# Handgun sales law?



## Bassthumb (Aug 22, 2008)

What is the law regarding handgun sales? I bought a handgun from an old roomate that I have no use for and would like to sell it. It has only been fired a few times and I was wondering if there is any procedure I have to follow in selling it. My buddy says there is no need, but I want to check just to be sure. It is a Glock 22, 40 caliber nearly brand new.

Thanks,

Bassthumb


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## freyedknot (Apr 10, 2004)

nothing needed except to check his id and take down his info. and or give a receipt with his info on it and the serial # and description of the gun to protect yourself in the future if needed. but , it has to go thru a licensed ffl dealer to cross state lines.


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## BigV (Nov 11, 2004)

Bassthumb said:


> What is the law regarding handgun sales? I bought a handgun from an old roomate that I have no use for and would like to sell it. It has only been fired a few times and I was wondering if there is any procedure I have to follow in selling it. My buddy says there is no need, but I want to check just to be sure. It is a Glock 22, 40 caliber nearly brand new.
> 
> Thanks,
> 
> Bassthumb



The only thing you are required to do is make sure the person you sell to is 21 years of age AND is a resident of Ohio. That's it, no need to document anything. Some folks feel the need to CYA, but I have never kept any documentation of the guns I have sold.


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## Bassthumb (Aug 22, 2008)

Thanks guys. I dont have much experience with firearms. I must admit I was suprised at how little is required to sell / buy a handgun. They make it seem more strict on TV!

Bassthumb


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## Huntinbull (Apr 10, 2004)

If you are buying from a dealer there are more hoops to jump through. Personal sales (from one individual to another without any gunshops/dealers involved) are relatively painless.


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## Orlando (Apr 12, 2004)

Actually you need to ask the following questions:
Are you a Ohio resident (check ID)
21 years of age or older ( check ID)
Are you legally able to own a firearm ? (take their word for it)
If yes to these questions you can legally sell to the individual.


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## Huntinbull (Apr 10, 2004)

Fairly painless.


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## Smallmouth Crazy (Apr 4, 2006)

Orlando said:


> Actually you need to ask the following questions:
> Are you a Ohio resident (check ID)
> 21 years of age or older ( check ID)
> Are you legally able to own a firearm ? (take their word for it)
> If yes to these questions you can legally sell to the individual.


With everything that has been going on as of late with the gunshows I would be sure you do these things.


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## Ward603 (Sep 6, 2008)

I actually had a question about this too. What about the registration on the gun. If I just sell a handgun to someone wouldn't it still be registered to me? Also, where is it legal to advertise to sell a handgun?


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## Orlando (Apr 12, 2004)

There is no handgun registration in Ohio


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## BigV (Nov 11, 2004)

There are lots of internet forums that permit the sale of handguns on them. *This One* (Ohioans For Concealed Carry) for example allows long guns and hand guns to be sold. You must still follow Ohio law when buying or selling a handgun even on an internet forum.
As stated above, Ohio does not require the registration of hand guns or long guns. 
If you sell one and it's later recovered as being used in a crime. The original paperwork will come back as you being the owner. All you have to do is inform the investigator that you sold the gun. You are not required to show any proof that the gun was sold, or who it was sold to.


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## Sharp Charge (Jun 24, 2009)

I recently traded a handgun, we both took the serial numbers from the guns we traded and did a simple email stating the date and parties involved in the transaction. As stated above, there is no requirement to do so in ohio, but that particular gun is registered in another state I lived in so I wanted to CYA.


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## pj4wd (Dec 9, 2009)

Recently contacted the FBI about criminal background checks. I asked what kind of records they keep when someone buy's a gun and they said they distroy records of gun transactions after approval. I also asked how I could get around the waiting period.. Don't like going to buy a gun and the dealer say's "Sorry, you have to wait .If they (Criminal Justice Information Services) call back and clear you, I'll call you and you can come an pick it up. If they don't call back, just come in and pick it up after the three day waiting period." Which is monday-fri.. Sat & Sun don't count, so if you buy it on friday an have to wait you can go pick it up on wednesday, next week. I was told by the FBI that I could apply for a Volintary Appeal File (VAF) which is part of the National Instant Criminal Background Check System (NICS). They sent me a VAF application that you fill out and sign. And a fingerprint card to be filled out and stamped for certification at your local Law Enforcement Agency. This authorizes NICS to "retain" information that would otherwise be distroyed after the approval of the transaction but it should eliminate the waiting period. I haven't mailed it back yet.


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## BigV (Nov 11, 2004)

pj4wd said:


> Recently contacted the FBI about criminal background checks. I asked what kind of records they keep when someone buy's a gun and they said they distroy records of gun transactions after approval. I also asked how I could get around the waiting period..


Do you really believe the FBI destroys records after approval??
How do you think the authorities knew where to go after Katrina when they began to confiscate the citizens of New Orleans guns??

In Ohio there is no such thing as a 3 day wait to purchase a handgun. When the dealer calls in, you are either approved, or you are not. This process normally take minutes to accomplish.


