What does this mean...

[5.56 JC]

Called the local BCI office here in Utah they issue the CCW permits and do background checks for the gun stores to make sure I could do a private party sale of a firearm with out breaking any laws. The explanation they gave me was that I could sell the gun without doing any sort of official transfer or paper work because "They do not register guns in the state of Utah. " What does that mean exactly????


I am a little confused because everytime I buy a gun through a local gun shop they always put the serial number on the bill of sale paperwork. I guess I assumed that the information ended up in a government database somewhere???

[m700m]

5.56 JC, here in SC we are not required to do anything to make a sale between private party's, although i require a bill of sale if i make a private purchase. only when i make a transaction with an ''FFL'' would paper be required. i would suppose your state operates the same. Don............:)

[John_Wayne777]

I am a little confused because everytime I buy a gun through a local gun shop they always put the serial number on the bill of sale paperwork. I guess I assumed that the information ended up in a government database somewhere???

The reason you fill out paperwork at the gun store is because you are buying a weapon from a federally licensed firearms dealer. Federal law states that those engaged "in the business" of selling firearms have to be federally licensed. Federally licensed individuals cannot transfer (sell) a firearm to an individual without the purchaser going through a federally mandated background check. The form you fill out and that the gun dealer fills out is for that background check.

On top of that, states usually require filling out some state forms and can have additional regulation on the sale of firearms by licensed individuals within their borders.

What you are talking about is a private transaction...meaning that it is a non-licensed individual (you) selling a firearm to another private party, and that you are not engaged "in the business" of selling guns. This activity is largely unregulated in most states, so long as you don't knowingly sell to a prohibited person. (Felon, minor, etc...)

While the federal government does maintain records of firearms transactions by FFLs, that is not registration. True registration would require you to submit paperwork to a local police department with the particulars of the firearm you are buying for their registration records.

New York, for instance, has onerous and stupid registration laws about firearms. There if you possess a weapon that has not been registered, it is a crime.

In your area, however, no such regulation exists. Thus you are free to sell your gun to pretty much anyone without the government being involved in the process, so long as you don't know they are a prohibited person. It's your property and you can dispose of it as you see fit within state lines. If you want to sell to someone in another state you need to go through an FFL.

That being said, if you don't know the individual you are selling to it would behoove you to keep some information about the sale of the weapon because if you purchased it from an FFL should something unfortunate happen that requires a trace the authorities will come to you asking who you sold the weapon to. I would recommend writing up a receipt for the sale of the weapon, along with a form you require the buyer to state that they aren't a prohibited person, as well as making a copy of their driver's license.

If you know the person (friend, member of your family, co-worker you've known for years, etc...) then I wouldn't worry about the CYA angle as much.

[GlockWRX]

John Wayne's advice is spot on. Keep a record of the transaction. For piece of mind, I ask a prospective buyer to show me a valid concealed carry permit. That let's me know he/she has gone through a background check at least once.

[5.56 JC]

I did a bill of sale and got a copy of the DL and another state ID. So I guess I should be covered. Thank goodness for the 2nd Amendment it is great to live in a free country. Sometimes the way the politians and the media talk you forget you live in America.

Thanks