There are times when going beyond the minimum can help you protect yourself as well as your community better.
The landscape of firearm transfers through federally licensed dealers is a clearly defined one. However, the world of private sales can feel nearer the Wild West.
Where licensed dealers observe federal laws as “the floor” for rules, private sellers use state laws as their baseline. And state laws vary more than federal ones.
For example, a federal firearms licensee or FFL can only sell handguns to buyers aged 21 and up. The federal Gun Control Act or GCA specifies that minimum age.
Depending on the state, however, the minimum age for handgun buyers can be lower. Again, private gun sellers follow state laws for rules like these instead. So, this means a private seller can legally sell a handgun to buyers aged 18 in Arkansas (see Ark. Code Ann §5-73-119).
Ultimately, there are fewer or more relaxed regulations for private gun sales. Navigating that freedom can be tricky.
Let’s break down the key difference between legal requirements and what you, as a private seller, can do to protect yourself beyond the bare minimum.
The Legal Floor for Gun Sales
Federal law requires background checks for all gun sales by FFLs. However, private sales between individuals who are residents of the same state are generally exempt.
This means, depending on your state’s specific laws, you might not be legally obligated to:
- Run a background check on the buyer
- Create a bill of sale
- Report the sale to any authorities
Despite that, it may be wise to think of doing one or more of these in a private sale anyway.
Why Go Beyond the Minimum?
So, if the law doesn’t demand it, why consider these extra steps? Chiefly for peace of mind and added security.
- Background Checks – While not perfect, background checks can help you filter out questionable buyers. They can find red flags like a history of violent crime or domestic abuse, preventing a gun from falling into the wrong hands.
- Bills of Sale – A record of the transaction can prove you acted responsibly on your end if the gun ends up involved in a crime. It should have the buyer’s and your information, firearm description, date of sale, and signed statement that responsibility for it passes to the buyer on sale.
Other Smart Choices for Private Gun Sellers
There are other ways for you to leverage the freedom of private sales while maintaining your commitment to responsible gun ownership.
- Always verify ID – Ask to get a copy of your buyer’s valid government-issued ID. In some cases, knowing you have a copy of their ID can help deter untrustworthy buyers.
- Ask questions – Engage the potential buyer in conversation. Ask about their experience and intended use of the firearm. If something feels off, trust your gut and walk away.
Protect Yourself and Others
Ultimately, the choice is yours. But remember, there are times when going beyond the minimum can help you protect yourself as well as your community better.
And if you want to be truly safe, consider selling your used guns to FFLs instead. FFLs only sell guns to others after a background check. They can ensure the next owner of your gun is law-abiding as well.
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