Buying and Selling Guns Privately & The Gun Show Loophole

Buying and Selling Guns Privately &

The Gun Show Loophole

If you live in a state where private gun sales are permitted, you may legally sell your firearms to a private individual from the same state without using an FFL (Federal Firearms Licensee aka gun dealer) dealer. In states like Virginia private sales of firearms are permitted to and from anyone that is a Virginia resident and at least 18 years old. This includes Active Duty Military personnel that are permanently stationed in Virginia. Please check your current state and local laws as this information will vary from State to State and can change without notice. This information is current as of 09/14/18 for the state of Virginia. This is not legal advice, please do not take it as such, and please remember to check your state and local laws before completing a private gun transaction.

Is there a Gun Show Loophole?

NO! This is the term created by the anti-gun lobby to help them ban private gun sales across the country. There is NO difference between buying a gun privately at a gun show or buying a gun privately in the parking lot of a supermarket, or at a yard sale. If you buy a gun from a dealer at a gun show you will do the same paperwork and go through the same background check you would go through at their place of business. As a matter of fact, the ATF considers an approved gun show an extension of the FFL Dealers place of business. It does not matter where the transaction takes place the same rules apply to dealer sales and private sales. The only difference is that a dealer cannot perform a background check outside of their place of business or an approved gun show. So, no meeting your dealer in a parking lot to complete a transaction.

Why are private sales up to the States rather than the Federal government?

The Federal government regulates interstate commerce and are not supposed to regulate intrastate commerce. In other words, if both the buyer and the seller are in the same state the state laws apply. A good example of this is that an 18-year-old can legally possess and open carry a handgun in Virginia, but that same 18-year-old cannot buy a handgun from a licensed dealer until they are 21 years old. Therefore, private sales must be between residents of the same state. If they are residents of different states (and it doesn’t matter if they are next to each other) the transaction must go through an FFL dealer.

What are my responsibilities as a seller in a private sale in Virginia? This will also apply to other states, check your laws.

Make sure the buyer is a resident of Virginia (your state):

You can do this by checking their Drivers License, or State ID card. Or if they are Military permanently stationed in VA, check their MIL-ID and see a copy of their orders to make sure they are stationed to a VA duty station.

Make sure the buyer is at least 18 years old:

Again, check their Drivers License, State ID, or Military ID.

Do you know of any reason that the buyer can not possess a firearm?

If you know the buyer cannot legally possess a firearm, do not sell them one! In the state of Virginia, it is a felony to knowingly sell a firearm to an individual that you know cannot legally possess a firearm. How would you know if they can’t legally possess a firearm? Most likely you will not know, however if you ask them if they are ok to legally own a firearm. And they hem, and haw rather than just say “Yes”, that might be a tip off that you should not complete the sale.

Some people like to ask for Voter ID’s or Concealed carry permits, to check and see if someone is legal. That sounds like a great idea, except it really doesn’t prove anything. A felon can have their voting rights restored but not their firearm rights, and in states like Virginia where our concealed carry permits do not grant a waiver from doing a firearms background check. It is possible for a concealed carry permit holder in VA to not be legally able to purchase a firearm.

There are some more obscure reasons why someone may not be able to possess a firearm, I won’t go into too much detail, but a DACA recipient can not legally own a firearm as they are neither citizens, immigrants, or non-immigrant aliens so there is no provision for them to purchase a firearm legally.

Check the VA State Police website for other reasons a person would not be legally allowed to possess a firearm. http://www.vsp.state.va.us/Firearms_PurchaseEligibility.shtm

Bottom line here is to make sure you at least ask, if they are legally able to own a firearm.

What are my responsibilities as a buyer in a private sale in Virginia? This will also apply to other states, check your laws.

Make sure the seller is a resident of Virginia (your state):

You can do this by checking their Driver’s License, or State ID card. Or if they are Military permanently stationed in VA, check their MIL-ID and see a copy of their orders to make sure they are stationed to a VA duty station.

Make sure the seller is at least 18 years old:

Again, check their Driver’s License, State ID, or Military ID.

As the buyer your main concern is to make sure the seller is from the same state as you.

Is a Bill of Sale for a private gun sale required by Law in Virginia? This will also apply to other states, check your laws.

No, a bill of sale is not required by law. It is a good idea to record the make, model, caliber, and serial number of the gun, and the buyers name an address as well as the date of the sale when making a private sale. A quick google search will give you a bunch of different templates of a Bill of sale that can be used for private gun sales. It is a very good idea to have a record of the sale just in case the gun turns up where it doesn’t belong some day in the future.

Here is some information regarding private sales and bills of sales from the Virginia state police.

http://www.vsp.state.va.us/Firearms.shtm#FAQ

“What are the laws concerning the private sale of a handgun? 
To privately sell a firearm, it is recommended that you safeguard information pertaining to the transaction such as the date the firearm was sold, the complete name and address of the buyer, and the make, model, and serial number of the firearm. The seller and buyer of a handgun must be a resident of the state in which the transfer occurs.  Should the firearm ever be located at a crime scene, trace of the firearm will determine the licensed dealer who last sold the firearm and will identify the last buyer of the firearm. To have your name removed from this process, you may consider placing your firearm on consignment with a licensed dealer. This will also ensure that the firearm is transferred only to a lawfully eligible individual.”

The part about having your name removed from the process is inaccurate, as you still may be contacted during the trace process. But if you have a bill of sale you can pass that information off to the authorities.

Here are a few private sale scenarios, Virginia specific, check your State & Local laws.

