how to sell guns?

[solon]

Does anyone know how to sell guns?

I inherited about a dozen guns recently. Rifles, shotguns, and handguns. These are real, working guns, not toys.

Some I want to sell, some I want to sell to friends and family members (i.e., people I know personally), and some I might give away. Are there different rules in these cases?

Two of the guns were given to specific family members in the will (that is, the will specifically names the guns and the family members). Can the estate just give them away, or is there a process for this too?

Assume I know nothing, please dump anything you can think of in this thread.

[elysianfields]

Hi Solon,

Handguns which cross state lines must be transferred by federally-licensed arms dealers, and the purchaser / recipient is subject to a background check.

Google found this for me:  https://thegunzone.com/where-to-sell-firearms-online/

A close relative who was dying of cancer had a trusted friend sell some 25 firearms for him online before he passed on, I don't remember which site he used.

[FINate]

Gun laws vary widely by state. Some are lenient whereas others are strict. I believe OH is on the lenient side and allows private party transfers w/o any special steps, but you can be criminally charge if you provide a gun to an unqualified individual. How well do you know and trust these folks?

You're safest bet is to use the services of a Federal Firearms Licensee (FFL). These are people licensed to be in the firearms business. You should be able to find a listing of FFLs near you and they will typically charge $20-$50 per gun transfer, which includes a background check. IMO this is a small amount to ensure you don't run afoul of firearm laws. This is especially true if crossing state lines.

For guns you want sell, either sell via a dealer or you can list on websites such as gunbroker.com which require buyers to either have a FFL or enlist the services of a FFL to complete the transaction.
 

[JLee]

Ohio law here: https://codes.ohio.gov/ohio-revised-code/section-2923.20

Some plain english explanation here: https://www.uslawshield.com/spring-cleaning-private-firearm-sales-in-ohio/

Basically as long as you are selling to someone of appropriate age (18+ for long gun, 21+ for handgun) who is eligible to own guns (e.g. not convicted felon, not addicted to controlled substance, etc), you are both Ohio residents, and the transaction happens in Ohio, nothing particular needs to be done.  Personally, I would keep a bill of sale with date/serial number/names for my own records, in case there were ever any questions down the road.

If you want to be 100% sure everything is in the clear, many gun stores, pawn shops that sell guns, etc will do FFL transfers for a nominal fee. NJ got crazy (I think my local dealer is $80 for an FFL fee) but a quick search shows at least one in Ohio that charges $25.  IMO it would be worth $25 per gun to verify background check/etc and put responsibility for the transfer to the FFL holder and purchaser.

Edit: forgot the inheritance part.  From what I've been able to find (note: I am not a lawyer), there is no specific requirement.  I would want to make sure there's no prohibited possessor situation happening (e.g. if a firearm was willed to a convicted felon, maybe don't give it to them and consult an attorney instead), but otherwise it seems the same as private sales - no specific requirement / no record keeping required. 

[GuitarStv]

Ohio law here: https://codes.ohio.gov/ohio-revised-code/section-2923.20

Some plain english explanation here: https://www.uslawshield.com/spring-cleaning-private-firearm-sales-in-ohio/

Basically as long as you are selling to someone of appropriate age (18+ for long gun, 21+ for handgun) who is eligible to own guns (e.g. not convicted felon, not addicted to controlled substance, etc), you are both Ohio residents, and the transaction happens in Ohio, nothing particular needs to be done.  Personally, I would keep a bill of sale with date/serial number/names for my own records, in case there were ever any questions down the road.

If you want to be 100% sure everything is in the clear, many gun stores, pawn shops that sell guns, etc will do FFL transfers for a nominal fee. NJ got crazy (I think my local dealer is $80 for an FFL fee) but a quick search shows at least one in Ohio that charges $25.  IMO it would be worth $25 per gun to verify background check/etc and put responsibility for the transfer to the FFL holder and purchaser.

Edit: forgot the inheritance part.  From what I've been able to find (note: I am not a lawyer), there is no specific requirement.  I would want to make sure there's no prohibited possessor situation happening (e.g. if a firearm was willed to a convicted felon, maybe don't give it to them and consult an attorney instead), but otherwise it seems the same as private sales - no specific requirement / no record keeping required. 

