Trading/Buying Firearms?

gsdave · 02-11-2009, 08:41 AM

I am selling an old Ford pickup and I had a guy from Montgomery offer me an AR-15 and a Rock Island Armory 1911 .45 handgun for the truck. What is the correct way of going about this? I know if I go to a gun shop and buy a pistol, I'd have to fill out forms and go through a waiting period.

MRS. XTREME · 02-11-2009, 08:47 AM

HMMM.... Where's Rich?????? He knows about this kinda stuff.

85vette · 02-11-2009, 01:41 PM

Quote:

Originally Posted by gsdave

I am selling an old Ford pickup and I had a guy from Montgomery offer me an AR-15 and a Rock Island Armory 1911 .45 handgun for the truck. What is the correct way of going about this? I know if I go to a gun shop and buy a pistol, I'd have to fill out forms and go through a waiting period.

I'm not sure what the laws are pertaining to interstate transport of firearms but I would definately get the serial numbers and have your local sheriff's Office run them through NCIC to make sure they're not stolen. What brand is the AR? You can buy off brands (Bushmaster)for $500.00 and up. I have a Colt HBar Sporter A-2 that cost $1100.00 new in 1991 but it's probably worth around $1500.00 now. My agency issued me a new 1973 M16 so I don't use mine anymore, but it's not for sale. Rich will chime in on this I'm sure. I have no idea what that .45 is worth, I'm not familiar with that brand.

gsdave · 02-11-2009, 01:49 PM

From what I've seen on the .45, it seems to be worth $350 or so and the reviews I've found online seem good.

The AR-15 is "is based on a Double Star receiver with a DPMS 20" heavy barrel and olive drab furniture." That's his description. He says he is the original owner of both.

LEJ ZO6 · 02-11-2009, 02:03 PM

Private sale or exchange of firearms is permitted without the background check and waiting period required if you buy at a gunshop.

Interstate shipping is a different story. The seller must have an FFL dealer ship the firearm out of state to another FFL dealer in the receiving state. The customer can then pick them up from the dealer in his own state.

There is usually a charge on both ends for this courtesy service.

Or, you could just physically meet somewhere convenient to the both of you and perform the private exchange.

gsdave · 02-11-2009, 02:05 PM

Well, we would be physically meeting somewhere for the exchange since he would have to get the truck.

Thanks for the info!

**Rich Z** · 02-11-2009, 02:16 PM

Here's the scoop, at least as I understand it right now.

In a transfer of a firearm between residents of different states, the RECIPIENT must utilize a local FFL for the transfer. The sender is not required to use a FFL to transfer the gun to the receiving FFL. The sender IS responsible for receiving verification that the gun is actually going to a legitimate holder of a FFL.

Since this trade involves firearms, the one trading the firearms to another is considered to be the seller of the firearms. Since he is in Montgomery, and therefore out of state, the recipient must utilize a FFL for the transfer of ownership, and therefore fill out the necessary paperwork when picking up the firearms from the local FFL.

The important legal criteria here is "residency". Although the guy can drive down into Florida, he will still be a resident of Alabama, regardless of where he physically is located at the time of the transfer. So meeting him in person and directly transferring the guns from him to you without a FFL involved, is against federal law for both parties involved.

LS2POWA · 02-11-2009, 04:18 PM

If you feel the trade is worth it, def go through the FFL for the swap...given you'll be on paper for owning one but better to be on paper then behind bars.

Secondly good luck finding an AR-15 in good condition around 500 bucks, specially for a bushmaster. Olympic Arms(which imo are crap) were selling close to 1k couple weeks ago on gunbroker. Hell ask Rich pretty sure he sold some of his ARs for over 1k, specially in this gun market with so many people worried about Obama and the black rifle ban in possible future.

**Rich Z** · 02-11-2009, 05:37 PM

Actually I haven't put many of my AR-15s up for sale yet. I do have a couple of Bushmasters that I will sell once I get around to it. I will probably keep the two Colts I have. My Carbon-15 AR is still up for sale on Gunbroker. This gun is unbelievably light! Feels like something you would find in Toys-R-Us or something. I might just wind up keeping that one. Put a Beta-C mag on it and keep it next to the bed.

I did find out something interesting while talking to BATF today. It is perfectly legal for a person to SHIP a gun to another resident of the same state if they both are residents of that state WITHOUT going through an FFL. The only problem, however, is that as far as I know, no common carriers will accept firearms being shipped through them unless they are going to a FFL. And it is against federal law to not tell a carrier that a gun is in the box being shipped, so you can't legally just ship it hoping the carrier doesn't notice.

gsdave · 02-11-2009, 05:46 PM

Quote:

Originally Posted by Rich Z

The important legal criteria here is "residency". Although the guy can drive down into Florida, he will still be a resident of Alabama, regardless of where he physically is located at the time of the transfer. So meeting him in person and directly transferring the guns from him to you without a FFL involved, is against federal law for both parties involved.

Well, that complicates things a little. Thanks for the info though. I'd rather find out this way than the hard way.