Waiting period to sell a firearm after purchasing it from FFL dealer

[lmfaodj]

I was told that if someone buys a firearm from a FFL dealer that there is a 6 month waiting period before they are able to sell it to someone and have it transferred into that persons name. Is this true? I can't seem to find any information on this.

Not sure if this is the correct place to ask this so if it is not I apologize

 

[323MAR]

We don't have gun registration in Louisiana, so there is no actual "transfer" of a Class 1 here. If you use an FFL to sell your firearm, the only benefit is that a background check is performed and a 4473 form filed with the dealer. An ATF trace will still lead to you after which you refer them to the FFL.
There is no waiting period in Louisiana.

 

[lmfaodj]

We don't have gun registration in Louisiana, so there is no actual "transfer" of a Class 1 here. If you use an FFL to sell your firearm, the only benefit is that a background check is performed and a 4473 form filed with the dealer. An ATF trace will still lead to you after which you refer them to the FFL.
There is no waiting period in Louisiana.

Ok. So say I purchase a handgun from a gun store. There is no waiting period before I can sell that gun in a private sale correct? Sorry just a bit confused

 

[SSaltz]

You have to be careful or they will think it's a straw purchase, which is a felony. Well at least two felonies.

 

[lmfaodj]

You have to be careful or they will think it's a straw purchase, which is a felony. Well at least two felonies.

Yeah that's what I'm trying to watch out for. Wasn't sure if there was something that explicitly stated how long you need to wait before you can sell.

 

[SSaltz]

I personally wouldn't think about selling for at least a couple of months and a few range visits.

 

[Bigchillin83]

sell it when ever you want,

you do have to watch out for straw law, which is basically you buying a gun for a known felon or buying it for somebody who is prohibited and/or selling it or gifting it to them

there is also a law on the books and dont quote me that you cannot buy a gun with the "intentions" of selling it to make a profit without a license...

So if they can prove intent that means you cant go buy a glock 17 at academy for $549 then sell it for the normal asking price on bayoushooter for $750 to make a profit

 

[machinedrummer]

I smell alphabet soup on this one. Be vewwy cawfull. Never sell. You will regret it in time.

 

[AustinBR]

Ok. So say I purchase a handgun from a gun store. There is no waiting period before I can sell that gun in a private sale correct? Sorry just a bit confused

If you are buying a firearm with the intent of (re)selling it, that's a no-no.

If you buy a firearm and honestly decide that you just don't like it, you are good to go to sell it privately, so long as you follow all other applicable laws.

 

[T-Rigger]

I have been worried about this. I have bought a piece at a gun show, then had offers to buy it while walking around carrying it. Always turned down, till now, because of possible accused straw sale. Hopefully will learn something here. How to prove one way or another? Does it possibly have to do with prior relationship with 2nd buyer? The ATF apparently has wide ranged discretion in interpreting one's intent to violate the rules. I have my own sell/buy form that contains pertinent info to document transaction ... but that's little protection from ATF BS.

 

[AustinBR]

I have been worried about this. I have bought a piece at a gun show, then had offers to buy it while walking around carrying it. Always turned down, till now, because of possible accused straw sale. Hopefully will learn something here. How to prove one way or another? Does it possibly have to do with prior relationship with 2nd buyer? The ATF apparently has wide ranged discretion in interpreting one's intent to violate the rules. I have my own sell/buy form that contains pertinent info to document transaction ... but that's little protection from ATF BS.

I don't think it's too difficult. Don't buy a firearm with the intent to resell it. If you buy it and don't like it, there is no reason not to sell it unless you just like to collect things.

I can't fathom you going to a gun show I can't really see a situation where you'd (a) get a good deal on something nowadays and (b) have someone randomly come up to you and offer more than what was originally asked for it to sell it.

Even if both a and b happen, if you really wanted the gun, you probably wouldn't want to sell it anyway even for a small profit. And if someone was willing to pay grossly more than what you just paid for it, well, that should be a red flag...

TLDR: Don't buy guns with intent to resell. Don't buy guns with the intent to sell for a profit.

 

[T-Rigger]

If you are buying a firearm with the intent of (re)selling it, that's a no-no.

If you buy a firearm and honestly decide that you just don't like it, you are good to go to sell it privately, so long as you follow all other applicable laws.

Every thing I buy, there's a potential to resell it, as we all know. What's an acceptable time lapse between purchase and sale? I guess as long it's not held as evidence in commission of a crime, there's no issue. Who knows what, if any, are the parameters?

 

[Jstudz220]

As long as you’re not buying with the sole intention of reselling it you’re fine. If you buy a firearm and bring it home then decide in the next 15 minutes you don’t want it you can sell it. It’s really not that complicated so long as your aren’t buying with the sole intention of turning around and selling it.

