Private handgun transaction info needed

[PM66]

I finally received my payment for an auto repair I did for a friend. The agreed fee was his Thompson Center Super 14 in 35 Rem. Now, I know he purchased this legally through a local FFL. What I'm not sure of, is do wee need to do an official transfer. He says we do, but I don't think so. Hopefully, someone can help me out soon, as there's a gun show locally, and I'd like to see if I can trade it on a 1911 type pistol.

 

[Jay]

You can also purchase the gun legally from him without going thru a dealer... unless you KNOW he is not a proper person, as described in the Indiana Code...

IC 35-47-2.5-15
Ineligible purchaser attempting to purchase handgun; violation
Sec. 15. (a) A person who is ineligible to purchase or otherwise receive or possess a handgun in Indiana who knowingly or intentionally solicits, employs, or assists any person in violating section 14 of this chapter commits a Class D felony.
(b) If the violation involves a transfer of more than one (1) handgun, the offense is a Class C felony.

IC 35-47-2.5-14

(b) A person who purchases a handgun with the intent to:
(1) resell or otherwise provide the handgun to another person who the person knows or has reason to believe is ineligible for any reason to purchase or otherwise receive from a dealer a handgun; or
(2) transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm;
commits a Class D felony.
(c) If the violation of this section involves a transfer of more than one (1) handgun, the offense is a Class C felony.

That being said... I (me) would not complete a ftf sale/purchase without a bill of sale...... that's just me

 

[Joe Williams]

Since his friend is the one selling the gun, I don't think it matters if his friend is not a proper person. I THINK the law only applies to transferring a gun TO a person, not the person doing the transfer.

Of course, it does matter whether or not the OP is a proper person, since he's the one receiving the gun.

There is no legal requirement to have the gun transferred through an FFL. If your friend insists on doing a transfer through an FFL, I'd insist he pay the fee.

 

[target64]

When purchasing a firearm in the state of Indiana the firearm itself is not registered. Therefore no transfer is required in a person to person sale. This is commonly called a FTF transaction. However some owners "desire" a transfer to be made. This is to provide them with positive proof that they no longer are the owner of the firearm. If that is the wishes of the owner it can be handled by a local dealer.

 

[IndyMonkey]

Be aware that he at a later date may want the firearm back and give you 100.00 more than market value for peace of mind.

 

[PM66]

Thanks for the info, Guys. He's a long time friend, so I'll just get a bill of sale, and put it in the safe. And I know he won't be wanting it back as He bought it for hunting after shoulder surgery, and never could get very accurate with it. I'm perfectly happy with my OM Blackhawk as my deer handgun, so I'll just move this for something I really want!

 

[Hkindiana]

The "$100 over market price for peace of mind" refers to a previous thread where someone worried so much after selling a pistol to an individual, that he bought it back at a ridiculous premium.

 

[hunter_47443]

The "$100 over market price for peace of mind" refers to a previous thread where someone worried so much after selling a pistol to an individual, that he bought it back at a ridiculous premium.

I was getting ready to say "WHAT??"
Thanks for clearing that up.

 

[Eprobertson1]

I would suggest that you write up a bill of sale on the weapon. Include the seller and buyer names along will DL info. Both parties should sign it and both receive a copy. I would also include that this was payment for the auto repair.
I try to do this with all sales as this protects both the seller and the buyer should a question come up about the weapon.

 

[Aszerigan]

While it is true that dealers in Indiana don't register the actual firearm (via serial number) during the transfer, per se, anyone that has ever filled out a 4473 knows that the manufacturer, model, serial number, type, and caliber of the transferred firearm are all right there on the paperwork. This establishes a clear chain of ownership. If your friend is worried about this - which he most likely is if he asked to have it transferred - then a bill of sale and a copy of this form should ease his fears.

My father sold me some firearms a couple years ago after he retired. He asked me to have them re-registered, simply on the off chance that if they were stolen, a clear chain of ownership would be documented. Its a reasonable request.

 

[finity]

This establishes a clear chain of ownership.

It only establishes a chain of ownership with one link in it. Unless every person who sells it completes a transfer then in a very short time no one will know who the owner of the gun is anymore.

Also even if the gun is transferred how will anyone know who the transfer was done through since there is no searchable database of FFL transactions. Even if the police really cared to (which from my understanding they don't) they would ONLY be able to know who the original owner was. If that person claims they sold it then there is no more legal liability unless the police can prove otherwise.

Its a reasonable request.

Possibly for a (false) sense of security but not much further than that. If you want to be better protected then just get a signed bill of sale. It's free & it will work just as well. But even that's not really necessary. Remember the government has the burden of proof.

 

[Hiram2005]

While it is true that dealers in Indiana don't register the actual firearm (via serial number) during the transfer, per se, anyone that has ever filled out a 4473 knows that the manufacturer, model, serial number, type, and caliber of the transferred firearm are all right there on the paperwork. This establishes a clear chain of ownership. If your friend is worried about this - which he most likely is if he asked to have it transferred - then a bill of sale and a copy of this form should ease his fears.

My father sold me some firearms a couple years ago after he retired. He asked me to have them re-registered, simply on the off chance that if they were stolen, a clear chain of ownership would be documented. Its a reasonable request.

No matter what anyone thinks, getting a transfer is still not re-registering a gun, as there is no registration in Indiana.

 

[jedi]

I would suggest that you write up a bill of sale on the weapon. Include the seller and buyer names along will DL info. Both parties should sign it and both receive a copy. I would also include that this was payment for the auto repair.
I try to do this with all sales as this protects both the seller and the buyer should a question come up about the weapon.

I don't have the thread or the court case but can someone please provide the ref. for this. A Bill of Sale is NOT VALID in court. It has been stated time and time again and there is at least 1 indaian court case which shows that a BILL OF SALE is meaningless in court.

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[U.S. Patriot]

I recently sold a gun to a fellow Ingo member. He was ok with signing a receipt of purchase. I took his LTCH number and his address. That way my but is coverd.