Man, those Ohio laws have loopholes you could drive a semi through.

They list a whole bunch of things you're not supposed to do as far as gun sales go . . . can't sell to a felon, can't sell to someone with a drug addiction, can't sell to someone with an indictment, can't sell to a drunk, can't sell to someone who is mentally incompetent . . . but no provision at all is made for the person selling the weapon to determine the status of that.  Effectively it's an honour system of "don't ask, don't tell" with zero real chance of repercussion for the person selling the weapon.

So to the OP . . . ask the age of the person buying the weapons, ask if they live in your state, and do a best guess if they're obviously drunk or high.  There is zero legal requirement to do more and your responsibility is discharged at that point.  From a legal perspective you don't need to know their name, ask about their history, take the weapons to an FFL holder, do a background check, or to keep any sort of record.  At least, that's according to the ATF's best practices for private sales - https://www.atf.gov/file/58681/download

[JLee]

Ohio law here: https://codes.ohio.gov/ohio-revised-code/section-2923.20

Some plain english explanation here: https://www.uslawshield.com/spring-cleaning-private-firearm-sales-in-ohio/

Basically as long as you are selling to someone of appropriate age (18+ for long gun, 21+ for handgun) who is eligible to own guns (e.g. not convicted felon, not addicted to controlled substance, etc), you are both Ohio residents, and the transaction happens in Ohio, nothing particular needs to be done.  Personally, I would keep a bill of sale with date/serial number/names for my own records, in case there were ever any questions down the road.

If you want to be 100% sure everything is in the clear, many gun stores, pawn shops that sell guns, etc will do FFL transfers for a nominal fee. NJ got crazy (I think my local dealer is $80 for an FFL fee) but a quick search shows at least one in Ohio that charges $25.  IMO it would be worth $25 per gun to verify background check/etc and put responsibility for the transfer to the FFL holder and purchaser.

Edit: forgot the inheritance part.  From what I've been able to find (note: I am not a lawyer), there is no specific requirement.  I would want to make sure there's no prohibited possessor situation happening (e.g. if a firearm was willed to a convicted felon, maybe don't give it to them and consult an attorney instead), but otherwise it seems the same as private sales - no specific requirement / no record keeping required. 

Man, those Ohio laws have loopholes you could drive a semi through.

They list a whole bunch of things you're not supposed to do as far as gun sales go . . . can't sell to a felon, can't sell to someone with a drug addiction, can't sell to someone with an indictment, can't sell to a drunk, can't sell to someone who is mentally incompetent . . . but no provision at all is made for the person selling the weapon to determine the status of that.  Effectively it's an honour system of "don't ask, don't tell" with zero real chance of repercussion for the person selling the weapon.

So to the OP . . . ask the age of the person buying the weapons, ask if they live in your state, and do a best guess if they're obviously drunk or high.  There is zero legal requirement to do more and your responsibility is discharged at that point.  From a legal perspective you don't need to know their name, ask about their history, take the weapons to an FFL holder, do a background check, or to keep any sort of record.  At least, that's according to the ATF's best practices for private sales - https://www.atf.gov/file/58681/download

yup, murika....

[SunnyDays]

Or you could avoid the chance of them falling into the wrong hands, sooner or later, by just having them destroyed.

My dad did that with a couple of old hunting rifles - just took them to the police station and they dealt with them.  This is in Canada, but I assume the same thing is possible in the US?

[Nutty]

You got good links above.

Guns are tools with special restrictions.  If you want to maximize value, then a person to person legal sell is the best way.  Find out if these are collectable or have a special value, a local gun shop should give you a good idea if you don't have a friend familiar with them.  On line auction sites will give you a good idea too.

If you just want to be gone and don't care about value, taking them to a gun shop or pawn shop for a legal sale will get them off your hands quickly.  Both shops will offer low values and will do the paperwork, as will any FFL, and document the transfers.

[YttriumNitrate]

About a decade ago I was looking for a 22 rifle and ended up getting it through Armslist.com. Since it was in Indiana, and not a handgun, there was no paperwork involved.

