Selling a rifle in MD?

[timkz]

I read the laws on the MSP site but want to be sure that I don't do something stupid. I have a rifle that I purchased online from Buds and picked it up at a local FFL. Since it is registered in my name, do I need to transfer it through an FFL to the new owner if I make a private sale or can I just sell it outright without any paperwork? BTW it's a Hi-Point 995 carbine. Thanks.

 

[kalister1]

As long as it is legal to sell that rifle in Maryland, you can transfer it without any paper work at all.
Having said that, I would require the buyer to give me a copy of his drivers license and sign a Bill of Sale stating that He/She is legally allowed to own a firearm in the State of Maryland. Do the same for the Buyer, that way you both have a paper trail to prove were the rifle came from / went to.

 

[Blkhawk870]

Like Kalister said its not a problem as long as it is a legal rifle to sell in MD. I use the bill of sale from the link below and verify all of the information on their driver's license.

https://texasguntrader.com/billofsale.pdf

 

[timkz]

Thanks!

 

[c4snipar]

For the seller: how does he knows if that gun is been sold to a felon？
For the buyer: how does he knows if that gun is clean?

Sorry if this been asked in other threads.

 

[SigMatt]

For the seller: how does he knows if that gun is been sold to a felon？
For the buyer: how does he knows if that gun is clean?

Sorry if this been asked in other threads.

You ask if the person owns guns, ask to see ID to prove they are a state resident and use your gut instinct. Felons are generally not going to be trying to buy guns privately from law-abiding citizens. Too risky.

An easy way to detect a felon is ask them if they'd be willing to meet you at a gun store and transfer it via a dealer. If they suddenly get skittish or object to the idea, don't make the sale.

As for a buyer and a stolen gun, you generally don't. Again, common sense rules here.A gun in original packaging or from a known owner is generally going to be legitimately owned.

 

[c4snipar]

You ask if the person owns guns, ask to see ID to prove they are a state resident and use your gut instinct. Felons are generally not going to be trying to buy guns privately from law-abiding citizens. Too risky.

An easy way to detect a felon is ask them if they'd be willing to meet you at a gun store and transfer it via a dealer. If they suddenly get skittish or object to the idea, don't make the sale.

As for a buyer and a stolen gun, you generally don't. Again, common sense rules here.A gun in original packaging or from a known owner is generally going to be legitimately owned.

I guess that help, but I personally would put at a store for consignment sale or go to Msp for a transfer? and definitely not feel comfortable buying from a private sale unless do the transfer at Msp. That feeling of not know for sure just kills me.

 

[RoadDawg]

For the seller: how does he knows if that gun is been sold to a felon？
For the buyer: how does he knows if that gun is clean?

Sorry if this been asked in other threads.

The truth is that you DON'T know for certain...

However, there are things which you can do to reduce the risk.

FIRST... As a seller... You must be able to say that there are no reasons to cause you to believe that the buyer is a prohibited person. If you can reasonably make that claim, you have satisfied the requirement of the law.

As to what you can do...

Including but not limited to:

- Require a Maryland drivers license and a signed bill of sale before agreeing to sell.

- Require the buyer to meet you at a local Police Station or MDSP Barrack for the exchange/sale/transfer.
[Even though there is no MDSP paperwork involved, it will be EXTREMELY rare to find a prohibited person who will agree to meet you there.]

- Conduct the exchange through a local FFL.
[Remember that the expense of doing so needs to be negotiated in the terms of the sale. I personally do not want to pay an FFL when buying a firearm from a private seller. It adds needless expense to the deal and if I want to buy from the FFL, I will go to the FFL to shop. I know I will, I've seen me do it. ]

- Sell it via consignment at any FFL.
[Certain secondary issues develop with this method. If the firearm is there for more than a certain amount of time... and does not sell, or you chose to stop the sale. YOU the owner will be required to pass a NICS check to retrieve it. And there will be charges that must be paid to the FFL.]

 

[c4snipar]

The truth is that you DON'T know for certain...

However, there are things which you can do to reduce the risk.

FIRST... As a seller... You must be able to say that there are no reasons to cause you to believe that the buyer is a prohibited person. If you can reasonably make that claim, you have satisfied the requirement of the law.

As to what you can do...

Including but not limited to:

- Require a Maryland drivers license and a signed bill of sale before agreeing to sell.

- Require the buyer to meet you at a local Police Station or MDSP Barrack for the exchange/sale/transfer.
[Even though there is no MDSP paperwork involved, it will be EXTREMELY rare to find a prohibited person who will agree to meet you there.]

- Conduct the exchange through a local FFL.
[Remember that the expense of doing so needs to be negotiated in the terms of the sale. I personally do not want to pay an FFL when buying a firearm from a private seller. It adds needless expense to the deal and if I want to buy from the FFL, I will go to the FFL to shop. I know I will, I've seen me do it. ]

- Sell it via consignment at any FFL.
[Certain secondary issues develop with this method. If the firearm is there for more than a certain amount of time... and does not sell, or you chose to stop the sale. YOU the owner will be required to pass a NICS check to retrieve it. And there will be charges that must be paid to the FFL.]

Good to know!

 

[Threeband]

You can check out the buyer on Case Search, also.

If you sell through this forum, you can look over the buyer's posting history and get a feel for them.


As for the "registration" thing, that Carbine is not actually "registered". You filled out a Form 4473 when you bought it, and the FFL is required to keep that piece of paper available for ATF inspection until he retires, at which time it goes to the ATF.

But that's not the same thing as "registration", not even the quasi-registration which Maryland has for handguns. (Which I have always argued is NOT a true registration system, if only because it's so chaotic, disorganized, incomplete, and unreliable.)

For instance, nobody can do a search of any database and see that Hi Point Carbine "registered" to you. Barring the existence of a super-secret illegal database somewhere, the information that you own that carbine does not exist in any searchable form anywhere. It's simply not "registered".

All there is is that piece of paper in a box in the back of a gun store somewhere. Someone has to actually dig out at that particular Form 4473 in order to trace the gun to you.

Now you would be amazed how quickly the ATF can trace that carbine to you if they have the serial number want to trace it. They contact Hi Point, who tells them "We shipped that to Buds on such and such a date." Then they contact Buds, who tell them, "We shipped that one to such and such FFL on this date." Then they go to that FFL, and he goes in the back room and digs out that Form 4473 you filled out. Then they come knocking on your door. At that point, you want to be able to tell them, "I sold it to Quentin B. Teppichfresser. Here is his name and address, and his driver's license number."

They can do all that in a matter of hours if they want to. I recall when some drunken trailer-park redneck on the Eastern Shore shot an LEO, the ATF traced the shotgun within a few hours.


This is assuming that the super-secret illegal database does not, in fact, already exist. Apparently, the ATF has been building that illegal database for years, but it's got to be pretty incomplete. We hope.

 

[Whitey]

What I've always done is Bill of Sale only if I know the person. Bill of Sale and photo copy of driver's license if I do not know them. Then is something would go amiss down the road you have a lot of info to give the authorities to prove you sold it to an actual real human being whom provided information claiming they were legit. Not necessarily required, but recommended by a good amount of people. I sure would hate to have my butt sued down the road for not actually doing anything wrong.

 

[jimbobborg]

Why not ask for a concealed carry permit or voter registration card?

 

[Threeband]

Why not ask for a concealed carry permit or voter registration card?

That would be racist.

 

[Hawkeye]

Why not ask for a concealed carry permit

Because in Maryland you just limited your prospective buyers to about five people.