A Question About Selling a Handgun

[CaptainVane]

I would not take any chances on shipping to CA, MA, NJ, IL, NY, MD, CT.
If you try to research it you will find lots of conflicting and incomplete information.
By eliminating the above states you will save yourself a lot of time and trouble.
Would not be worth it to me, but it may for you.

Maryland here. Its a ship-to state. No problems. Have bought 3 pistols, 2 from Gunbroker, no FFL required on BP pistols.

 

[smoothshooter]

Ok,, but you need to explain that.
Let's just say I'm the shipper of the "sold" gun, I have received my funds.
I ship it direct to address,,
How(?) will there be "time and trouble" on my side???
That's the point,,,,,, if your answer is "not worth it" that's fine too,, but your not explaining the trouble.(?)
As a shipper, what's the trouble?

So far in this thread, I have seen, get a link providing an age verification of ID, and confirmation from the buyer of his required shipping address.

How do "I" as the shipper have trouble if I ship to CA,MA,NJ,NY,MD,CT,,,,,???????
Honest question,,,

The trouble is doing the research.
The laws can vary between State and Municipality in the same state. And subject to change from year to year.
Could take hours or days to gather accurate information.

 

[sussexmuzllodr]

State to State where the law does not classify the weapon as a firearm. States that do classify as a Firearm I would go though a FFL of the buyers Choice. All associated fee,s would be on the buyer. At one point long guns in NJ could be transferred between two parties with foid cards. no longer. Must be done at a FFL dealer no matter what you are transferring. I am sure other blue States are Similar. not sure if both the buyer and seller would have to be present at the destination FFL?

 

[htredneck]

With all the bad advice all the internet legal experts toss out, I'm truly surprised this site has any firearms listed, let alone sell.

 

[sussexmuzllodr]

With all the bad advice all the internet legal experts toss out, I'm truly surprised this site has any firearms listed, let alone sell.

not so much bad advice vs. the confusion surrounding the original post. Thing,s vary so much from State to State it,s hard to try to figure out sometimes.
Where it is ok in some States it could jam you up in others.

 

[prob]

If you need to send it to any of the states listed above, I’d insist on sending to an FFL to cover your rear end. Even if you don’t need to , like California, you DON’T want to be the test case of some zealous anti gun prosecutor.

First, California, as bad as it is, has ZERO restrictions on the buying and selling of black powder firearms. Also, demanding that a cap and ball revolver be sent to an 01 ffl is simply ridiculous.

Stop trying to make it more difficult for those of us stuck in this state than it already is.

 

[CaptainVane]

Last spring a guy on GB was selling a pistol i liked. From NY. Great. Will mail check, when clears, send it to me.
He says nope. Has to send to FFL. Reason? If he doesn’t send to FFL, NY will still show he owns it. Sorry buddy, keep it.
So apparently in NY can you not receive without going thru an FFL, you can’t sell without going thru an FFL.

 

[Sam squanch]

Ive read the NYS statute and I don't come up with that. It looks like an unloaded muzzleloading pistol is still classified as an antique, not a firearm.

However, an original flintlock musket from 1790, is a firearm, loaded or not. Add to that the fact that the LGS says muzzleloaders don't require a background check, and I'm confused.

The people who write these laws must be smoking crack.

It’s confusing ON PURPOSE. So most people will not bother, and the cops can slam you if they want to with flimsy evidence.

 

[Two Feathers]

Howdy guys:
For what's worth. My $0.02 says; part out the pistol, sell the parts on fleabay or etsy and don't make this mistake again, OR get an FFL gun shop to sell it on consignment for you. Maybe I missed the point of this thread, but again just my $0.02 for what I gleaned from the conversation.
God bless:
Two Feathers

 

[Blitz]

I would not take any chances on shipping to CA, MA, NJ, IL, NY, MD, CT.
If you try to research it you will find lots of conflicting and incomplete information.
By eliminating the above states you will save yourself a lot of time and trouble.
Would not be worth it to me, but it may for you.

Calif is OK I have purchased several on this from members on this forum.

Blitz

 

[sussexmuzllodr]

I completely understand the frustration of those that live in Cali. And many other States like Cali. good people that enjoy things but are up against the wall with decision,s made by those in Charge. All the while not endorsing or sharing the same beliefs. Not everyone can just pack up and leave a place.

 

[Rick Son]

Ok,, but you need to explain that.
Let's just say I'm the shipper of the "sold" gun, I have received my funds.
I ship it direct to address,,
How(?) will there be "time and trouble" on my side???
That's the point,,,,,, if your answer is "not worth it" that's fine too,, but your not explaining the trouble.(?)
As a shipper, what's the trouble?

So far in this thread, I have seen, get a link providing an age verification of ID, and confirmation from the buyer of his required shipping address.

How do "I" as the shipper have trouble if I ship to CA,MA,NJ,NY,MD,CT,,,,,???????
Honest question,,,

California is fine ship fed Ex.they ask no questions Black powder is not considered a gun here in Ca. you all have an advertisent for small shot guns you break them open and put aq cap in the barrel, they are fine to ship to California.

 

[Boatncamp]

Last spring a guy on GB was selling a pistol i liked. From NY. Great. Will mail check, when clears, send it to me.
He says nope. Has to send to FFL. Reason? If he doesn’t send to FFL, NY will still show he owns it. Sorry buddy, keep it.
So apparently in NY can you not receive without going thru an FFL, you can’t sell without going thru an FFL.

