General info please

[Chief_Eddie]

Thanks in advance for anyones help.
So my question is this.
I sold to my brother a couple of long guns. He lives in South Carolina. I want to do a bill of sale. To cover my butt in case they are ever stolen from him or he decides to sell later on... ETC.
He has no issue having guns. I was just cleaning some things out and asked if he wanted to buy a couple I had and he did.
I will be traveling there to visit in the very near future, and will take with me. So my concern is: Is there anything that is preventing me from selling him my guns and creating a bill of sale. This is a private sale. I am curious if anyone has sold a firearm out of state and if there are any issues.

Again thanks in advance for your reply's

 

[Snake-Eyes]

Technically, transfer of ownership across state lines should go through an FFL. Doesn't pass the sniff test, but most things BATFECES-related don't.

Reality: do you think people who live on the west side of Pensacola should have to pay an FFL transfer fee to sell to their neighbor buddy who has an Alabama license, when a Tallahassee resident doesn't have to worry about that? Do you think a relative should have to go through an FFL to give or sell a firearm to one of their relatives?

Finally, I never understand gun owners who want a bill of sale "to cover their butt". That's "reparations are owed" kinda flawed logic. How far removed do you have to be from some criminal use of the tool to be "safe" from liability? Once it's sold or gifted, it isn't your responsibility, unless you personally committed the crime. FFL's deal with paperwork; private Citizens deal with common sense and good judgment.

You should sell those firearms to an unremarkable and difficult-to-remember person who said they were a Florida resident and gave you zero reason to think they were restricted from possessing a firearm. Beyond that, it isn't your problem.

On a semi-related note, if you think you need protection from liability from something your relative might enable, then perhaps you shouldn't be selling to him?

Just my thoughts.

 

[JedClpIT]

This is a beautiful thing. I'm going to save this. Well said.

 

[Chief_Eddie]

Technically, transfer of ownership across state lines should go through an FFL. Doesn't pass the sniff test, but most things BATFECES-related don't.

Reality: do you think people who live on the west side of Pensacola should have to pay an FFL transfer fee to sell to their neighbor buddy who has an Alabama license, when a Tallahassee resident doesn't have to worry about that? Do you think a relative should have to go through an FFL to give or sell a firearm to one of their relatives?

Finally, I never understand gun owners who want a bill of sale "to cover their butt". That's "reparations are owed" kinda flawed logic. How far removed do you have to be from some criminal use of the tool to be "safe" from liability? Once it's sold or gifted, it isn't your responsibility, unless you personally committed the crime. FFL's deal with paperwork; private Citizens deal with common sense and good judgment.

You should sell those firearms to an unremarkable and difficult-to-remember person who said they were a Florida resident and gave you zero reason to think they were restricted from possessing a firearm. Beyond that, it isn't your problem.

On a semi-related note, if you think you need protection from liability from something your relative might enable, then perhaps you shouldn't be selling to him?

Just my thoughts.

Well, Well, Well thanks for your thoughts. Was no need to get so in depth, or be so deconstructive. Was a very simple question in my thoughts. These days you can never tell what the Gov will or want to do. I have ZERO issues selling to my brother, if I did, would not do it. Anyway, thanks for you opinion.. Have a good day.

 

[Rebel_Rider1969]

Yep, the AFT can go suck an egg.

 

[fl57caveman]

my brother is no longer living, but if he was, i would never bring up a bill of sale..i trusted him, as he did me. i personally think that sales between family members should not be subject to any laws....

shall not be infringed... your mileage may vary.

 

[Bowhntr6pt]

Well, Well, Well thanks for your thoughts. Was no need to get so in depth, or be so deconstructive. Was a very simple question in my thoughts. These days you can never tell what the Gov will or want to do. I have ZERO issues selling to my brother, if I did, would not do it. Anyway, thanks for you opinion.. Have a good day.

You asked...

I will be traveling there to visit in the very near future, and will take with me. So my concern is: Is there anything that is preventing me from selling him my guns and creating a bill of sale. This is a private sale. I am curious if anyone has sold a firearm out of state and if there are any issues.

The answer is yes... legally the transfer needs to go through an FFL. I don't agree with it, but you did ask.

I'd just ask a Mod to delete your thread.

 

[FrankT]

a long gun, you gift to a person out of state needs a FFL? I did not think so,maybe an ATF agent monitoring us will clarify or just a FFL holder?

 

[fir]

As an FFL holder, the current law of the land (since the GCA went into effect in the 60s) is that all interstate transfers of ownership must be processed through an FFL. In-state private transfers may not require an FFL depending on the state's laws. In Florida there is no requirement to get an FFL invoved in a personal sale to a buyer that lives in Florda. If this isn't a sale, and you're just leaving your property with a family member that you trust, then there is no need to get an FFL involved.

 

[SAWMAN]

In 1996 I gave up my FFL for reasons like this.
I wanted my RIGHTS as an American citizen back.
Sell,transfer,are you knowingly committing a crime.
WELL .... you will be now,wont you. After all - -> asked and answered. ---- SAWMAN

 

[fir]

...knowingly committing a crime.

Sadly, strict scrutiny applies in cases involving these laws, so whether you intended to commit a crime or not doesn't really matter. I agree with everything else you said.

 

[M118LR]

When in doubt walk down to the local Gendarmes La Gare and ask for the proper forms to keep you within all of the Generalities of the Law of the Land that you reside upon. JMHO.

 

[Duckyou]

A bill of sale for your brother?

I’m sorry but that is ridiculous.

 

[SAWMAN]

"Due diligence and intent".
It is not my job to do a psychological analysis on the prospective buyer. As a non FFL I have no way to do a background check on the guy.
He gets out of his truck. Does he look impared. Does he stagger. Did he say that he just drove over from Mississippi. Is it MY responsibility to ask. FORK NO.
Gemme the money,here is the item,have a blessed day,see ya-by. --- SAWMAN

 

[Snake-Eyes]

Well, Well, Well thanks for your thoughts. Was no need to get so in depth, or be so deconstructive. Was a very simple question in my thoughts. These days you can never tell what the Gov will or want to do. I have ZERO issues selling to my brother, if I did, would not do it. Anyway, thanks for you opinion.. Have a good day.

Perhaps this is less loquacious enough for you:

Let Me Google That

For all those people that find it more convenient to bother you with their question than to google it for themselves.

www.letmegooglethat.com

Regardless, you're very welcome.
You have a great day, too.

 

[Bowhntr6pt]

a long gun, you gift to a person out of state needs a FFL? I did not think so,maybe an ATF agent monitoring us will clarify or just a FFL holder?

A transfer is a transfer... matters not that it's a gift vs. sale.

The OP should simply ask this thread be nuked and do as he pleases.

 

[Murfpcola]

You may want to “loan” them to him.

 

[stage20]

It's illegal. Shouldn't be, but is. A bill of sale just makes it worse if anything ever does happen. You both signed to a felony and dated it on paper.