I've also been waiting for a gun buyback to happen near me to offload a super-cheap barely-functional muzzle loader.

[Drink Coffee And Stack Money]

I've actually sold many guns. As others have said, almost any FFL (Federal Firearms License) licensed gun store/dealer will do the transfer for you for $25-$50. If the firearms are crossing state lines it will be about double the cost because the firearms will need to be shipped from one dealer/FFL holder to the other dealer FFL holder in the destination state. It's really a pretty easy process that doesn't take much time. My recommendation is to do a proper transfer of the firearm, even if it's transferring to family and in the same state. This way you have zero liability if the firearm is ever used in a negative way.

[SnipTheDog]

Also, many gun shops will do consignment sales.  They will handle the paperwork and vetting of the buyer.

[GilesMM]

Depending on your state and relationship to the deceased, you may not have legally inherited them. Best to check.

[Telecaster]

Also, many gun shops will do consignment sales.  They will handle the paperwork and vetting of the buyer.

That's the way to go, IMO. 

[solon]

Also, many gun shops will do consignment sales.  They will handle the paperwork and vetting of the buyer.

That's the way to go, IMO.

Yeah, I'm going to look for a place that can store, consign, background check, and ship for me.

[solon]

I've actually sold many guns. As others have said, almost any FFL (Federal Firearms License) licensed gun store/dealer will do the transfer for you for $25-$50. If the firearms are crossing state lines it will be about double the cost because the firearms will need to be shipped from one dealer/FFL holder to the other dealer FFL holder in the destination state. It's really a pretty easy process that doesn't take much time. My recommendation is to do a proper transfer of the firearm, even if it's transferring to family and in the same state. This way you have zero liability if the firearm is ever used in a negative way.

Thanks for this. I was leaning toward running them all through this process, even the gifts. I hadn't thought about future liability until now though.

[Chris Pascale]

Peggy Hill had some nice gun sales through her bookstore. Just call Rusty Shackleford in Arlen, TX.

For more info, check out the "King of the Hill" episode Full Metal Dustjacket.

[spartana]

My state, Calif, allows direct transfers between parents/grandparents and children (and vice versa) without having to go thru a FFL dealer. However the person receiving the firearm is still required to meet any legal standards for ownership and must register the firearm. They are also required to take a state firearms safety course unless the are former LE or military. Your state may have something similar.

"California's gun laws provide that certain immediate family members can conduct paperless transfers of legal firearms. “Paperless” means the person transferring the gun does not have to be a licensed firearms dealer and is not required to run a background check on the recieptient?"

[Nutty]

"California's gun laws provide that certain immediate family members can conduct paperless transfers of legal firearms. “Paperless” means the person transferring the gun does not have to be a licensed firearms dealer and is not required to run a background check on the recieptient?"

Depending on your local laws, pistol sales from one state resident to another of the same state (intrastate) does not require paperwork.  Long guns, rifles and shotguns, can be sold between residents of the same or adjoining states without paperwork, but not pistols. If your states do not touch, time for an FFL transfer.

The Feds' jurisdiction is only allowed for interstate commerce, not intrastate.  I know there is a lot of discussion around guns.  Don't be concerned with person to person sales being legal.  People lie on the gun store forms also.  The biggest is "are you a user of illegal drugs?" 

[spartana]

"California's gun laws provide that certain immediate family members can conduct paperless transfers of legal firearms. “Paperless” means the person transferring the gun does not have to be a licensed firearms dealer and is not required to run a background check on the recieptient?"

Depending on your local laws, pistol sales from one state resident to another of the same state (intrastate) does not require paperwork.  Long guns, rifles and shotguns, can be sold between residents of the same or adjoining states without paperwork, but not pistols. If your states do not touch, time for an FFL transfer.

The Feds' jurisdiction is only allowed for interstate commerce, not intrastate.  I know there is a lot of discussion around guns.  Don't be concerned with person to person sales being legal.  People lie on the gun store forms also.  The biggest is "are you a user of illegal drugs?"

