Question on person to person sales

[BluejayLaw14]

Hi everyone,

I'm new to NFOA and have a couple questions on sales between people. I have a muzzle loader that I won at a banquet a couple years ago, but really have no use for it. I barely have time to hunt with my regular rifle, and hate seeing a never-used gun languishing. I wanted to post an ad in the marketplace board, but wasn't sure about the regulations for selling a muzzle loader.  Do I need to have an FFL or sell to someone with an FFL, or do I have to fill out some paperwork after the sale? Thanks!

[AAllen]

You are welcome to post in our classifieds.  A muzzle Loader is not considered a firearm so it is pretty wide open to who or how you would sell one.

[barmandr]

Just some additional info...even sales concerning regular firearms, no FFL is needed by either party if the sale is done face to face.  However, to sell a handgun, concealed permits or a nebraska purchase pemit IS required and the parties must be 21 years old minimum.  For long guns, the age is 18.  If you are shipping the firearm, other stipulations must be met.

[BluejayLaw14]

Thank you both! That's very helpful.

[R35P3CT]

A muzzle Loader is not considered a firearm

I did not know this.  I guess I considered it one. 

[CitizenClark]

You are welcome to post in our classifieds.  A muzzle Loader is not considered a firearm so it is pretty wide open to who or how you would sell one.

You are partially correct. Generally speaking, a muzzle loader is not a firearm for purposes of the federal Gun Control Act of 1968 if it doesn't fit in the following categories: [a design that] "incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof." 18 U.S.C. §921(a)(16)(C)

However, according to Neb. Rev. Stat. § 28-1201, "Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon." This state law definition is broader than the various federal definitions of "firearm" in the GCA and NFA. This means, for example, that a person who is a felon but would not be prohibited from possessing a muzzle loader under the federal GCA could still be in violation of Nebraska law as a felon in possession of a firearm if he comes into the possession of a weapon that can expel a projectile by action of an explosive charge.

[CitizenClark]

You are partially correct. Generally speaking, a muzzle loader is not a firearm for purposes of the federal Gun Control Act of 1968 if it doesn't fit in the following categories: [a design that] "incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof." 18 U.S.C. §921(a)(16)(C)

However, according to Neb. Rev. Stat. § 28-1201, "Firearm means any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or frame or receiver of any such weapon." This state law definition is broader than the various federal definitions of "firearm" in the GCA and NFA. This means, for example, that a person who is a felon but would not be prohibited from possessing a muzzle loader under the federal GCA could still be in violation of Nebraska law as a felon in possession of a firearm if he comes into the possession of a weapon that can expel a projectile by action of an explosive charge.

I know of an individual who has been charged in Nebraska as a felon in possession of a firearm as a result of his acting on the belief that a muzzle loader was not a "firearm."

[OleSharky]

Ok, say I'm selling a handgun, I've verified the purchaser has either a concealed permit or a Nebraska Handgun purchase permit......what do I do with this information?

[AAllen]

Personally, I always make a written reciept and copy the information over as well as writting down the gun info.  When available I also make a photo copy of their ID and permit to attach to the reciept for my records.  The law requires you check, and by doing this I document that I did check in case I ever need to have my *** covered.

[CitizenClark]

Ok, say I'm selling a handgun, I've verified the purchaser has either a concealed permit or a Nebraska Handgun purchase permit......what do I do with this information?

Neb. Rev. Stat. § 69-2403 prohibits the transfer of a handgun to anyone who doesn't have a purchase permit, doesn't have a CHP, isn't a LEO, isn't a federal firearms licensee, isn't a close family member, etc. There is also a specific exception for "antique handguns," a term that is defined in Neb. Rev. Stat. § 69-2402 as: "any handgun or pistol, including those with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898 and any replica of such a handgun or pistol if such replica (a) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or (b) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade"

To answer your question, I would say that if you are a private seller of a handgun, once you have seen the prospective buyer's purchase permit or CHP, you can permanently transfer a handgun to them. In a criminal case, you don't have a duty to prove to anyone that you complied with the law because the burden is on the state to prove beyond a reasonable doubt that you committed the crime charged. The prosecutor has to prove that the elements of the crime have been met. With that said, it may be prudent to keep a copy of the permit that you relied on, keep a copy of the bill of sale, etc., so that if you should ever end up accused of something you have readily available evidence that tends to support the inference that you complied with the law. I am not aware of any state or federal statutory duty on the part of a private (non-FFL) seller to maintain any of these records, though.

[OleSharky]

AAllen & Citizen Clark - Great information and suggestions!  Thanks!