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TooTallTom

Transferring a firearm/ legal question

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TooTallTom

So I know the risks associated with asking for legal or medical advice on the internets, but I'm going to anyway...

I'm thinking of trading a shotgun I own to another guy for a pistol he owns. I have a permit to purchase and I'm wondering about the potential legal issues.

If there are any local (County) laws applicable, do we follow the ones where he has residence, where I have residence, or where we are physically located at the time the exchange takes place?

If a permit is required to transfer a pistol, is that his responsibility (and liability) or mine?

Thanks for the help.

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picksbigwagon

I know for long guns there is no permit or requirement to transfer any paperwork what so ever in the State of MN. I believe the same goes to handguns. NOW that being said, I would strongly recommend to you that you create a purchase agreement or a trade agreement with the other party that clearly states what you are trading/selling, your address, their address, Driver Lic. # and signatures. These should have the make and model number of the firearms involved as well

Make two copies, one for yourself and one for the other party involved. That way there is a private record in case something happens in the future (stolen and used in a crime, etc)

If you are uneasy about the above, find a FFL Dealer and see what he will charge to do the swap through him, but legally you don't have to.

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Ufatz

Party A gives party B a fistful of $100 bills. Or maybe just a few $100 bills. Party B puts firearm offered by Party A is his car.

They shake hands and drive off.

Transaction over.

Not so hard. Don't over-work these situations gang.

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SmilinBob

Ufatz summed it up pretty well for the state of MN, but there are a few things you can do for piece if mind if thats what you are looking for. Legally you cannot transfer a firearm to a prohibited person, ie, felon, domestic assault conviction, mental health issues, the list goes on. For best practice using an FFL covers a lot with a background check, otherwise, the purchase/trade agreement is probably worth only the paper it is written on should anything arise, a good lawyer,and firearm related things are usually federal, will most likely be able to tear the agreement apart. The only place a firearma nd a person are tied together is where the initial 4473 is filled at the point of purchase, and theat info is not transmitted anywhere and must be held in safe keeping by the dealer for 20 years and can then be destroyed. Specific info in dealers books can only be taken by subpeona, and it must relate to only that firearm or person in question.

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RumRiverRat

Party A gives party B a fistful of $100 bills. Or maybe just a few $100 bills. Party B puts firearm offered by Party A is his car.

They shake hands and drive off.

Transaction over.

Not so hard. Don't over-work these situations gang.

Face to Face Transactions are simple.

It is always nice to get a Bill Of Sale of some sort to file away to CYA.

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TooTallTom

I was pretty comfortable that FtF transfers of long guns are just cash and a handshake, but I wasn't sure about the handgun.

Thanks for all the help.

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