# Buying a handgun from an individual



## lg_mouth (Jun 7, 2004)

I am in the market for a good handgun and am a little nervous about buying from an individual. How does this work, since the handgun should be registered in his name. Is it legal to buy one without going through an FFL? Thanks for the info.

lg_mouth


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## freyedknot (Apr 10, 2004)

yes you can buy one from a private owner without an ffl. thats how most guys do it at the gun shows. only the licensed dealers need the registration form. just be sure the individual is a trustworthy person,so you know it is not a hot piece.


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## lg_mouth (Jun 7, 2004)

Being a stolen firearm, that is my fear. I guess it is a risk that anyone takes buying a gun from an individual. 

Thanks for the info.

lg_mouth


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## FISHIN 2 (Jun 22, 2005)

If your a little leary of buying a handgun from someone other than a dealer, ask the seller if they mind a serial number check. Get the serial number and most law enforcement agency's will run the serial no to see if it's a stolen gun. Also, doesn't hurt to SEE the other persons ID. Swap info, GET A RECEIPT, Make a RUBBING of the serial no, both parties sign the receipt, and date it. No problems, cover your butt!. If they have a problem with you checking out the serial no., then I would stay away from it. Mike


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## BigV (Nov 11, 2004)

I have purchased and sold a few hand guns over the years and I ask for their drivers license. I copy the name, license number and address along with the serial number on the firearm. I keep them stored in a safe place. If ever questioned, I have all the information I need to show who I purchased / sold a gun to or from.


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## H2O Mellon (Apr 5, 2004)

Two ways of looking @ that. I think I'd be little hesitant on giving my address, SSN & OH DL # to a stranger at a gun show. For instance @ the local gunshows you should only sell to an individual that you know is an Ohio resident over the age of 21. I've had people ask for my ID when buying off an individual.


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## Smallmouth Crazy (Apr 4, 2006)

If I felt leary about the person as a individual I wouldnt sell to them period.


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## Shaun Frame (Mar 27, 2006)

lg_mouth said:


> I am in the market for a good handgun and am a little nervous about buying from an individual. How does this work, since the handgun should be registered in his name. Is it legal to buy one without going through an FFL? Thanks for the info.
> 
> lg_mouth


It is legal for an unlicensed individual to purchase a firearm from an unlicensed seller ONLY if you reside in the same state as the seller. 

When a transaction takes place between two "private" (unlicensed) parties residing in the same state, there is no State or Federal record keeping requirements.

It is not necessary under Federal Law for a Federal Firearm Licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same state" residents.

Also, it is perfectly legal to send firearms by common carrier or mail (handguns must go CC) between private parties without going through an FFL licensee, IF both parties are "same state". 

The Horses Mouth


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## littleking (Jun 25, 2005)

why dosent ogf allow handgun sales?


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## fishingful (Apr 5, 2004)

http://www.ohiogamefishing.com/community/showthread.php?t=36011 
here you go king i was the last one to post a hand gun


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## lg_mouth (Jun 7, 2004)

Thanks for the info. Now when I get some money, maybe I can put some of this info to good use!

lg_mouth


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## Orlando (Apr 12, 2004)

Shaun Frame , Are you sure about shipping a handgun. I'm under the impression you cannot ship a handgun unless you have a FFL.


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## dakotaman (Oct 19, 2005)

I personally prefer private sales for firearms.


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## Shaun Frame (Mar 27, 2006)

Orlando said:


> Shaun Frame , Are you sure about shipping a handgun. I'm under the impression you cannot ship a handgun unless you have a FFL.


Yes Orlando, as long as it is a "same state" transaction, no FFL is required by either party. Long guns (rifles, shotguns) can be mailed USPS or shipped by common or contract carrier(FedEx, UPS, etc.). Handguns MUST be shipped common or contract carrier. Again, the key is that both parties reside in the same state.

Most gun shops or FFL licensee's will not tell you about this as they make quite a bit of money off those that are ignorant of the regulations.

ATF regulation [18 U.S.C. 922(a)(2)(A), 922(a) (3), 922(a)(5) and 922(e), 27CFR 478.31 and 478.30] states:


> _A nonlicensee may ship a firearm by a common or contract carrier to a resident of his or her own State or to a licensee in any State. A common or contract carrier must be used to ship a handgun. In addition, Federal law requires that the carrier be notified that the shipment contains a firearm and prohibits common or contract carriers from requiring or causing any label to be placed on any package indicating that it contains a firearm._


Also, ATF reg [18 U.S.C. 1715, 922(a)(3), 922(a)(5) and 922 (a)(2)(A)]


> _A nonlicensee may not transfer a firearm to a non-licensed resident of another State. A nonlicensee may mail a shotgun or rifle to a resident of his or her own State or to a licensee in any State. The Postal Service recommends that long guns be sent by registered mail and that no marking of any kind which would indicate the nature of the contents be placed on the outside of any parcel containing firearms. Handguns are not mailable. A common or contract carrier must be used to ship a handgun._


It is also legal to ship a firearm to YOURSELF in ANY state for the purpose of hunting, competition, etc, without requiring an FFL.

I hunt a lot out West, and in the past I have mailed firearms to the outfitter or guide that I was hunting with. 

The package should be addressed to the owner (you), and persons other than the owner (you) can NOT open the package and take possession of the firearm.

Eg.: To: Shaun Frame C/O Joe Buckiller's Guide Service
1333 Mossy Horn RD
Smegma, AZ 65239

When the hunt is over, you can box it back up and send her home. It comes in handy when you plan on taking multiple firearms on a hunting trip, and want to avoid airport BS.

Crunch up that link I posted for the ATF and read for a while.

It pays to know the law.


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## Orlando (Apr 12, 2004)

Thanks for the info. Guess I have had it wrong all these years.


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## Silver Streak (Sep 1, 2006)

Now that we covered the legal stuff, I would say that the thing to be worried about is the condition of the gun itself. There are a few guns at each gun show that have problems that you don't want to take home. It is important to stick to what you know or get a knowledgeable buddy to come along to help.


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## lg_mouth (Jun 7, 2004)

Thanks for the good advice Silver. I have very limited experience with handguns, but have a buddy who is a handgun enthusiast. So, when I go to make the purchase, I will have him tag along and help. 

lg_mouth


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## lg_mouth (Jun 7, 2004)

...and see what happens. Or, better yet, contact an admin and let him know what you have to list and they will either tell you to go ahead or shoot you down (no pun intended!).

Lg_mouth


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