 

[T-Rigger]

I don't think it's too difficult. Don't buy a firearm with the intent to resell it. If you buy it and don't like it, there is no reason not to sell it unless you just like to collect things.

I can't fathom you going to a gun show I can't really see a situation where you'd (a) get a good deal on something nowadays and (b) have someone randomly come up to you and offer more than what was originally asked for it to sell it.

Even if both a and b happen, if you really wanted the gun, you probably wouldn't want to sell it anyway even for a small profit. And if someone was willing to pay grossly more than what you just paid for it, well, that should be a red flag...

TLDR: Don't buy guns with intent to resell. Don't buy guns with the intent to sell for a profit.

I don't disagree with what you say about intent. You doubt that it occasionally happens? Been collecting, trading, shooting since early 1970's. It's happened more than once, with rented tables & without. Early Sat AM, catch a good deal with an individual. I got there first. Later, someone sees it having a long-standing, real yen for that piece, asks for price...etc.
Like I said, I have declined selling for fear of the ATF BS.
Now in my twilight years, I am no longer tempted to have short term buy-sell transactions. Now, only reducing inventory... unless...? Still have the itch.

 

[Dishonored]

Filled out a new Form 4473 today at sportsman in Slidell. They had two new questions on there referring to the intent to sell to anyone described in 21, c-m.
See most current form from ATF website.

 

[Bigchillin83]

i guess the real question is.....

what you selling

 

[AustinBR]

I don't disagree with what you say about intent. You doubt that it occasionally happens? Been collecting, trading, shooting since early 1970's. It's happened more than once, with rented tables & without. Early Sat AM, catch a good deal with an individual. I got there first. Later, someone sees it having a long-standing, real yen for that piece, asks for price...etc.
Like I said, I have declined selling for fear of the ATF BS.
Now in my twilight years, I am no longer tempted to have short term buy-sell transactions. Now, only reducing inventory... unless...? Still have the itch.

Nowdays good deals at a gun show are few and far between.

 

[T-Rigger]

Nowdays good deals at a gun show are few and far between.

Agreed

 

[T-Rigger]

Filled out a new Form 4473 today at sportsman in Slidell. They had two new questions on there referring to the intent to sell to anyone described in 21, c-m.
See most current form from ATF website.
View attachment 139384

Filled out a new Form 4473 today at sportsman in Slidell. They had two new questions on there referring to the intent to sell to anyone described in 21, c-m.
See most current form from ATF website.
View attachment 139384

Wow! Thanks for the form - I have not purchased anything since the form changed. I have not seen or read one. There may be other questions addressing straw sales. As usual, everything the Feral Gummit does increases our protection.

To quote question # 21. c...
"c. Do you intend to sell or otherwise dispose of any firearm listed on this form and any continuation sheet(s), or ammunition, in furtherance of any felony or other offense punishable by imprisonment for a term of more than one year, a Federal crime of terrorism, or a drug trafficking offense." (my emphasis)

What a STUPID question! Did Wuhan Joe author this? This is like the protection guaranteed by "GUN FREE " Zones. This is NOT related to "straw" sales - it "assures" that the potential buyer alleges no INTENT to resell the firearm or any ammo, to an (implied /avowed) felon, terrorist or drug dealer (with impled intent to commit said act). Do the avowed F's, T's or DD's carry certified credentials for ID? Should we check them?

No time limit on intent to dispose of. Note that "...felony or other..." offenses carrying sentences of LESS THAN ONE YEAR ... are not covered. What idiot would say "YES" to 21.c.?

Big Mother is watching (some of) us.

 

[Fordfella]

Wow! Thanks for the form - I have not purchased anything since the form changed. I have not seen or read one. There may be other questions addressing straw sales. As usual, everything the Feral Gummit does increases our protection.

To quote question # 21. c...
"c. Do you intend to sell or otherwise dispose of any firearm listed on this form and any continuation sheet(s), or ammunition, in furtherance of any felony or other offense punishable by imprisonment for a term of more than one year, a Federal crime of terrorism, or a drug trafficking offense." (my emphasis)

What a STUPID question! Did Wuhan Joe author this? This is like the protection guaranteed by "GUN FREE " Zones. This is NOT related to "straw" sales - it "assures" that the potential buyer alleges no INTENT to resell the firearm or any ammo, to an (implied /avowed) felon, terrorist or drug dealer (with impled intent to commit said act). Do the avowed F's, T's or DD's carry certified credentials for ID? Should we check them?

No time limit on intent to dispose of. Note that "...felony or other..." offenses carrying sentences of LESS THAN ONE YEAR ... are not covered. What idiot would say "YES" to 21.c.?

Big Mother is watching (some of) us.

I heard the story from someone who should know, about an individual who answered that he was not a user of illegal drugs, then wanted to use his Marijuana card as his I.D.