Private sale with FFL question

Eric13

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Hey guys, I haven't gone through an FFL before with a private sale. I'm originally from Indiana and have a potential buyer for a handgun here in NC. I'll need to transfer the gun through an FFL, but really not sure the full process. Do you still do a bill of sale with them and more importantly do you collect the money before going into the FFL, after the transfer in the store or after when you all are out of the store? I don't want to piss off the FFL dealer for making a transaction in their store and would like some guidance as my searching turned nothing up.

Edit: I'm originally from Indiana and the gun was purchased there and I now live in NC.
 
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Going to an FFL for the transfer is NOT a requirement. That said, it's your sale and your prerogative to insist on an FFL transfer.

The process would be to contact the FFL and ask about how they want you to proceed. Their store, their rules. Most often the cash changes hands while you're at the FFL doing the paperwork.

If you choose NOT to go through an FFL, to be LEGAL you must do the following:

- Both parties must be NC (same state) residents.
- The buyer MUST provide a valid NC identification
- The buyer MUST either
---- provide
a valid Pistol Purchase Permit issued by the chief LEO (usually the Sheriff)
or
---- display a valid NORTH CAROLINA Concealed Handgun Permit

That is it. Full stop. Nothing more is required for legality.

OPTIONALLY....

- You may request copies of above - many buyers will decline and it's your option to proceed or stop. YOU ARE NOT REQUIRED to retain copies of the above. It may make you feel warm and fuzzy, but it's not a requirement.

- You may request a completed Bill of Sale - same as above, may produce warm fuzzies but is NOT a requirement.
 
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First, to ask the obvious: why are you using an FFL? Your profile says Durham and you're selling to someone in state per your text.

As far as a bill of sale goes, that's a controversial topic. Some people demand them, others refuse to do business with anyone that requires one. If you want one, be sure to discuss the terms of the sale up front before you make arrangements.
 
1. If you and your buyer are both NC residents there is not a legal requirement to do the transfer through an FFL. You can still choose to do so.
2. a bill of sale is completely optional.
3. exchange the money where and whenever you and your buyer agree. the FFL is getting paid and and knows exactly what's going on.

The legal minimum requirement for private sales of handguns in NC is that you and your buyer are NC residents, your buyer has a PPP or CHP and that you have no reason to believe they are a prohibited person. Where you purchased the gun is not a consideration.
 
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I do apologise, I forgot the biggest detail, I originally lived in Indiana when I purchased the firearm and have since moved to NC. Maybe I'm incorrect in needing a FFL still.
 
I do apologise, I forgot the biggest detail, I originally lived in Indiana when I purchased the firearm and have since moved to NC. Maybe I'm incorrect in needing a FFL still.
Doesn't matter. your guns became NC residents when you did.
 
Just in case the OP ( ya never know, right?) is an undercover journalist trying to drum up an "I bought a handgun through the internet loophole" story...in a private transaction (non-FFL), the buyer is STILL going through the same - or in the case of a CHP, more rigourous - background check that he'd get in an FFL storefront. The Pistol Purchase Permit and Concealed Handgun Permit both require the federal NICS background check approval.


Edit: well, that was a dumb statement since the OP is the seller, not the buyer...
 
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Just in case the OP ( ya never know, right?) is an undercover journalist trying to drum up an "I bought a handgun through the internet loophole" story...in a private transaction (non-FFL), the buyer is STILL going through the same - or in the case of a CHP, more rigourous - background check that he'd get in an FFL storefront. The Pistol Purchase Permit and Concealed Handgun Permit both require the federal NICS background check approval.

Lol, what sucks is that people would do that and think they found a loophole.
 
Lol, what sucks is that people would do that and think they found a loophole.


Welcome to the Free(ish) World! It's all relative though...our neighbors in SC don't have to deal with the permits we do.
 
The whole notion of calling something that's not illegal a "loophole" is absurd, but it's good persuasion.

A lot of people do extra stuff like Bill of Sale and FFL xfers because they aren't familiar with the law, don't want to get in trouble and err on the side of caution. If you aren't comfortable with advice from internet keyboard jockeys and have an extra $40 for piece of mind, only a select few here will hate on you for going to the FFL.
 
Lol, what sucks is that people would do that and think they found a loophole.
Something doesn't have to be true to be reported by journalists, just sensational or emotionally triggering a targeted group of people. It even happens to gun enthusiasts, and in fact, has kept the NRA relevant.
 
The whole notion of calling something that's not illegal a "loophole" is absurd, but it's good persuasion.

A lot of people do extra stuff like Bill of Sale and FFL xfers because they aren't familiar with the law, don't want to get in trouble and err on the side of caution. If you aren't comfortable with advice from internet keyboard jockeys and have an extra $40 for piece of mind, only a select few here will hate on you for going to the FFL.