Yeah each states laws are different and it's pretty variable between them. Something most non-USA citizens don't realise. Im in Calif and it's the most restrictive state and almost every in-state (and I believe between different state residents) purchase or transfer has to be thru a FFL and includes all the background checks, 10 day waiting period for handguns, safety course, age restrictions, etc... Other states are much less restrictive. Not sure where the OP is and where he plans to sell but will likely need to go through a FFL in most cases.unless, ya know, he's in, say, Texas ;-).

[GuitarStv]

"California's gun laws provide that certain immediate family members can conduct paperless transfers of legal firearms. “Paperless” means the person transferring the gun does not have to be a licensed firearms dealer and is not required to run a background check on the recieptient?"

Depending on your local laws, pistol sales from one state resident to another of the same state (intrastate) does not require paperwork.  Long guns, rifles and shotguns, can be sold between residents of the same or adjoining states without paperwork, but not pistols. If your states do not touch, time for an FFL transfer.

The Feds' jurisdiction is only allowed for interstate commerce, not intrastate.  I know there is a lot of discussion around guns.  Don't be concerned with person to person sales being legal.  People lie on the gun store forms also.  The biggest is "are you a user of illegal drugs?"

Yeah each states laws are different and it's pretty variable between them. Something most non-USA citizens don't realise. Im in Calif and it's the most restrictive state and almost every in-state (and I believe between different state residents) purchase or transfer has to be thru a FFL and includes all the background checks, 10 day waiting period for handguns, safety course, age restrictions, etc... Other states are much less restrictive. Not sure where the OP is and where he plans to sell but will likely need to go through a FFL in most cases.unless, ya know, he's in, say, Texas ;-).

He's in Ohio.  State laws there are very lax - they require that you check the age of the person buying the weapons, ask if they live in state, and do a best guess if they're obviously drunk or high.  No paperwork needed.  No FFL needed.  No liability as far as I can tell if you meet those extremely lax requirements.

[solon]

I'm in Ohio, but the guns are in another state, and some interested buyers are in a 3rd state.

[Telecaster]

He's in Ohio.  State laws there are very lax - they require that you check the age of the person buying the weapons, ask if they live in state, and do a best guess if they're obviously drunk or high.  No paperwork needed.  No FFL needed.  No liability as far as I can tell if you meet those extremely lax requirements.

They are lax, but if the gun is ever used in a crime the cops will look for the last known owner and come around asking questions.   Chances of something bad happening are very low, but paying $50 to not talk to the cops is worth it to me.   

[GuitarStv]

He's in Ohio.  State laws there are very lax - they require that you check the age of the person buying the weapons, ask if they live in state, and do a best guess if they're obviously drunk or high.  No paperwork needed.  No FFL needed.  No liability as far as I can tell if you meet those extremely lax requirements.

They are lax, but if the gun is ever used in a crime the cops will look for the last known owner and come around asking questions.   Chances of something bad happening are very low, but paying $50 to not talk to the cops is worth it to me.

I mean . . . literally this is how the conversation would go:

"Did you sell a gun to some guy"
"Yep."
"Did he look like he was of age?"
"Yep."
"Did he say he lived in state?"
"Yep."
"Did you know he was a criminal?"
"Nope."
"Did you do a background check?"
"Nope."
"Did you do any paperwork?"
"Nope."
"OK, have a nice day sir.  You've followed all of the laws our state requires for transfer of a deadly weapon."

I mean, I'm not discouraging you to go through an FFL.  There's just zero legal reason to if you're selling in state in Ohio - you have no liability and everything runs on the honor system.  (Out of state for the scenario OP has mentioned it makes a lot of sense.)

[BlueMR2]

In my part of OH, I went to an FFL to do a private transfer and they refused as it was not legally required.  Not sure if you'll find a shop that will step into a private transfer like that.

I don't mind buying/selling with close friends privately, but am not confortable selling to a stranger that way.  I take the hit on the price and sell it to a shop that I know will then have to run a NICS check before they sell it again.

[jim555]

Garage sale.