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## pj4wd (Dec 9, 2009)

BigV said:


> Do you really believe the FBI destroys records after approval??
> How do you think the authorities knew where to go after Katrina when they began to confiscate the citizens of New Orleans guns??
> 
> In Ohio there is no such thing as a 3 day wait to purchase a handgun. When the dealer calls in, you are either approved, or you are not. This process normally take minutes to accomplish.


They probably flat out lied to me and just keep all the records. OK I'll agree with that.. About the waiting period, The one I've been through a couple times. Like last month. I went to pick up a caspian frame for a 1911 I'm building, coming along pretty nice to. It must be my imagination or your wrong. I've been approved on the spot a couple of times, then others I've had to wait. I've always got the guns, frames, recievers, AR lowers, whatever I needed a licensed dealer to buy, but for some reason they make me wait sometimes.


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## ODNR3723 (Apr 12, 2007)

There are actually three possible outcomes when you buy a firearm in ohio. Approved, denied, and delayed. The delay is three working days which does not include weekends or holidays as stated in another post. Some folks will get delayed on monday and then be approved tuesday. They dont tell you why either but you can apply for the number pj4wd mentioned in his post. Once this number is obtained it goes on the form beside your ssn.


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## BigV (Nov 11, 2004)

It could be that your name or SS# are similar to someone on the watch list or had committed a felony at one time. 
Not saying it's you, but I have heard of the same thing happening to others. 

I assure you that there is NOT a 3 day wait to purchase a handgun in the state of Ohio. As for me, I have purchased many handguns over the years and never had to wait more than 5 minutes or so and always walk with my purchase the same day.

Post some pic's of the custom 1911, I am a huge 1911 fan!


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## Orlando (Apr 12, 2004)

When delayed and no answer back from NCIS the dealer has the option to release the firearm to you after 3 days. He does not have to release after 3 days he can wait until there is a formal answer.

I know this to be true as I used to get delayed everytime and the dealer knew me and that I always got approved eventually so he would allow me to take the fiream

I always used my SS# but still delayed. Happened for a few years. All of a sudden the delays stopped and I am now approved immediatly. Go figure?
Dealer said he has policemen that get delays


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## trackingirl (Jan 22, 2010)

Isnt the three day waiting period a CITY ordinance only depending on the city limits I do believe. Remember Statwide laws are often overshadowed by township and city ordinances. That is why Ohios Open Carry freedom can get you in a bind depending on where you are. I have this problem when I open carry when I track in different townships.


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## BigV (Nov 11, 2004)

trackingirl said:


> Isnt the three day waiting period a CITY ordinance only depending on the city limits I do believe. Remember Statwide laws are often overshadowed by township and city ordinances. That is why Ohios Open Carry freedom can get you in a bind depending on where you are. I have this problem when I open carry when I track in different townships.


trackingirl - State Law preempts city and local law. Therefore, city's can not make a law requiring a 3 day waiting period if State law does not require it.
That is also true of Conceal Carry and open carry Laws. A city can not prohibit CC or OC of a weapon when the State law permits it. 
You really should have a better understanding of the law if you are a &#8220;tracker&#8221;.


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## trackingirl (Jan 22, 2010)

BigV said:


> trackingirl - State Law preempts city and local law. Therefore, city's can not make a law requiring a 3 day waiting period if State law does not require it.
> That is also true of Conceal Carry and open carry Laws. A city can not prohibit CC or OC of a weapon when the State law permits it.
> You really should have a better understanding of the law if you are a &#8220;tracker&#8221;.


 this is information GIVEN to me by the local lawmakers - so then Im being lied to? this is what I was told by the local sherriff. who do you go to if you can find the truth??? besides your full of it because the city of Columbus does in fact instill a three day waiting period.


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## Orlando (Apr 12, 2004)

Many Law enforcement officials have no idea Open Carry is legal.
Even though it is legal if you carry this way you are risking being arrested by uninformed law enforecemnt.
I suggest you do some reading of Ohios Handguns Laws


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## H2O Mellon (Apr 5, 2004)

Orlando as usual is spot on, so is BigV. Most law enforcement officers that I've came across no understanding of Ohio's OC law. Please make sure that your not concealing your weapon during OC though. That one will bite ya'.


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## Vandal1982 (Oct 6, 2008)

For a firearm purchase in the state of Ohio the FBI does not have any record of the firearm you purchase from a dealer. As a dealer the only thing that gets called in is your identity and type of firearm (long gun, handgun, or other, frame, upper, etc). They do not ask for make, model, serial number or even numbers of firearms. The only exception is if you buy more than one handgun in a seven day period, then a multiple handgun purchase form is filled out and put on record. The only records on file is the info filled out on the federal 4473 you fill out at time of purchase. These are required to be retained/stored on file for 20 years at the business you bought the firearm from. It is never released to another agency unless you were under investigation and they personally come in and ask for a copy of the form. If you are an individual who continually gets delayed for many reasons you can apply through the FBI for a unique identification number which is than filled in the correct line on the 4473 and called in with the form, this should eliminate any delays from then on as long as you keep a clean record.