I've bought and sold a few guns privately in Indiana so I don't mind selling face to face. Also I appreciate the helpful information, I just misread the requirements based on thinking the gun needed to be transferred separately and not that it's set to my residency.
 
just misread the requirements based on thinking the gun needed to be transferred separately and not that it's set to my residency.
Easy to do, no worries. If you think about it, though, this would mean that there was effectively national registration (i.e. your guns were tied to an IN license). While the "left" might swoon over the idea, it is still supposed to be a no go issue.
 
Look at that... a happy ending! The OP got a little education and now doesn’t have to bother with an FFL to complete his sale. :)
 
..our neighbors in SC don't have to deal with the permits we do.


I was buying a gun recently from a fella that had moved here about a year ago from Mass. The first year here he was so giddy with his new found freedom he bought about 20 handguns. Since cooling off he decided to sell some on local Armslist. When he came to the office he said he had called the Sheriff's office to ask for advice on what to do or get when selling a handgun to an individual. He said the desk Sgt told him his Only advice was to find a well lit area. He was still smiling when he got to me.
 
I've bought and sold a few guns privately in Indiana so I don't mind selling face to face. Also I appreciate the helpful information, I just misread the requirements based on thinking the gun needed to be transferred separately and not that it's set to my residency.

What part of Indiana do you hail from? I lived outside of Evansville for 4 years and was active at Red Brush Rifle Range.
 
Going to an FFL for the transfer is NOT a requirement. That said, it's your sale and your prerogative to insist on an FFL transfer.

The process would be to contact the FFL and ask about how they want you to proceed. Their store, their rules. Most often the cash changes hands while you're at the FFL doing the paperwork.

If you choose NOT to go through an FFL, to be LEGAL you must do the following:

- Both parties must be NC (same state) residents.
- The buyer MUST provide a valid NC identification
- The buyer MUST either
---- provide
a valid Pistol Purchase Permit issued by the chief LEO (usually the Sheriff)
or
---- display a valid NORTH CAROLINA Concealed Handgun Permit

That is it. Full stop. Nothing more is required for legality.

OPTIONALLY....

- You may request copies of above - many buyers will decline and it's your option to proceed or stop. YOU ARE NOT REQUIRED to retain copies of the above. It may make you feel warm and fuzzy, but it's not a requirement.

- You may request a completed Bill of Sale - same as above, may produce warm fuzzies but is NOT a requirement.
Just my personal experience $0.02... Had a similar deal with a guy on fakebook. Explained these rules to him, but he still wanted an FFL "transfer". I met him at FFL, FFL checked my CHP, I inspected the weapon, money exchanged hands, FFL filled out a handwritten, generic bill of sale, had us sign, asked for his $20, and gave us copies of said BOS. Seller didn't believe me about NC rules up to this point. I think he then realized he spent $20 for something we could have done closer to home, and for free.

Sent from my SM-N960U using Tapatalk
 
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Twice I have been a buyer in somewhat similar situations. First time, I was buying a gun that was from an estate in Pennsylvania. The executor of the estate was a NC resident (the daughter of the former owner who died). She was not a gun person and wanted to make sure everything was above board, so she had an FFL in Pennsylvania ship the gun to a local FFL in NC. She paid the shipping, I paid the transfer fee, and I was the proud owner of a Belgian made BHP. :) Was all of this necessary? The FFL transfer here in NC definitely was, but the way I read the law (and I am not a lawyer) it appeared to me that, as the executor, she could have delivered the gun from Pennsylvania to the local FFL herself. (Somebody correct me if I am wrong). Anyway, we both felt good about the transaction the way it was performed.

Another time, in a situation almost identical to the OP, a friend, who had formerly lived in New Jersey but was now a NC resident, wanted to sell me a gun he had purchased in Jersey. After he explained to me all the ridiculous hoops he had to go through in Jersey just to buy the gun, I understood why he wanted to go through a FFL transfer here in NC. Luckily, the local FFL that we both frequent regularly agreed to do the transfer and waived their fee (we both deal with this FFL quite a bit). Better safe than sorry.
 
I was in a shop when a guy from NY was making his guns “legal” here in NC. The dealer was “processing” the guns since he brought them in from out of state. Dealer never said a word to the guy that he didn’t need to do this.
I just kept my mouth shut, very hard for an ex NYer. :D:p
 
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I was in a shop when a guy from NY was making his guns “legal” here in NC. The dealer was “processing” the guns since he brought them in from out of state. Dealer never said a word to the guy that he didn’t need to do this.
I just kept my mouth shut, very hard for an ex NYer. :D:p
What did he do?

Write the serial numbers down on a Krispy Kreme napkin, soak it in Cheerwine, then shove that down in some Bojangles pintos?
 
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