[mrl]

Do you have Netflix? This is covered fairly well in the movie "War Dogs"

[Tigerpine]

Just last week I took a gun to the local police station in a semi-rural town in Wisconsin for disposal.  The police officer took a look at it and asked if I didn't mind waiting just a bit.  He called someone he knew who collects mid-20th century guns who he thought might be interested.  Sure enough, about 10 minutes later this guy pulls up to the police station parking lot and the police officer acted as middleman in the sale of the gun.  No paperwork, background check, or anything else required.  Hand over the money, hand over the gun.  Done and done.

When I had called earlier, the same police station suggested I sell it at a gun show.

[Nutty]

Just last week I took a gun to the local police station in a semi-rural town in Wisconsin for disposal.  The police officer took a look at it and asked if I didn't mind waiting just a bit.  He called someone he knew who collects mid-20th century guns who he thought might be interested.  Sure enough, about 10 minutes later this guy pulls up to the police station parking lot and the police officer acted as middleman in the sale of the gun.  No paperwork, background check, or anything else required.  Hand over the money, hand over the gun.  Done and done.

When I had called earlier, the same police station suggested I sell it at a gun show.

Interesting.  Mind sharing what brand and caliber or other details that would make it collectable?

[Tigerpine]

It was a 0.22 caliber Luger handgun from mid-20th century.

[FINate]

I'm in Ohio, but the guns are in another state, and some interested buyers are in a 3rd state.

This is very obviously a situation where an FFL needs to be involved. Have those receiving the guns (named in will, buyers) cover the modest fees.

[nara]

Thank you for posting this! I'm in the same position as well where I'm also trying to decide what to do with a deceased family member's firearms. I'd like to sell some of them but don't really know how to go about it.

[zolotiyeruki]

I'd like to add one minor correction--if the sale is crossing state lines, you don't need an FFL in each state. You only need the FFL in the buyer's state. A private party seller can ship the firearm directly to the buyer's FFL, who runs the background check on the buyer.

[Romag]

Here is what I would do...
Go to Gunsinternational.com
Do an advanced search using your area code or others in driving distance.
Find a seller who is listing lots of guns.
Call them, confirm they are an FFL Holder and ask them to do consignments.
They will price, advertise, sell, transfer and ship the guns.
They will likely take 15-20% of the sale price.

[Missy B]

Every time I see this topic, I have a 'Breaking Bad' flashback.

I know this is a reasonably normal topic in the States, but I'm Canadian and it's like.... "Guns! Gah!"

[RetiredAt63]

Every time I see this topic, I have a 'Breaking Bad' flashback.

I know this is a reasonably normal topic in the States, but I'm Canadian and it's like.... "Guns! Gah!"

I know, the discussion is so casual. 

It's not like we don't have guns here, we do. I knew lots of people with long guns when I lived in farm country (coyotes etc.) A friend and I, many years ago, went to a Ducks Unlimited fundraising dinner and we bought raffle tickets just to give more support.  She won a gun.  There was so much paperwork involved to actually get it (she definitely didn't want it) that I think she just told them to keep it.

Anyway, OP, I hope it all gets done without too much hassle.

[solon]

I found a pawn shop that does auctions. I put the guns and a lot of other stuff on there. Check it out if you're interested. https://flatmountain.hibid.com/catalog/559471/117-in-the-heat-of-summer-auction--july-20

There are a lot of things in this auction: guns, jewelry, loose gems, comics, coins, tools, etc. Also, there is more than one estate in the auction - not all of it is ours.

[ATtiny85]

@solon , any success here over the last month? The recent OT thread about gun selling made me think about your attempt.

[solon]

All the guns sold at the auction I mentioned right above your post. Simple and painless. The pawn shop that conducted the auction also handled all the federal paperwork and the shipping, so once I dropped off the guns my next action was to cash the check.

[Drink Coffee And Stack Money]

All the guns sold at the auction I mentioned right above your post. Simple and painless. The pawn shop that conducted the auction also handled all the federal paperwork and the shipping, so once I dropped off the guns my next action was to cash the check.

Nice! Hopefully you got some decent money for them. Regardless, it sounds like the easiest solution, which I find is sometimes better than wasting time trying to maximize every dime.