)

A couple questions about him getting his permit to carry. Does he have to have a valid drivers license, or will a minnesota state identification card work just fine? aaaand does anyone offer any discounts for a 'nam vet?

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PostPosted: Sat Sep 20, 2008 8:43 pm 
Delicate Flower

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JoeGibs wrote:
Unfortunately i still live under his roof, so yes, same state. i suck at life :)

A couple questions about him getting his permit to carry. Does he have to have a valid drivers license, or will a minnesota state identification card work just fine? aaaand does anyone offer any discounts for a 'nam vet?


from 624.714
Quote:
(c) An applicant must submit to the sheriff an application packet consisting only of the following items:
(1) a completed application form, signed and dated by the applicant;
(2) an accurate photocopy of the certificate described in subdivision 2a, paragraph (c), that is submitted as the applicant's evidence of training in the safe use of a pistol; and
(3) an accurate photocopy of the applicant's current driver's license, state identification card, or the photo page of the applicant's passport.


Vet price 90.00 .....next class 10/5/08.... PM for info

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PostPosted: Thu Oct 02, 2008 11:48 am 
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Andrew Rothman wrote:
This is assuming that you and your dad are residents of the same state. If not, things get more complicated.


I don't believe it becomes more complicated if they're both in the same state where the sale takes place.


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PostPosted: Thu Oct 02, 2008 2:55 pm 
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gyrfalcon wrote:
Andrew Rothman wrote:
This is assuming that you and your dad are residents of the same state. If not, things get more complicated.


I don't believe it becomes more complicated if they're both in the same state where the sale takes place.


Actually, I'm pretty sure it still does, as it's still an interstate transfer. See 18 USC 922 ( http://www4.law.cornell.edu/uscode/18/922.html )

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 Post subject: Re: transfering/selling a handgun
PostPosted: Thu Oct 02, 2008 7:26 pm 
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JoeGibs wrote:
I'm selling my Sig P229 to my dad, and joining the 1911 club.


The 1911 club is a great place to be!


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PostPosted: Thu Oct 02, 2008 8:30 pm 
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Andrew Rothman wrote:
gyrfalcon wrote:
Andrew Rothman wrote:
This is assuming that you and your dad are residents of the same state. If not, things get more complicated.


I don't believe it becomes more complicated if they're both in the same state where the sale takes place.


Actually, I'm pretty sure it still does, as it's still an interstate transfer. See 18 USC 922 ( http://www4.law.cornell.edu/uscode/18/922.html )



I read this as it doesn't...then again I'm not a lawyer: shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State


So his dad gives him a gift of $$$ to help him buy the 1911, and he gives his dad the Sig as gift in return for his generosity? :)


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PostPosted: Fri Oct 03, 2008 8:27 am 
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gyrfalcon wrote:
I read this as it doesn't...then again I'm not a lawyer: [i] shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession...


"Bequest or intestate succession" means inheriting or being willed a gun from someone who died. Living people need an FFL to transfer a handgun between people who live in different states, period.

It's a stupid law, but a law nonetheless.

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PostPosted: Fri Oct 03, 2008 9:35 am 
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Andrew Rothman wrote:
..."Bequest or intestate succession" means inheriting or being willed a gun from someone who died. Living people need an FFL to transfer a handgun between people who live in different states, period.

It's a stupid law, but a law nonetheless.


Gotcha, do you know if there is a statute of limitations for prosecuting someone under this law?

http://assembler.law.cornell.edu/uscode ... -000-.html

Five years?


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PostPosted: Fri Oct 03, 2008 11:31 am 
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Five years looks right, but IASAHNAL.

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