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## Vandal1982 (Oct 6, 2008)

Trackingirl He is not full of crap, as a person who sells firearms in the city of Columbus there is not a 3 day waiting period. There was a waiting period nearly 3 years ago. Previously you had to go to a dealer pick out your weapon, go downtown and get a purchase permit wait your days and then go get the firearm when and if you passed the background check. This is no longer the case and you can walk into a dealer fill out a 4473 pass the few minute check, pay for the gun, fill out the rest of the paper work and leave the store with the weapon the same day, in most of the time less than a half and hour.


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## WishinIWuzFishin (Jun 17, 2009)

The "Ohio Amended Substitute House Bill 347" passed 11/29/2006 made law that any state firearm law preempts any local firearm law. If Columbus had a 3 day waiting period in effect then, it would have ended with the passage of this bill. The bill also makes it mandatory to award legal fees to anyone challenging and winning a suit against a local gun law that is preempted by state law.


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## WishinIWuzFishin (Jun 17, 2009)

Trackingirl: Either your sources were misinformed or misleading you. Either of which is entirely believable.


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## dinkbuster1 (Oct 28, 2005)

Orlando said:


> Many Law enforcement officials have no idea Open Carry is legal.
> Even though it is legal if you carry this way you are risking being arrested by uninformed law enforecemnt.
> I suggest you do some reading of Ohios Handguns Laws


i myself was ignorant of this fact until recently...
as far as "CCW" goes if you do have one keep a recent "rule book" in your car and stay up to date and educated on the rules. i had a couple "run ins" 2 years ago, one with a "metro park" ranger, another with a nearby small towns cop, and 1 incident last year with another "metro ranger" who all clearly had no idea what the Concealed Carry rules were. after they radio'ed their supervisors and cleared things up they apologized and scooted on down the road.


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## trackingirl (Jan 22, 2010)

WishinIWuzFishin said:


> Trackingirl: Either your sources were misinformed or misleading you. Either of which is entirely believable.


Well on the three day thing my main source was my soon-to-be-ex which partly explains it - make me look the fool again thank you. But I believed him because someone next to me at the Fin got delayed the other day and I was curious about that as I have never had a Problem. My last purchase took all of five minutes. As for Open carry I will have to look into it more but it was brought to my attention by a CCW trainer that the township ordinances are different. So In reality if I go directly to the Local sherrifs office and ask them if OPEN Carry is legal - where can I find the information to back me up? Im still being told that even though OPEN CARRY is legal in Ohio that local ordinances can overshadow that. Which in fact makes no sense to me....


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## trackingirl (Jan 22, 2010)

WishinIWuzFishin said:


> The "Ohio Amended Substitute House Bill 347" passed 11/29/2006 made law that any state firearm law preempts any local firearm law. If Columbus had a 3 day waiting period in effect then, it would have ended with the passage of this bill. The bill also makes it mandatory to award legal fees to anyone challenging and winning a suit against a local gun law that is preempted by state law.


where can I find a copy of this to keep in my pocket?


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## WishinIWuzFishin (Jun 17, 2009)

You can find the whole bill here:
www.legislature.state.oh.us/bills.cfm?ID=126_HB_347
I don't think you're gonna want to print the whole thing up and carry it with you. Might want to read thru and look for parts that pertain to your circumstances. Good luck 

For some reason the url is not coming out right . It should read bills.cfm?ID etc..... after the slash. I've tried to edit it but still can't get it right

Just search for "Ohio Amended Substitute House Bill 347" and you should find it

I've tried several times to correct the url and no matter what I type to edit it comes out as above. I have no idea whats going on.


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## trackingirl (Jan 22, 2010)

Thank you - I will dig deeper. Nothin I hate worse than tellin somone they are full of CRAP only to find out the only one full of it is ME!!! Thats what I like about these forums though and Im reallly glad a good friend (alumcreeker) sent me here.


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## Orlando (Apr 12, 2004)

Here are two good forums. They are mostly about CCW but ddo talk about Open Carry
Feel free to ask questions
http://www.ohioccwforums.org/

http://www.buckeyefirearms.org/


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## WishinIWuzFishin (Jun 17, 2009)

Trackingirl: One thing I've learned on here is that if you post something that is not right, you will be corrected pretty quick. Sometimes the corrections are polite.....sometimes they aren't.


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## trackingirl (Jan 22, 2010)

Oh i totally get that - I moderate another forum Haha!!


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## BigV (Nov 11, 2004)

Here is a synopsis of the bill.
Follow the link I posted and scroll down to HB347, Click it and you will find the bill.
Hope this helps.


http://ohioccw.org/legislation.html

House Bill 347 (Becomes Ohio Law mid-March 2007) 
The current CHL reform bill. Amongst other things, it would: remove the requirement to open carry in a motor vehicle, allow for statewide preemption of local firearms laws (requiring instead that all gun laws be made only at the state level), raise the cost of the license to $55, lengthens the term of the license to five years, allows for renewal of the license up to 90 days before expiration, requires sheriffs to accept CHL applications at least 15 hours per week and post those hours, allows law enforcement officers to transport their loaded firearms if they are legally intoxicated, raises the penalty for mishandling a concealed firearm in a motor vehicle to a fourth degree penalty, and raises the penalty for failure to inform to a third degree felony.


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