Rules and Regs for Selling Handguns
I am working on a pre estate auction of about 15 impeccably maintained handguns from a lifetime marksman, and marksmanship teacher.
I am a power seller on ebay, but since I cannot sell these there, I have been researching the rules and regulations for selling pistols on online sites and my head is spinning. I realize that these transactions need to be shipped to a local gun dealer with a current FFA license. Also, you should know that these are not antique or curio guns.
Other than that, are there any tips that I need to take into account in terms of my liability for selling these?
I just want to cover my bases and make sure I have not left anything out. All total there are 15 very well maintained weapons. The only reason he is selling, is that he is terminally ill.
Let me know if you have any thoughts on rules and regs I should know. I am an honest person and want to conduct this business legally on his behalf. Thanks in advance for your help.
Girls just wanna have guns ;O)
I am a power seller on ebay, but since I cannot sell these there, I have been researching the rules and regulations for selling pistols on online sites and my head is spinning. I realize that these transactions need to be shipped to a local gun dealer with a current FFA license. Also, you should know that these are not antique or curio guns.
Other than that, are there any tips that I need to take into account in terms of my liability for selling these?
I just want to cover my bases and make sure I have not left anything out. All total there are 15 very well maintained weapons. The only reason he is selling, is that he is terminally ill.
Let me know if you have any thoughts on rules and regs I should know. I am an honest person and want to conduct this business legally on his behalf. Thanks in advance for your help.
Girls just wanna have guns ;O)
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It's a FFL, Federal Firearms License.
Sell them thru this site, handguns must be shipped overnight.
They have instructions on the sellers page here about shipping.
http://www.gunbroker.com/user/ShippingGuide.asp
The buyer would mail you a signed copy of the FFL doing the transfer. You can only mail it to the address on the license.
Insure it.
Some states may not allow your handguns to be shipped there...like California. They only allow 'approved' handguns to be shipped there.
Put wording in the auction that it is the buyers responsibility to ensure the item can be shipped to his locality/state.
Good luck.0 -
Not exactly.
A nonlicensee (that's you) can ship a long gun (rifle or shotgun) by USPS, FEDEX, or UPS. However, you cannot ship a handgun by USPS. Handguns can only be shipped by FEDEX or UPS Next Day Air, & they will not accept a handgun from you if you are selling it. They will, however, accept it if it is being sent for repair, & you must ship from a company customer service counter. So, you must declare a handgun as "handgun for repair". (If you tell them it is "machine parts", & it is lost/damaged, they will not pay the insurance.)
As long as you are shipping only to an FFL, you don't need to worry about state/local law; the receiving FFL will know these.
As you can see, it gets tricky. You may want to consider finding a local dealer, & pay him to ship the guns for you.
Neal0 -
Thank you so much for the replies. I truly appreciate it. They were both very helpful and gave me more to think about. I think I have the license lingo right now ;O) too.
The man I am listing for inquired with local dealers, but the area we live in is rural, and consists of mainly rifle shooter. These are all very expensive, very top of the line handguns..not really what the average buyer around here is into. Basically there is no market for them, and he would like fair prices. I went into his reloading room, and it's cleaner than my house! All of these guns of his are impeccable and I want him to get top dollar, which will not happen in rural Oregon.
One more quick question about your auctions. I sell on ebay as a power seller, with nearly 1100 transactions, and 100% positive feedback. I have no credibility built up on this site. What are my chances of selling these with no feedback? Can I import feedback from ebay like you can with other sites?
Girls just wanna have guns ;O)0 -
There is no way to import feedback, but many new sellers will state to check out their feedback on Ebay and list their username from over there. It helps give some credibility to a new seller.
My border collie is smarter than your honor student.0 -
One last question. All of his guns were purchased before the registration, paperwork laws were in effect. So they do not have the appropriate paperwork. Is this a big deal for selling, or does the mere act of shipping to a dealer with an FFL generate the necessary paperwork for a legal transaction?
Thanks for your help,
Jil
Girls just wanna have guns ;O)0 -
Many here will be hesitant to bid if you have no feedback, so referring people to your eBay identity definitely can help.