Buying or selling a Handgun:

Buyer and seller are both from Virginia and at least 18 years old and can legally possess a firearm. This is a legal private sale.

Buyer and seller are both from Virginia and at least 18 years old, but the buyer tells the seller they are a felon or prohibited from legally owning a firearm in some other way. This is an illegal private sale. The seller should walk away.

Buyer and seller are both from Virginia and at least 18 years old, but the buyer tells the seller they are not sure if they can own a firearm. This is an illegal private sale. If the buyer is over 21 this transaction should go through a dealer and a background check performed. If the buyer is under 21 (they cannot buy a handgun from a dealer until they are 21) then the seller should walk away.

Either the buyer or seller are residents of different states. This is an illegal private sale, and this transaction needs to go through an FFL dealer in the state the buyer is from.

Buying or selling a Long Gun:

Buyer and seller are both from Virginia and at least 18 years old and can legally possess a firearm. This is a legal private sale.

Buyer and seller are both from Virginia and at least 18 years old, but the buyer tells the seller they are a felon or prohibited from legally owning a firearm in some other way. This is an illegal private sale. The seller should walk away.

Buyer and seller are both from Virginia and at least 18 years old, but the buyer tells the seller they are not sure if they can own a firearm. This is an illegal private sale. This transaction should go through a dealer and a background check performed.

Either the buyer or seller are residents of different states. This is an illegal private sale, and this transaction needs to go through an FFL dealer (long gun transactions may be performed in the seller or buyers state depending on state laws).

Other ways to complete private sales in Virginia or other states.

Both parties can go to an FFL dealer and pay them to perform a transfer. The seller’s information is recorded by the FFL, and the buyer will have to complete a background check.

In Virginia the VA State Police will do voluntary private sale background checks at Gun Shows.

http://www.vsp.virginia.gov/downloads/firearms/Firearms%20Promoter%20Poster.pdf

If you have any questions or comments let us know.

 

Feel free to share this information.

Thank you for your time.

Links for your reference:

http://www.vsp.state.va.us/Firearms_VFTP.shtm

http://www.vsp.state.va.us/Firearms_PurchaseEligibility.shtm

Firearms     FAQ    Terms & Conditions

Buying and Selling Guns Privately & The Gun Show Loophole

4 thoughts on “Buying and Selling Guns Privately & The Gun Show Loophole

  1. TomC says:

    I really think this article should have started with the paragraph debunking the fake “Gun Show Loophole”

    1. Dkfirearms says:

      I could have, but the “Gun Show Loophole” is so fake. If anyone still believes in it they are either lying or too dumb to understand the truth.

  2. Richard says:

    The so called Gunshow Loophole is a creation of the ATF. If individuals were allowed to make federal background checks the problem would not exist. The United State Government has chosen not to deal with individuals therefore no individual has an obligation to deal with the ATF! THE ATF ONLY CONTROLS COMMERCIAL INTERSTATE SALES!
    If there was a system available to check a buyer before sale of firearm I and most others would use it. EVERYTIME in my case!

    1. richard borges says:

      The gun show loophole is a creation of Dumbocrats and the liberal fake news The news was fake long before trump and will so long after Trump If uninformed people would read the National Firearms Handbook (BATFE produces- 3546 people know it exists) it is written in plain English. a non licensed to non licensed (non licensed – neither possess FFL) sale Is legal but the buyer must meet all the requirements of the background check form – they recommend the seller have the background check completed but it is not necessary. Useless people (fake news, dumbocrats and people who people who believe everything the news says) tout the gun show loophole just as they tout class III dealers for NFA (National Firearms Act of 1934 – and GCA Gun Control Act of 1968 and 1986 FOPA which all govern these laws and the national firearms handbook – these laws/acts are written and passed by congress and the ATFE puts the information out in their PDF/Handbook and are fake news incorrectly responsible for nothing more then transcribing the laws over into the handbook.) items when you buy from a dealer who pays an SOT or special occupational tax an there are different classes depending on if they are a pawn, manufacturer, import, or multiples. Type 1 FFL will pay an Special Occupational Tax as class III while a Type 7 will pay a class II because they manufacture and sell – so a type 1 FFL (buyer/seller) has to go find a Class II SOT to buy NFA suppressors from according to the fake news they are all class III NFA – when they are under NFA, GCA and FOPA if those laws apply. Mall shooters just steal a friends are dry and dirty or buy one over the counter legal like Cho who purchased (another Fake news purporting ought it over the internet – like its shipped to the door and not an FFL) a walther 22Lr and Glock 17 or 19 and shot up Virginia tech for 3 hours while cops made a plan? He was ordered y a judge to get treatment from a mental facility – he never did and should have not been ale to pass the background check – but Virginias medical system said it would have invaded his privacy if the gave notice to NICS to prevent a firearms sale. There are 200 million uninformed or more and yet they talk about gun laws (which cops cannot keep together) and buying and selling when they know very little – even those who own guns will tout class 3 and gun show loopholes because the news puts it out there along with everything liberal they can find. This is just noise I a putting out because it doesn’t fall under the liberal construct. Fake news, Dum people who eat up everything the fake news has said – like there was dolphin in tuna in the 1990’s – there never was, it was dumb ass east coast geniuses who named dolphin fish – which is the same as dorado and mahi-mahi. There never was dolphin in the tuna – long liner were catching them in their nets and sending them in to e processed as tuna – illegal fishing doesn’t equate to a poor dolphin in my tuna.

Comments are closed.