• ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info

No carry permit but seller wants to verify criminal history

You can legally ship a short gun within the state. Within the state, between residents, all the samey samey, except costs a ton to ship handgun.
Yeah I always forget that because it is a long gun that a non licensee can legally ship via USPS but a handgun has to go via private carrier.
 
Not what I was told by another dealer. Have you gotten this in writing from your Batman?

What if I gave you a gun, you have to run it through your books if you sell it? This came up and the dealer did run it by the Batdude, he said sell person to person, no billosail needed.

A little clarification. If I acquired the firearm through my FFL I have to have it in my private collection for one year before I can legally sell it as a private sale. It is legal but still not encouraged by ATF. This is a quote from Fastbound Compliance software's website.


Even though you have an FFL, you are still allowed to make private party sales from your personal collection. You can only do this if the firearm was in your collection for a full year. A private party sale is when you sell outside of your FFL to someone who also doesn’t have an FFL. In this case, the buyer does not need to complete a Form 4473 and you do not need to administer a background check.

If you transfer a firearm from your FFL to your private collection, you may not transfer that firearm to a private party until the year is passed. This is to prevent less-than-honest individuals from transferring firearms to buyers who aren’t eligible, wouldn’t pass the background process, or otherwise trying to hide the transfer of the weapon.

If you decide to sell a personal firearm (that’s been in your collection for more than a year), you must still keep a record of the date of sale, along with the make, model, serial number, and caliber of the firearm. Additionally, you need to keep a record of the buyer’s name, address, and date of birth. You must verify this information on some form of identification before you can complete the sale.

If you transfer a firearm to your personal collection and then decide you would like to transfer it to someone else before the year has passed, you must transfer it back to your FFL, and then from your FFL to the receiver using the normal process (Form 4473, background check, waiting period, etc.).

The only benefit to selling a firearm from your personal collection instead of first moving it to your business inventory is reduced paperwork. But to the ATF, that looks suspicious. It looks like the seller is willfully evading regulations to sell to someone who isn’t eligible.

While private party sales are legal as an FFL holder, they should be avoided. It’s too easy to create a compliance or liability mistake that could affect your business.
 
I'm skipping over 5 pages, so forgive me if this is already been said, but:

1-- Yes, most police and sheriffs agencies will do a Georgia Crime Information Center ( GCIC) criminal history report for a small fee. You can't get this for another person the subject of the report has to show up personally with a photo ID and request the check for themselves.

BUT, a GCIC report may not be complete when it comes to crimes committed in other states, and it certainly will not have information about mental health disqualifications, current domestic violence restraining orders, drug addiction, or other things that would make a person prohibited under federal (and state) law.

The NCIS Federal background check taps into a database that is specifically tailored for screening people for gun ownership so it's a better database if you want to be the cautious type it's better to go to a gun dealer and have that FFL gun dealer process the transaction for you.

(Although I'm pretty sure that just having the potential buyer or trader get their own GCIC from a local police / Sheriff's agency would prevent you from getting any blame if the person later misused your gun, or if somebody wanted to accuse you of being a conspiracy an accomplice to the crime of supplying a prohibited person with a firearm.)
Just get a _CIC report in each of the other 49 states, duh...
 
Capture+_2020-01-05-10-56-28-1.png
 
Back
Top Bottom