Selling as an individual at a gun show?

[m0par]

What are the legal issues with a non-licensee (no FFL) getting a table at a gun show and offering a number of firearms for sale? I'm just talking one or two shows, but possibly around 30 firearms.

I see a relocation in the not too distant future, and am thinking of getting rid of a good percentage of my stuff, firearms included.

I know I can't be "in the business", and of course that is intentionally vague so that the powers that be can decide on a whim exactly what it means. Does anyone have experience selling a number of firearms at a show as a private individual?

Better just to put 'em on gunbroker a couple at a time, or put 'em on consignment with a dealer?

[RobertH]

i think this is right... just make sure you see their Driver's license and Firearm Purchase Certificate or CCW.  that makes sure they are not a felon.  a bill of sale is also a good idea, but not required.  someone correct me if i'm wrong.

doing gunbroker and shipping them is kind of a pain, FTF is a lot easier and quicker.  consignment through a dealer is ok, but you will lose a lot in fees and they may not want to take all 30 or even 10.  thats a lot of extra paperwork and waiting, but YMMV.


BUT.... what stuff are you selling exactly.... i mean, the members here would love to get the first shot.

i, personally, like to collect Cobray stuff.  you know, just sayin'   

[FarmerRick]

i think this is right... just make sure you see their Driver's license and Firearm Purchase Certificate or CCW.  that makes sure they are not a felon.  a bill of sale is also a good idea, but not required.  someone correct me if i'm wrong.

That's all I would do when I set up at gun shows. I bought a cheap little receipt book at Office Depot to give buyers a receipt if they wanted one, which wasn't very often.

Be sure to transfer through an FFL at the show if the buyer is from out of state for long guns, or if you are selling handguns it would need to ship to a FFL in their home state.

[shooter]

keep a written book, if you still have the original receipts, write them down in the book, or guess at what the price is,  your price you bought then at has to be higher than what you are selling them for, wink! wink!

   the book will have guns listed, what you paid for them, and what you sell them for, as long as you arnt making money, you are not dealing in firerarms,   you should be safe that way. also as others say,.  see a permit and get a signed receipt.


  ALOS!!!  list them here, Im always looking for new toys.

[FarmerRick]

keep a written book, if you still have the original receipts, write them down in the book, or guess at what the price is,  your price you bought then at has to be higher than what you are selling them for, wink! wink!

   the book will have guns listed, what you paid for them, and what you sell them for, as long as you arnt making money, you are not dealing in firerarms,   you should be safe that way. also as others say,.  see a permit and get a signed receipt.


  ALOS!!!  list them here, Im always looking for new toys.

None of that is necessary for selling part of a private gun collection.

[shooter]

None of that is necessary for selling part of a private gun collection.

    It can be used to prove that you are not in a business, showing that you are not making a profit, that's how they catch people, if they are making money selling guns, you have to have a liscense

[JTH]

    It can be used to prove that you are not in a business, showing that you are not making a profit, that's how they catch people, if they are making money selling guns, you have to have a liscense

You can make money selling a gun, and still not require a license.   If I sold a gun privately to someone and made a profit on it, that doesn't automatically make me "in the business" of firearms. 

It is certainly true that the grey area of "in the business" is something that the ATF uses as a threat, though.  And keeping track of what guns you have sold isn't a bad idea.

[newfalguy101]

I hold an 01FFL and to be "engaging in business" requires repetative buying and selling. It has NOTHING to do with making a profit, or los for that matter.



I think you would be surprised how many non-licensees there are behind the tables at gunshows.

To the OP, get the table or tables, and enjoy yourself.  Be honest about being a non-licensee  as stated above, follow all the rules ( state resident, legal age etc  ) and you will be fine.

[m0par]

Thanks for all the info. Seems like getting a table might be a good option. Too bad I have to work next weekend during the Kearney show. That would have been too easy (but maybe too soon).

No, I don't have a complete list yet. Still deciding what I can live without, and contacting a couple friends for first dibs. I may just say to hell with it and put everything but one pistol, rifle, and shotgun on the block. Depends on where I end up moving, I guess. There's no real hurry at this point though. Just looking at my options.

[newfalguy101]

The GI show is the first weekend in May.

[David Hineline]

No problem selling your guns and thinning the herd, just don't be buying stuff at the gun show and putting it on your table at the gun show for sale.

[depserv]

I knew someone awhile back (friend of a friend) who earned a living working for ATF (which I guess stands for Agency for the Termination of Freedom).  He was a former street criminal who worked as a snitch, among other things.  One thing he did occasionally was cruise around at gun shows trying to get sellers to do something illegal so he could get a bust.  So any time anyone sells a gun, at a gun show or anywhere else, they should assume that if they do not personally know the buyer, he might be an ATF agent looking for an excuse to get them defined as a criminal, which can have some serious consequences.

I have a few guns I want to sell, 2 long and maybe a handgun or two, so I'd like to ask those who know more than I do about the subject what for sure I need to do to make sure I don't become a victim of one of Obama's agents of disarmament.  From what I see so far on this thread all I have to do for a long gun is check their driver's license to make sure they are a resident of Nebraska, and as long as they don't say anything about being someone who can not legally buy a gun I'm ok even if it turns out that they can not legally buy one; I have no legal obligation to do a background check in other words or to see a CCW or purchase permit; is that correct?  I'm sure it would be a good idea to ask to see a permit, but if they don't have one, I assume it's still legal to sell to them.  Am I right about that?

Also, does the same apply to selling a handgun?  Can I legally sell to any Nebraska resident as long as I have no reason to believe that he is a member of a prohibited class?

Also, I suppose it would be a good idea to get their name and address off their driver's license and keep a record of it, but am I required to keep any kind of record like that?  Some people prefer that government have no way of finding out what guns they own, and it's not because they're a criminal, it's because they don't trust the government.

Thanks for all the good information. 

[SemperFiGuy]

Handgun Sales are a Separate Category:

If you are selling as an individual and not selling though an FFL dealer, then the buyer must have either a:

Nebraska Firearm Purchase Certificate (actually, handgun purchase permit, obtained from a county sheriff), or
Nebraska Concealed Handgun Permit (obtained from the Nebraska State Patrol after completing appropriate class)

It would be useful for you or any other seller to review Nebraska State Statutes 69-2401 through 69-2425 prior to arranging a handgun sale.

Always a good idea to have a full bill of sale to verify transfer of ownership:

>Names/addresses of each party
>Date
>Verification of age of buyer.   (Buyers must be 21.)   
>List of documentation used to consummate sale  (NE Driver's License, CHP, FPC, whatever, w/serial numbers)
>Full identification of handgun:  Mfgr, model #, caliber, serial number, etc.
>Signed duplicate copies for both parties  (In case the handgun is used inappropriately in the future, seller then has proof
              that the handgun was transferred to someone else.)

Buyer and seller must both be Nebraska residents.   Handguns brought into Omaha or located elsewhere and owned by an Omaha resident must be registered with the Omaha Police Department, unless owner holds an NE CHP.


sfg