I think you will find that it was his view, maybe that of his transfer office but not necessarily the law. I am guessing that he had lawfully put it on his pistol permit here in NY. It was a few years back, but since the original SAFE Act, my son was gifted an old S&W unmentionable by his father-in-law. My son did not have his pistol permit and was moving out of state(to free America). We put it on my wife's permit for the time being to get it off the original donor's pistol permit. (Long story was that the father-in-law bought a desk from a friend and hidden inside was this prewar pistol) Once my son was established in his new residence out of state, simply completed the amendment form stating his name and information and that it was out of state. Only when transferring inside NY do you need to go through an FFL and show that it went to another permit holder. IMO

 

[CaptainVane]

I think you will find that it was his view, maybe that of his transfer office but not necessarily the law. I am guessing that he had lawfully put it on his pistol permit here in NY. It was a few years back, but since the original SAFE Act, my son was gifted an old S&W unmentionable by his father-in-law. My son did not have his pistol permit and was moving out of state(to free America). We put it on my wife's permit for the time being to get it off the original donor's pistol permit. (Long story was that the father-in-law bought a desk from a friend and hidden inside was this prewar pistol) Once my son was established in his new residence out of state, simply completed the amendment form stating his name and information and that it was out of state. Only when transferring inside NY do you need to go through an FFL and show that it went to another permit holder. IMO

I have no doubt everything you say is correct. I was like ‘seriously?’ When he told me that.

 

[Jay Templin]

Last spring a guy on GB was selling a pistol i liked. From NY. Great. Will mail check, when clears, send it to me.
He says nope. Has to send to FFL. Reason? If he doesn’t send to FFL, NY will still show he owns it. Sorry buddy, keep it.
So apparently in NY can you not receive without going thru an FFL, you can’t sell without going thru an FFL.

Not so. I just bought 4 BP pistols from a relative in NYS last month. They were listed on his CHP, but to sell them out of state he was only required to have a bill of sale showing that they had been sold outside of NYS.
Jay

 

[stikshooter]

Last spring a guy on GB was selling a pistol i liked. From NY. Great. Will mail check, when clears, send it to me.
He says nope. Has to send to FFL. Reason? If he doesn’t send to FFL, NY will still show he owns it. Sorry buddy, keep it.
So apparently in NY can you not receive without going thru an FFL, you can’t sell without going thru an FFL.

I guess it is not a BP pistol cause until next week they do not require an FFL never have !!/Ed

 

[Rawhide67]

Not so. I just bought 4 BP pistols from a relative in NYS last month. They were listed on his CHP, but to sell them out of state he was only required to have a bill of sale showing that they had been sold outside of NYS.
Jay

This gets very convoluted and depends, at least in part, on your county sheriff's Dept and their interpretation of the law. In a nutshell, in NYS, you can own a black powder pistol without a permit. As long as you don't shoot it. If you are going to shoot it, you need a permit. Once it hits your permit, you can't get it off without showing where it went.

I learned this several months ago selling a flintlock pistol on here. Sheriff's Dept said because it was on my permit, it had to go through an FFL to be removed. Local gun store said it's not a firearm so no FFL involvement is necessary. I had already shipped it and was not interested in asking the purchaser to return it. In the end, the clerk from the sheriff's Dept called the gun store and accepted their input. She sent the paperwork to NYS police to remove from my permit and I heard no more about it.

For those wondering, in NYS, the county sheriff determines permit issuance outside NYC and LI. But, NYS police are the data repository and overall controller of rules and regs.

Layers of bureaucracy and rules. It's what we thrive on in NY. NY could make the process of ordering a pizza into a year long ordeal with cost overruns and policy changes that even a lawyer couldn't decipher.

 

[Sam squanch]

Wow. So, if in the unfortunate event your sold flintlock pistol was used in a shooting ( I know, it’s a stretch) and it wasn’t off your permit, the cops would come after you.

 

[snakedoctor690]

I would not take any chances on shipping to CA, MA, NJ, IL, NY, MD, CT.
If you try to research it you will find lots of conflicting and incomplete information.
By eliminating the above states you will save yourself a lot of time and trouble.
Would not be worth it to me, but it may for you.

Please before you give people advise on where not to ship try getting facts. Yes CA has a lot of ridiculous guns laws but as far as black powder firearms go CA has the same rules as the Feds, it is considered an antique and can be shipped to your door with no problems or restrictions. Those of us that still live in CA that enjoy the sport would appreciate people stop doing this as it makes it harder for us to buy because people listen to wrong information and are afraid to send to CA

 

[snakedoctor690]

Ok,, but you need to explain that.
Let's just say I'm the shipper of the "sold" gun, I have received my funds.
I ship it direct to address,,
How(?) will there be "time and trouble" on my side???
That's the point,,,,,, if your answer is "not worth it" that's fine too,, but your not explaining the trouble.(?)
As a shipper, what's the trouble?

So far in this thread, I have seen, get a link providing an age verification of ID, and confirmation from the buyer of his required shipping address.

How do "I" as the shipper have trouble if I ship to CA,MA,NJ,NY,MD,CT,,,,,???????
Honest question,,,

It is perfectly legal to ship to CA I have had many black powder guns shipped to my home with no problems.