Private purchase questions...

[mongo]

Greetings all, I am currently in the market for a used 1911 and have seen some great deals on the for sale forum here. I am totally unfamiliar with this whole concept, so I have a bunch of newbie questions.
1. What forms are necessary for this kind of transfer? Where do I get these forms? I do have a friend of the family that owns a gun shop locally and would prefer to have it sent to them.

2. Is there any kind of tax applicable in a different state private transfer?

3. Are there any legal issues involved in a different state private transfer?

4. What recourse do I have if I am not satisfied with the firearm? What kind of "test drive" am I entitled to? I would be able to shoot the firearm at my friend's gunshop, they have an indoor range. Is this basically a "honor among men" kind of deal?

Thanks in advance for your answers,
Mongo

 

[jpIII]

As you didn't list your location, it is difficult to say what forms etc need to be taken care of for your state of residence.

I suggest you speak to your friend of the family who is a licensed gun dealer for the details of your area. He should have all of the paperwork you need.

A background check is involved, and perhaps more depending on residence.

Tax??? I'm really not sure. I'm sure someone will come along to talk about it.

What recourse do I have if I am not satisfied with the firearm?

My opinion is buyer beware. As with any other item you purchase without seeing it, certain risks are taken regarding what you will get.

Hope this helps,

good luck, and welcome to THR
JP

 

[repsychler]

All of the below assumes you and the buyer live in relatively free states. If places like California, Illinois, or Massachusetts are involved, make yourself aware of all applicable local laws.

1. If you and the buyer live in the same state, you can sell the gun to each other face to face like it was any other personal property. (Again, KNOW YOUR STATES LAWS)
Otherwise, you will send a copy of your friend's FFL to the seller, and he will ship the gun to the dealer and a normal transfer will be done then. Your dealer friend will have the forms needed.

2. Ask your dealer friend about tax. Some dealers charge tax based on the price of the gun, some on what they charge for transfer, others nothing.

3. There's always legal issues involved. Welcome to 2004. :/

4. The best advice I can give is ASSUME NOTHING. It's not uncommon for a seller to allow a 3-7 day inspection period so you can verify the gun is as advertised. This generally does NOT include firing the gun, especially if it's new or collectible.
The only real reason you should need to return the gun is if the seller misrepresented it. Do your research in advance. Don't buy a gun from someone then expect to return it because you changed your mind about it.

 

[spacemanspiff]

there is a forum just below the buy/sell/trade where buyers and sellers rate the business they have completed with one another. very few have had reviews that are poor, and members who have been around and participating in THR are typically trusted sources.

may want to check it out, and maybe your decision to buy will be affected by whom is selling.


personally, i've never seen a seller offer a buyer the option to return it after shooting a firearm they have bought. there usually is a 3-day inspection granted, but don't assume all sellers will go with that.

sometimes i'll do a search for other posts made by a person selling an item i'm interested in. you might find other background on what they are selling, and get a general idea for their nature based on what they post, what forums they frequent, etc.

i dont think any seller here on THR would ever want a buyer to be unsatisfied with their transaction.

 

[JBP]

For an interstate transfer of a non-antique or C&R firearm the following rules apply:

1. What forms are necessary for this kind of transfer? Where do I get these forms? I do have a friend of the family that owns a gun shop locally and would prefer to have it sent to them.
Gun shops have all the forms you need (federal & state). You will have to send the seller of the firearm a signed copy of your friend's FFL.

2. Is there any kind of tax applicable in a different state private transfer?
Normally not. I do have dealings with one FFL that charges sales tax.

3. Are there any legal issues involved in a different state private transfer?
It depends on your state.

4. What recourse do I have if I am not satisfied with the firearm? What kind of "test drive" am I entitled to? I would be able to shoot the firearm at my friend's gunshop, they have an indoor range. Is this basically a "honor among men" kind of deal?
Most sellers have a three day no-shoot inspection policy. If you are not satisfied you can return the firearm and have your money refunded except for shipping charges.

 

[mongo]

Thanks all, I guess I forgot to add in my profile that I live in the crappy state of Illinois

 

[WilderBill]

Since you live in a suburb of hell your choices are:
jump through several legal hoops and hope they don't decide one day to come take your gun.
or
do a private face to face cash deal with someone you know and trust and hope that one day they don't come to take YOU away.
Sorry.
I don't see any other options.

 

[snug]

Most notably for any "Private Sale" in any state both parties must
be residents of that state, The "Feds" take out warning ads
for both buyers and sellers in our weekly swap mag.
First warning buyers about Felony history and second any
Domestic or Protection Order Convictions. AND Another regarding the
residency issue.
Sales Tax on private sales varies by location in 99.9% none
is usually paid unless the item must be registered or transfered
by some State or Local Agency.

 

[Stinkyshoe]

snug
Are you saying that because Feds take out those ads, it is unlawful to do a private transfer? I don't know seriously, I am asking you. Do they do it to 'buffulo' us good and uninformed citizens?
Thanks in advance
Ss