# Rules for selling Firearms



## BerryNut (Dec 29, 2008)

I recently won a new shotgun, I already have a few different styles and sizes and dont really "need" this gun according to my wife. She says that the gun safe is already full, and trying to convince her of a new safe was out of the question. So my question is, if I were to post it on KSL or something, what are the rules for selling a gun? I have never bought or sold a gun before and want to make sure I do everything within the law. Thanks for any info you can give me.


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## truemule (Sep 12, 2007)

Simple answer. There are no laws in a private sale of a firearm.

Some people ask people for a bill of sale just so they have evidence of the sale if they were ever questioned about it for some reason. Others require a person to show them an I.D. and maybe even get a copy of it. The really anal people will actually have the person submit to a background check through BCI. This can be done with forms on the BCI website or through and FFL dealer like impact guns for a few bucks.

Personally I ask to see their ID to make sure they are of legal age to buy the firearm and then have them sign a bill of sale which I give them a copy of.

Good luck, What type of gun and how much are you asking? [edit] nevermind I saw your post in the trading post section.


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## BerryNut (Dec 29, 2008)

Thanks for the help. I want to make sure it goes to someone who is legal and responsible but dont want to hassle with whole background check. Thanks again.


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## mm73 (Feb 5, 2010)

+1 on having a signed Bill of Sale. Although this is not required by law, it protects you from any civil lawsuits should the gun be used to commit a crime after you sell it. I also recommend using a Bill of Sale form that is specifically for firearms, like this one: http://www.docstoc.com/docs/3417980/Fir ... of-Dollars

I would write down the buyer's name, address and drivers license number, or better yet, photo copy the card. For handguns and rifles/shotguns that are classified as "assault weapons" (not saying I agree with this classification) I like to require the buyer to have and show a valid CCP. That way you have proof that the buyer is legally able to purchase a weapon of that type. There is no law in Utah that says you have to take all of these steps, but there is also no law that prevents some shyster attorney from suing you for negligence if the gun you sold is used to shoot up a shopping mall or commit a violent crime so it is best to protect yourself. Just my opinion, FWIW.


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## BerryNut (Dec 29, 2008)

Thanks for that doc. It is really good, I am going to use that when I sell it. Also good to know about the classification of a shot gun.


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## Kevin D (Sep 15, 2007)

If you are still concerned, let a FFL holder handle the transaction. They'll probably charge you a transfer fee of between $20-$40, but at least you'll have peace of mind.


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## Chaser (Sep 28, 2007)

Another recommendation I would have is to meet the person at a neutral place. I know I wouldn't want to sell a gun to a person I don't know and have them know where I live.


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## mm73 (Feb 5, 2010)

Chaser said:


> Another recommendation I would have is to meet the person at a neutral place. I know I wouldn't want to sell a gun to a person I don't know and have them know where I live.


+1, and if possible bring a buddy and make sure you are meeting in a public place. I usually meet in the parking lot of Sportsmans or Cabelas. And I would avoid meeting after dark. You never know who you are meeting, and when guns are involved it can attract the wrong sort. If you have your CCP then make use of it, if you know what I mean...


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## Doc (Sep 11, 2007)

KSL has Idaho and Wyo readers. Selling a gun to someone out of state is not the same as selling to someone in state.


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## Treehugnhuntr (Sep 7, 2007)

Huh?


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## Kevin D (Sep 15, 2007)

Doc said:


> KSL has Idaho and Wyo readers. Selling a gun to someone out of state is not the same as selling to someone in state.


True. Interstate transfer of firearms is regulated by the feds and has to be handled by a federal firearms license (FFL) holder...........assuming the firearm was manufactured after 1897 of course.


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## James (Oct 7, 2007)

76-10-527. Penalties.

(1) A dealer is guilty of a class A misdemeanor who willfully and intentionally:
(a) requests, obtains, or seeks to obtain criminal history background information under false pretenses;
(b) disseminates criminal history background information; or
(c) violates Section 76-10-526.
(2) A person who purchases or transfers a firearm is guilty of a felony of the third degree if the person willfully and intentionally makes a false statement of the information required for a criminal background check in Section 76-10-526.
(3) Except as otherwise provided in Subsection (1), a dealer is guilty of a felony of the third degree if the dealer willfully and intentionally sells or transfers a firearm in violation of this part.
(4) A person is guilty of a felony of the third degree if the person purchases a firearm with the intent to:
(a) resell or otherwise provide a firearm to a person who is ineligible to purchase or receive a firearm from a dealer; or
(b) transport a firearm out of this state to be resold to an ineligible person.


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