Selling an old handgun

Flametamer · Jul 19, 2017

Please accept my apologies if I am duplicating prior information here. I just spent more than an hour searching and reading, and I'm more confused that when I started. Silly me...

I own an excellent condition 1944 handgun that I am considering selling. I am trying to decide wether use this gun, or sell it off to someone who might preserve it for posterity. I am a history buff and love old guns, but I have no interest in collecting safe queens, historic or otherwise. I have been told in another thread that this particular item is collectable and would be of interest to a select subset of collectors.

My question is simply how to legally sell the gun if I decide this is the route to go. I do not have a C&R license. I see lots of posts C&R to C&R sales, and some on C&R to non-C&R buyers, but have not seen a post about non-C&R to _____. Perhaps I simply missed it? Any enlightenment will be greatly appreciated; thanks.

shootin the breeze · Jul 19, 2017

Let's see if I get this right...

If you're selling in state then C&R doesn't matter. It has to transfer via FFL or MSP. If you're selling out of state then you could ship direct to a C&R if you had a C&R. Since you don't you will have to ship to an FFL in the buyer's state for transfer. You will have to contact that FFL to see if they'll take a shipment from you or if they require it to come from another FFL.

MDS to correct in 3, 2, 1...

Biggfoot44 · Jul 19, 2017

Selling within Md borders the same as any ( post 1898 ) handgun. ( Let us know if questions about that.)

Additionally, you may sell to (normal) FFL or 003 C&R holder in any other state, either in person, or via FedEx .

But the important question , whatcha got ?

Biggfoot44 · Jul 19, 2017

003 C&R may purchase direct from seller in any state per Federal law.

Matlack · Jul 19, 2017

Biggfoot44 said:
Selling within Md borders the same as any ( post 1898 ) handgun. ( Let us know if questions about that.)

Additionally, you may sell to (normal) FFL or 003 C&R holder in any other state, either in person, or via FedEx .

But the important question , whatcha got ?

It doesn't require an hql from the buyer. Other than that, yes it's the same.

Biggfoot44 · Jul 19, 2017

Duhooo ! Head slap ! That's one of my main talking points of all time, and I had brain fade in the clutch.

dontpanic · Jul 19, 2017

What is it?

Sundazes · Jul 19, 2017

dontpanic said:
What is it?

Yea, what he said....

Biggfoot44 · Jul 19, 2017

Ok , I checked the OP's post history. It is presumably the M1903 Colt .32acp, excellent condition, with WWII provence. ( Unless he has somthing else Primo not yet mentioned to us.

No , don't use it as a shooter . If you don't care to keep it ( in the safe) as a family heirloom, it deserves to go to a Colt Collector and/ or Martial Collector.

Not wanting to tarnish MDS's rep for being the fount of all knowledge, there is a Colt Collector's forum . The good people there can give up to date specific advise , at least after pestering you for hi res pics , so they can drool over it .

Melnic · Jul 19, 2017

003 C&R may purchase direct from seller in any state per Federal law.

This is a bit misleading. Yes, you can but only across state lines.
If face to face within MD, you need to go through FFL or MSP barracks and use the new online system to initiate it.
C&R pistol does make a difference in MD (you having a C&R/FFL03 makes no difference for transfers within MD) . The difference is that the buyer does NOT need an HQL to purchase a C&R pistol.

If you carry it out of state and you have C&R/FFL03 (I see you say you don't so this is moot for you) & Buyer has C&R/FFL03, you can do the transfer out of state (like at a gun show). Just so long as you are not selling a prohibited pistol in the buyer's state. Many people do this and many people say they won't do this. (IANAL).

My advice is :
You have 50+ posts so you can sell on classifieds.
Post up what you have and people will give an assessment of a fair price.
Post that you will meet on your terms @ a local MSP barracks for Initiating transfer and payment of item.
Buyer pays MSP fee.
Final transfer can be at MSP again once the 7 day wait is over and the email is done. (I don't recall if you have to go online or to MSP barracks to finish the xfer).

IMO, selling online and dealing with shipping is WAY more painful for the first time seller than MSP barracks is.
Doing an FFL03 to FFL03 out of state is the easiest.

Good Luck.

Flametamer · Jul 19, 2017

Thanks for the really quick responses! I am feeling more betterer about a sale now that I have such august advice.

Bigfoot, you investigative skills are spot-on - the 1903 .32 is the subject handgun. Thanks also for the referral to the Colt Collectors forum; am checking there now. Working on getting some good pics made, just trying to get the lighting to be more cooperative...

Abulg1972 · Jul 19, 2017

shootin the breeze said:
If you're selling out of state then you could ship direct to a C&R if you had a C&R. Since you don't you will have to ship to an FFL in the buyer's state for transfer.

Q: To whom may an unlicensed person transfer firearms under the GCA?

A A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

Q: May a nonlicensee ship a firearm by common or contract carrier?

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.

Alphabrew · Jul 19, 2017

Biggfoot44 said:
003 C&R may purchase direct from seller in any state per Federal law.

Except for one state. Care to guess which one in this case?

knastera · Jul 19, 2017

Melnic said:
This is a bit misleading. Yes, you can but only across state lines.
If face to face within MD, you need to go through FFL or MSP barracks and use the new online system to initiate it.
C&R pistol does make a difference in MD (you having a C&R/FFL03 makes no difference for transfers within MD) . The difference is that the buyer does NOT need an HQL to purchase a C&R pistol.

If you carry it out of state and you have C&R/FFL03 (I see you say you don't so this is moot for you) & Buyer has C&R/FFL03, you can do the transfer out of state (like at a gun show). Just so long as you are not selling a prohibited pistol in the buyer's state. Many people do this and many people say they won't do this. (IANAL).

My advice is :
You have 50+ posts so you can sell on classifieds.
Post up what you have and people will give an assessment of a fair price.
Post that you will meet on your terms @ a local MSP barracks for Initiating transfer and payment of item.
Buyer pays MSP fee.
Final transfer can be at MSP again once the 7 day wait is over and the email is done. ( I don't recall if you have to go online or to MSP barracks to finish the xfer ).

IMO, selling online and dealing with shipping is WAY more painful for the first time seller than MSP barracks is.
Doing an FFL03 to FFL03 out of state is the easiest.

Good Luck.

You don't have to return to the barracks. Once you have received the "Not Disapproved" email message, you're good to go and can make the transfer in any non-prohibited area. Some people will say that you can transfer after seven days, regardless of having the email message or not. Legally, I believe that's the case, but if I was doing a private sale, I'd wait for the email message.

Squaregrouper · Jul 19, 2017

Alphabrew said:
Except for one state. Care to guess which one in this case?

New Jersey and Maryland.

Biggfoot44 · Jul 20, 2017

I'm pretty sure Cali also.

Selling an old handgun

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