School me ftf handgun sale

[vet14tango]

I have a handgun for sale. The person wanting to buy is 19. Legal? Thoughts? Advice?

 

[Slawburger]

IC 35-47-2-7 Version a
Prohibited sales or transfers of ownership
Note: This version of section effective until 7-1-2014. See also following version of this section, effective 7-1-2014.
Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon (as defined in IC 35-50-2-11) to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7.
IC 35-47-2-7 Version b

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Prohibited sales or transfers of ownership
Note: This version of section effective 7-1-2014. See also preceding version of this section, effective until 7-1-2014.
Sec. 7. (a) Except an individual acting within a parent-minor child or guardian-minor protected person relationship or any other individual who is also acting in compliance with IC 35-47-10, a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under eighteen (18) years of age.
(b) It is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another person who the person has reasonable cause to believe:
(1) has been:
(A) convicted of a felony; or
(B) adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than twenty-three (23) years of age;
(2) is a drug abuser;
(3) is an alcohol abuser; or
(4) is mentally incompetent.
(c) A person who knowingly or intentionally violates this section commits a Level 5 felony.
As added by P.L.311-1983, SEC.32. Amended by P.L.33-1989, SEC.126; P.L.140-1994, SEC.8; P.L.269-1995, SEC.7; P.L.158-2013, SEC.577.

 

[pudly]

Slawburger gave you the proper legalese. You should bookmark the Indiana Code for future reference. It isn't a fun read, but you really should go through it at least once. That said, the minimum requirements for a person-to-person handgun sale in Indiana are:

• The buyer needs to be at least 18.
• Both the buyer and seller are from Indiana. If either is from outside the state, the sale must go through an FFL.
• You have no reason to believe the buyer is a prohibited person (felon, etc).

Many people will ask to see buyer's drivers license to verify the first two requirements. Private citizens don't have any easy way to check the last requirement. Some will ask to see the buyer's LTCH (License to Carry Handgun) as the state did that part when they issued the license. Finally, some will require a bill of sale as evidence of the transfer. Some require none of the documentation and it is your right to go either way.

 

[30calmachinegunner]

It's legal to sell to a person 18 years or older as long as they are not prohibited from owning a firearm. By law you don't HAVE to record the persons info but it's not a bad idea, "usually" as long as they have an Indiana drivers lic and a gun permit they are good to go. Word of advice, if it feels "hinky" don't sell it, not worth the possible headaches.

 

[BiscuitNaBasket]

It's legal to sell to a person 18 years or older as long as they are not prohibited from owning a firearm. By law you don't HAVE to record the persons info but it's not a bad idea, "usually" as long as they have an Indiana drivers lic and a gun permit they are good to go. Word of advice, if it feels "hinky" don't sell it, not worth the possible headaches.

Why is it "usually not a bad idea" to record information about a person when selling a firearm that you, as the seller, are not legally obligated to do?

 

[SERparacord]

Here we go again.

 

[Birds Away]

Oh boy!

 

[IndyGunSafety]

Why is it "usually not a bad idea" to record information about a person when selling a firearm that you, as the seller, are not legally obligated to do?

So when ATF shows up at your doorstep five years from now after the gun has been used to kill a family, you will have a bill of sale leading law enforcement to the next owner so they can continue their trace, and showing you no longer own the gun. Some people think this is the proper and decent thing to do. Other people worry about privacy, the government getting involved and keeping records. I think one needs to follow one's conscience. I am not advocating either position.

Also, it shows you have performed due diligence in not selling a firearm to a prohibited person. But ID checks and bills of sale are not required.

 

[Lammchop93]

I am 20 years old, and have bought guns privately when I was 18 and 19. I have a LTCH which shows I am a proper person and in good standing with the law. Just make sure the buyer has an IN drivers license. It is not required that he has a LTCH, but it may make you feel better that you were selling to someone in good standing.

 

[Expat]

Gun registration would certainly take care of everyone's concerns.

 

[Slawburger]

Here we go again.

 

[GodFearinGunTotin]

Gun registration would certainly take care of everyone's concerns.

That and mandatory training prior to obtaining your permit so that a person would learn the answer to such questions

 

[BiscuitNaBasket]

So when ATF shows up at your doorstep five years from now after the gun has been used to kill a family, you will have a bill of sale leading law enforcement to the next owner so they can continue their trace, and showing you no longer own the gun. Some people think this is the proper and decent thing to do. Other people worry about privacy, the government getting involved and keeping records. I think one needs to follow one's conscience. I am not advocating either position.

Also, it shows you have performed due diligence in not selling a firearm to a prohibited person. But ID checks and bills of sale are not required.

I get that, to cover your a$$ explanation. What I was referring to was why it is "usually not a bad idea." Either it is or it isn't. If you only record information for some of your firearm sales that doesn't make sense.

 

[SERparacord]

 

[Dirtebiker]

Slawburger gave you the proper legalese. You should bookmark the Indiana Code for future reference. It isn't a fun read, but you really should go through it at least once. That said, the minimum requirements for a person-to-person handgun sale in Indiana are:

• The buyer needs to be at least 18.
• Both the buyer and seller are from Indiana. If either is from outside the state, the sale must go through an FFL.
• You have no reason to believe the buyer is a prohibited person (felon, etc).

Many people will ask to see buyer's drivers license to verify the first two requirements. Private citizens don't have any easy way to check the last requirement. .

That's the easiest one! If I don't believe the buyer is a prohibited person,... then I "have no reason to believe the buyer is a prohibited person"!

 

[Dirtebiker]

So when ATF shows up at your doorstep five years from now after the gun has been used to kill a family, you will have a bill of sale leading law enforcement to the next owner so they can continue their trace, and showing you no longer own the gun. Some people think this is the proper and decent thing to do. Other people worry about privacy, the government getting involved and keeping records. I think one needs to follow one's conscience. I am not advocating either position.

Also, it shows you have performed due diligence in not selling a firearm to a prohibited person. But ID checks and bills of sale are not required.

How does writing down the buyers info. "show you have performed due diligence"? Prohibited people can still have a drivers license and/or a LTCH.

 

[BiscuitNaBasket]

 

[Dirtebiker]

Gun registration would certainly take care of everyone's concerns.

BINGO!

 

[30calmachinegunner]

Why is it "usually not a bad idea" to record information about a person when selling a firearm that you, as the seller, are not legally obligated to do?

I've re read my post several times and I've yet to see the "quote" you attributed to me, you might benefit from a course in reading comprehension, your attempt at humor/sarcasm would be better if you would take the time you spend here and better your education. Notice the comma? It does have meaning.

For or the record, this is what I said " By law you don't HAVE to record the persons info but it's not a bad idea, "usually" as long as they have an Indiana drivers lic and a gun permit they are good to go"

 

[rugertoter]

Gun registration would certainly take care of everyone's concerns.

I agree! That's an excellent idea!