I'll also raise the issue about "you" selling them. If your relationship with the owner of these firearms is a good friend or relative and you are just doing a favor, you shouldn't have any problems, but if you are selling these as a "business transaction"--and especially if you are taking possession of the guns for the sale--you are technically "dealing in firearms without a license"--which is a crime. If the firearm owner is a stranger to you (and selling online for people is your "business"), I would suggest that you want to make sure that you are only handling the auction details of this transaction. The bidder should know that you are just handling the online auction and that the firearm owner will be shipping to the receiving FFL.
If this is sounding complicated, you, or the firearm owner, might try using the "find a receiving FFL" search feature at the auction to find a local FFL who you/the owner could ship from. Saying in your auction description, that the firearm is being shipped from a FFL would help ease people's concerns when you have no feedback and would assure that you don't end up in a position where you are "dealing in firearms without a license."
"Strength is the outcome of need; security sets a premium on feebleness." -- H.G. Wells (The Time Machine)0 -
Unless they were maunfactured in the 1800's they need to go thru an FFL. If I were conducting an auction I would hire a local FFL holder and in the auction discolsure I would add the line "all firearms purchased thru this auction will have to be transferred thru "John Doe" a licensed firearm dealer. Honest buyers will not have a problem with this and instead of you paying his transfer fee's and phone call cost he can add them on at the end. Just a thought.
PJ
If nobody seen you do it, how could you have done it. NRA Endowment Member, AF&AM0 -
quote:Originally posted by jilibean
One last question. All of his guns were purchased before the registration, paperwork laws were in effect. So they do not have the appropriate paperwork. Is this a big deal for selling, or does the mere act of shipping to a dealer with an FFL generate the necessary paperwork for a legal transaction?
Does Oregon have "registration" of handguns? What do you mean by "appropriate paperwork"? State laws vary; there is Federal paper work to fill out when one buys a firearm, but there is not Federal registration. Some states have their own registration laws or own forms when purchasing a firearm.
Prior to 1968 firearms did not require any Federal paperwork to buy--are you saying these firearms were all purchased prior to 1968?
Assuming there are no current violations of Oregon state laws--meaning he was supposed to have registered these and he didn't--I see no problems with a sale now. The transfer to the FFL will generate the required paper trail.
"Strength is the outcome of need; security sets a premium on feebleness." -- H.G. Wells (The Time Machine)0 -
I do not know the full laws for Oregon. I will research that. I have noticed that this state (I'm a former CA girl) does kind of have this "Wild West" mentality and they are not into paperwork, government regulation, etc. And almost everyone I know has a gun (or many) and I can nearly guarantee you that none are registered. Whether or not I personally agree with this or not, isn't the point. I am a law abiding person, and I will not conduct any business illegally. I did talk with the ATF last week, and was told that if I am acting as auctioneer only, I personally do not need the permit, unless I am keeping the guns at my place of business on a true consignment basis, which I am not.
The man I am selling for is a family friend. He's taught marksmanship for the military, competed regularly, etc. Guns are ,or were, his life. He currently has leukemia and his sitution is not looking good. He is trying to clear out some of these things now so his wife will not have to deal with all of the firearms in the event of his death.
No, the guns are not old. They are newer COlts, S and W's, Ruger, Beretta, Essex, and a few more. I will be listing his reloading supplies on ebay, or maybe this site would be a better venue for this?
To sum it up, it seems like as long as I ship from dealer to dealer, and I am not actually taking posession of the guns, but merely acting as auctioneer, I should be okay in terms of being legal, correct?
Girls just wanna have guns ;O)0 -
I just went to the NRA website for Oregon. I guess you don't need a permit..only to carry concealed.
Girls just wanna have guns ;O)0 -
Either way and just to ease his mind I would have them transfered thru an FFL holder and never have to look back for doing it the right way.
competentone has made some very valid points also but I think everyone will agree that it's better to cover your behind up front than to have something come back and bite you in it.
PJ
If nobody seen you do it, how could you have done it. NRA Endowment Member, AF&AM0
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