transfering/selling a handgun
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JoeGibs
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Post subject: transfering/selling a handgun Posted: Sat Sep 20, 2008 2:49 am |
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Joined: Tue Apr 17, 2007 10:58 pm Posts: 41 Location: Red Wing
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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?
_________________ Springfield 1911A1
Remington 870 Express 18" 7 Round
Wasr-10 AK-47 Double Stack
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Five Seven
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Post subject: Posted: Sat Sep 20, 2008 6:40 am |
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Longtime Regular |
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Joined: Thu Aug 07, 2008 12:53 pm Posts: 1150 Location: Morristown
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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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gaygoalie
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Post subject: Posted: Sat Sep 20, 2008 6:44 am |
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Senior Member |
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Joined: Thu Jan 19, 2006 7:51 pm Posts: 372 Location: Lakeville
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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.
_________________ Certified MN Carry Permit instructor check http://www.mncarrytraining.com/ for info
My Homebrew journal http://brew.goalie.cx
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ttousi
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Post subject: Re: transfering/selling a handgun Posted: Sat Sep 20, 2008 7:12 am |
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Joined: Sun Aug 07, 2005 11:20 am Posts: 3311 Location: St. Paul, MN.
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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
_________________ http://is.gd/37LKr
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Andrew Rothman
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Post subject: Posted: Sat Sep 20, 2008 3:45 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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ttousi
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Post subject: Posted: Sat Sep 20, 2008 6:49 pm |
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Joined: Sun Aug 07, 2005 11:20 am Posts: 3311 Location: St. Paul, MN.
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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
_________________ http://is.gd/37LKr
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JoeGibs
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Post subject: Posted: Sat Sep 20, 2008 7:55 pm |
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Joined: Tue Apr 17, 2007 10:58 pm Posts: 41 Location: Red Wing
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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?
_________________ Springfield 1911A1
Remington 870 Express 18" 7 Round
Wasr-10 AK-47 Double Stack
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ttousi
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Post subject: Posted: Sat Sep 20, 2008 8:43 pm |
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Joined: Sun Aug 07, 2005 11:20 am Posts: 3311 Location: St. Paul, MN.
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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
_________________ http://is.gd/37LKr
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gyrfalcon
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Post subject: Posted: Thu Oct 02, 2008 11:48 am |
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Senior Member |
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Joined: Thu Jul 12, 2007 1:00 pm Posts: 373
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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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Andrew Rothman
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Post subject: Posted: Thu Oct 02, 2008 2:55 pm |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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Jai9100
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Post subject: Re: transfering/selling a handgun Posted: Thu Oct 02, 2008 7:26 pm |
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Senior Member |
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Joined: Tue Sep 30, 2008 8:17 pm Posts: 179 Location: Waconia, MN
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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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gyrfalcon
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Post subject: Posted: Thu Oct 02, 2008 8:30 pm |
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Senior Member |
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Joined: Thu Jul 12, 2007 1:00 pm Posts: 373
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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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Andrew Rothman
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Post subject: Posted: Fri Oct 03, 2008 8:27 am |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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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.
_________________ * NRA, UT, MADFI certified Minnesota Permit to Carry instructor, and one of 66,513 law-abiding permit holders. Read my blog.
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gyrfalcon
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Post subject: Posted: Fri Oct 03, 2008 9:35 am |
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Senior Member |
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Joined: Thu Jul 12, 2007 1:00 pm Posts: 373
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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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Andrew Rothman
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Post subject: Posted: Fri Oct 03, 2008 11:31 am |
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Longtime Regular |
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Joined: Sun Aug 07, 2005 10:24 am Posts: 6767 Location: Twin Cities
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