Buying a Firearm Online From a Private Individual

Ok, I'll start this out with a little story.  About ten years ago, when I lived in town (in a not-so-nice neighborhood), I received a knock on my front door.  People that I know go to the back door, so I knew it was either a sales person peddling their scams, a Jehovah's Witness, or something important.  Turns out it was a nice police officer.  The nice officer asked me if I owned a Smith and Wesson Centennial.  I did not, and let him know that I did not - but I did own one about five to ten years prior.  He asked what happened to the revolver, and honestly I just couldn't remember.  I knew that I sold it to a private individual, but I couldn't remember who.  Worse, I was living in another county when I sold it, and had no further contact with that individual since the sale.  The nice officer informed me that the pistol I used to own was used in an armed robbery.

Now comes the time when you try to not look guilty, when you really aren't guilty!  

The police officer and I exchanged phone numbers, and I promised to let him know if I remembered to whom I sold the pistol.  End of story, but I do have to admit a bit of nervousness.  "I forget" is right up there with "it's not mine" for a good answer to give a police officer if you don't expect some scrutiny, but honestly, I did forget.

For those of you who don't know, when you buy a new firearm, the serial number is recorded by the seller (Federal Firearms Licence holder or FFL) in his files.  If that firearm is used illegally, the police can trace the serial number back to the original buyer.  This is what happened in my story.  I bought the pistol from a little shop in central Indiana, sold it to an individual I barely knew in northern Indiana, a robbery occurred, and the police come looking for me.  A number of things could have happened since I sold the pistol.  The guy I sold it to may have sold it to someone else, someone may have stolen it from him and used it in the crime, he may have actually done the crime, he might have lost it in the woods and it was picked up by a criminal, monkeys may fly out of my - ok, you get the point.

I have learned since then to always document to whom I sell a firearm, especially a handgun.  I do not want to tell a friendly police officer that "I forget" again.  All FFL dealers are required to keep a written record of any firearm they sell or buy.

The FFL also is required to do the normal FBI background check, and have his customer fill out paperwork with all of the purchaser's information, and an affidavit that is signed by the purchaser stating that he is not a fugitive, felon, or other labels that would make him ineligible to buy a firearm.  In a sense, the FFL holder has done all he can do to make sure that the firearm is traceable, and is going to a person legally able to own a firearm.

What happens then, when a private individual sells a firearm to another private individual, such as on Armslist or other firearms trading sights?  Unfortunately, it becomes more either "buyer beware", or "seller beware", and I can't tell you which one it may be.  I would hate to think that I sold a firearm to someone that was not able to own a firearm - to knowingly do so is a federal crime, and I would certainly not be fond of visiting the Gray Bar Motel.  I would of course never do that, but what if it was truly unintentional?  Again, I don't want to have to answer awkward questions from the nice police officer.

Here's another story for you - happened earlier this year.  I saw a great deal on ArmsList where a guy wanted to trade an AR15 for what was described as a WWII Colt 1911.  I did not at the time own a military issue 1911, and I just happened to have an "extra" (cheap) AR15 in my safe.  My son and I went to the guy's house and stood in his kitchen while he went to get the pistol.  Keep in mind that I was packing my carry 1911, and was a bit "on edge" with the guy acting a little "squirrely".  Can you say RED ALERT STATUS?

When you go to someone's house with CASH to purchase a firearm, who knows what could happen.  Same thing when someone comes to your house with a firearm to sell, or to buy a firearm from you. I would venture to say that most people that are "into" firearms are some of the best people you would ever meet - but you just never know.  Are you being set up to get robbed, or worse?

When he brought out the 1911, my jaw nearly hit the floor.  So much for negotiating a better deal with my horrible poker face.  It wasn't a WWII model, but a WWI model!!!  His story was that he bought it from his buddy with the intention of carrying it, but it was just too big for him.  A little sketchy, now that I think about it!

I looked it over, made the trade (smiling a huge smile internally) got in my truck and started home.  Then a thought occurred to me.  What if the 1911 was stolen?  Thinking fast, I called a police officer friend to see if he would do a serial number check on it, and immediately drove to the police station.  I handed my sweet baby 1911 over to the officer, and he proceeded to call the national database on his cell phone.  He read the serial number to the lady on the other end (his volume was loud enough to hear both sides of the conversation from two blocks away).  There was a pause for a few minutes, then I heard the lady say "I have a hit on that serial number".  To translate into English, a "hit" means that it is stolen.  He read back the numbers again, while all kinds of bad thoughts went through my head - "ok, I am in possession of a stolen firearm, this guy I traded has my AR, I don't know his name or who he is, and I probably just lost the AR and my sweet little darling 1911".  Obviously, the officer knew that I hadn't done anything wrong, so I wasn't worried about any legal issues, but I was worried about losing BOTH firearms.  I figured my AR was long gone by now...

Luckily, I then overheard the lady on the other end of the phone explain that it was the correct serial number, but the hit for that serial number came back to a Colt 38 special revolver.  The officer explained to her that it was not a revolver, and not a 38 special.  I got my sweet little gem of a 1911 back, and promptly put her to bed in my safe.  Unknown to me until I looked up the serial numbers online, back in 1913 Colt numbered their pistols for each model.  It is very possible that a revolver and a semi-auto 1911 in that time period could have the same serial number.  That has since been changed, and every firearm has a distinct model and serial number.

As you can see, buying and selling in a private deal can be not only tricky and possibly dangerous, but could also be costly.  I would also think that an attorney could go after someone that "knowingly" sold a firearm to someone not qualified to own one - in a civil case.  I would hope that no one reading this would do this, but what if you didn't know the person was qualified?  There really isn't any good way to find out, so documenting everything is key.

There are a couple of things that you can do to protect yourself.  First off, if the deal doesn't feel right, or you feel uneasy, don't do it.  Trust your instincts! (I know, I don't always follow my own advice!)  Next, keep a record of who, what, when, and where you bought or sold a firearm; and keep that record separate from your firearms - obviously not in the safe with them!

I found a really nice form for a private sale online, and the link to it is here:  Firearms Bill of Sale

You will need to download by saving the document to your computer before you can print it - make sure to print two copies, one for you and one for the other party.  It is a very easy and thorough form to use, similar to the form that a FFL dealer would use.  I'm not an attorney and of course would never give legal advice, but I would venture to guess that using this form and verifying the information within would be "due diligence" if there was a problem.  My attorney friends are welcome to comment below....

I wish I would have had the buyer of that Smith and Wesson Centennial fill out this form - especially if he was the one that used it in a crime!  While writing this, I just remembered that the guy's first name was Mike.  If you are out there, Mike, just know that it is possible that I may eventually rack my brain enough to remember your last name (it took me over ten years to remember your first name).  Then you can answer the nice police officer's questions!

Don't let me persuade you NOT to use web sites like ArmsList.  I have bought and sold a few firearms from some very good people on ArmsList, and of course the sweet deal on the 1911!  In the end, it is up to you to make sure you do everything you can to be not only legal, but moral.  

To my friends that are reading this:  If I know you, I probably didn't make you fill out a form, but from now on I will.  If something ever happens to me and my firearms are passed down to my family or sold, it is important that a record is kept.  We can talk about estate sales and grieving widows and those that take advantage of them some other time.

Be careful, and be safe.  While you're at it, take the time to explain firearms safety to your friends, relatives, and kids.

See you next week.