How To Sell a Gun in Alabama?

[WmMunny]

Got a friend in Alabama who needs to sell a 30-06 rifle (type and accessories presently unknown) and two handguns— one of which is a .357 mag.

They belong to his relative— also in Alabama— who is no longer able to keep the guns and needs help selling them. Once my friend has the guns, I’ll know the makes and models, etc.

Any suggestions how my friend can handle this correctly?

 

[Bud Helms]

Search for this string: "person-to-person sale of firearm in Alabama" I got a LOAD of links.

Here are a couple of links I clicked on that would help:

https://www.cashmyguns.com/blog/how-to-sell-a-gun-in-alabama/

https://eforms.com/bill-of-sale/al/alabama-firearm-bill-of-sale-form/

 

[langenc]

Long guns can be sold directly to another ALABAMA resident..and thru FFL if buyer is from another state.

Handguns need to go thru a FFL no matter where buyer/seller reside.

Im sure that is he same for all gun sales regardless of states ie-may sell long gun to resident of YOUR state but handguns always go thru FFL.

I dont know about local goofy laws in CA, NY and other such states.

 

[Bud Helms]

Not all states. In Georgia, a handgun sale need not go through an FFL as long as both parties are residents of the state, the transaction occurs within the boundaries of the state and the parties are not prohibited by state or federal law from owning the weapon. Of course full auto capable weapons area completely different story.

Some states have a long list of what prohibits specific individuals from owning a firearm. It would be wise to be familiar with those conditions.

 

[Aguila Blanca]

Your friend needs to know that his taking possession of the guns, even from a relative, is a transfer, and for the handguns must go through an FFL.

[Edit]It has been pointed out to me that handgun transfers don't have to go through an FFL in all states. They do in mine and several nearby states -- I am guilty of extrapolating.

My apologies. we now return you to your regularly scheduled programming.

 

[jmr40]

I'm pretty sure Alabama is the same as GA. As long as the buyer and seller are from the same state you give them the money, they give you the gun. That's it. If the seller KNOWS the buyer cannot legally own the gun then you could be accountable. But you're under no obligation to investigate.

If I'm selling to someone I don't know I'll ask to see a DL to verify they live in GA and to verify age.

 

[Frank Ettin]

I'm pretty sure Alabama is the same as GA.…

When it comes to a legal question, “pretty sure” isn’t good enough.

 

[BarryLee]

You friend could consider selling them to a local Gun Shop which will almost certainly be a FFL h0lder. The shop will know the various laws and help avoid any issues. They may not get as much for the guns, but it might be a quick, and legal way to handle this.

 

[FITASC]

Before selling them to a gun shop, put them on consignment instead. If the shop buys them you'll get maybe 60%; if on consignment, you should get anywhere from 80-90%

 

[laytonj1]

I'm pretty sure Alabama is the same as GA

It is. And the best way to sell it here would be on Armslist. Face to face, cash and a handshake.

Jim

 

[longrangeshooter]

Langenc I believe you are mistaken about Alabama laws. Having lived here for many years I've never heard of such a thing involving private sales. If I want to purchase a handgun from my next door neighbor I can just hand him the cash, trade or whatever and take the handgun home. No need for going through an FFL. I also know of no reason I can't privately sell a long gun to an out of state resident unless they are not allowed to own a firearm for other reasons ie felony convictions and some misdemeanors. If that person takes it home to somewhere like Illinois then they have their own state laws to deal with but that is their problem.

LRS

 

[Frank Ettin]

...I also know of no reason I can't privately sell a long gun to an out of state resident...

Aren't risking up to five years in federal prison and a lifetime loss of gun rights good enough reasons not to do that? Doing that has been a violation of federal law for more than 50 years.

1. Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
   
   
2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
   
   
3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
   
   
4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
   
   
5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
   
   
6. Here's what the statutes say:

   18 U.S.C. 922. Unlawful acts
   
   (a) It shall be unlawful—
   ...
   
   (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
   
   
   

   (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
   
   (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and
   
   (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

   
   ...
   
   (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
   
   
   

   (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
   
   (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

   
   ....
   
   (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
   ...
   
   (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
   
   
   

   (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
   
   (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

   ...

   
   
7. Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.

 

[langenc]

Im way wrong on the handgun staement way above.

Even in MI where handguns are registered they can be transferred directly between CPL holders and no FFL--sorry..

I know of a long gun transferred to out of MI resident few yrs ago. The seller posted that on a website and a mod removed and advised that was not legal to help protect the seller. Seller done transfer (sale) in a rather large gunshop parking lot and had asked at the gunshop NICS counter about the legality and advised it was ok otherwise he'd had the dept to do their thing.