NFOA MEMBERS FORUM
General Categories => General Firearm Discussion => Topic started by: Tstephens on February 26, 2015, 07:27:12 AM
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Hi everyone,
I have been thinking about selling one of my pistols to a private party. I have never done this before and am just wondering what has to be done to make sure it's all legal. Thanks for the help in advance. And most likely it will be another resident of Nebraska with proper CCW or purchase permit.
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I usually ensure that the purchaser is of legal age to purchase, possesses a valid Drivers license, and CHP.
Some go beyond into Bills of Sale, etc. also keep in mind your location, certain unnamed cities have ridiculous registration requirements.
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I usually ensure that the purchaser is of legal age to purchase, possesses a valid Drivers license, and CHP.
In lieu of the CHP, some sellers will accept a Nebraska Firearm Purchase Permit, or whatever the hell it is called.
I was wrong. Read Allen's reply below.
Fly
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The purchaser must by Law be a citizen of the state you are selling the gun in (the same state you are a citizen in, no cross state line sales).
Since this is a pistol the purchaser must have (per State Law, this applies to individuals as well as FFL's) either a Firearm (Handgun) Purchase Certificate, Concealed Handgun Permit or Police Credentials that are valid and not expired.
There are communities in Nebraska besides Lincoln that require the seller to report the sale to the local police, Omaha is the only one with a registration requirement that places the duty to the purchaser; so check your local ordinances
For protection of yourself, require a government issued photo ID (great place to check that the purchaser is over 21 as required by law), as well as the Purchase Permit/CHP and record the expiration dates and Number of these items on some form of receipt that the person receiving the pistol signs. For ID to be valid, it needs to have the purchasers current address, a CHP also must have the purchasers current address, the Firearm Purchase Permit does not have that requirement (some businesses have that as part of their policy, for their protection).
If you are uncertain that you are doing things correctly, or just want to make certain that everything is done right you can do the transfer through an FFL who would do the 4473 and make certain that all the ID's are handled correctly for the price of a transfer fee (depending upon dealer anywhere from $15-35). If you or the purchaser covers that fee is something you can negotiate with the buyer.
Now is an important time to be careful with our private sales, the FBI has suspicions of a Terrorist Cell operating in Minnesota. They have been following them all the way to Kansas City (and yes that include excursions into Nebraska) watching for possible attempts to purchase firearms and other materials. So we are being watched as a community and need to be on our toes to make certain we are doing things the right way.
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I think that in Lincoln you are still registering the weapon. Do believe that the responsibility is on the seller though it doesn't say so. Must be done on day of sale.
Link to form
http://cjis.lincoln.ne.gov/HTBIN/CGI.COM (http://cjis.lincoln.ne.gov/HTBIN/CGI.COM)
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I think that in Lincoln you are still registering the weapon. Do believe that the responsibility is on the seller though it doesn't say so. Must be done on day of sale.
Link to form
http://cjis.lincoln.ne.gov/HTBIN/CGI.COM (http://cjis.lincoln.ne.gov/HTBIN/CGI.COM)
Correct, I may have been a little fuzzy on how I worded that. What I meant to convey is there are other cities besides Lincoln that have the same requirement, we don't hear about them much but they are out there.
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Since this is a pistol the purchaser must have (per State Law, this applies to individuals as well as FFL's) either a Firearm (Handgun) Purchase Certificate, Concealed Handgun Permit or Police Credentials that are valid and not expired.
Thanks for setting me straight on that Andy. Good info.
I think that in Lincoln you are still registering the weapon. Do believe that the responsibility is on the seller though it doesn't say so. Must be done on day of sale.
Link to form
http://cjis.lincoln.ne.gov/HTBIN/CGI.COM (http://cjis.lincoln.ne.gov/HTBIN/CGI.COM)
That link seems to be broken. Here is a good one...
http://cjis.lincoln.ne.gov/~lpd/gunreg/ (http://cjis.lincoln.ne.gov/~lpd/gunreg/)
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I find best meeting behind a shopping center and making the exchange using a brown paper sack .....
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I guess I could add one other item to the list of acceptable Purchase Certifications that we often forget about: an FFL. If the person is an FFL they do not need one of the other permits, but I would get the name and Number off the FFL as well as its expiration for my records and most FFL's don't just pass those around.
There are also times (not sales but loans or other times) that one of the permits is not needed. You are going to be able to see the person the entire time they have the pistol, the person is your spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent, or if the pistol is an antique (I believe the model needs to be recognized as such by the ATF). If you are selling it to a law enforcement agency then the permit is also not needed.
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Thanks for the info guys.
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Since this is a pistol the purchaser must have (per State Law, this applies to individuals as well as FFL's) either a Firearm (Handgun) Purchase Certificate, Concealed Handgun Permit or Police Credentials that are valid and not expired.
Yea, umm, no
My FFL IS my purchase permit and its good in all 50 states, and the US territories. In state out of state, any city in the US or one of its territories.
Other than that, the rest of this original reply was on point
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Yea, umm, no
My FFL IS my purchase permit and its good in all 50 states, and the US territories. In state out of state, any city in the US or one of its territories.
Other than that, the rest of this original reply was on point
Yes please read further down, and thanks for allowing me to keep a copy of your FFL when you purchase that handgun from me...
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I had no idea that private sales in lincoln required paperwork, nice of the law to make this clear.
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Yes please read further down, and thanks for allowing me to keep a copy of your FFL when you purchase that handgun from me...
I would be happy to provide anybody with the first three and last five numbers along with the web address of ATF EZ check, and I will be keeping my copy after you take a look.
ATF actually discourages the old system where the FFL provides a hard copy to any ol body ( non-licensee) who they buy from, with the EZ check, there really isn't much reason too.