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Private handgun sales


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#1 Glockguy1120

Glockguy1120
  • Locationflemington
  • Home Range:Heritage guild/farm

Posted 03 August 2012 - 08:35 AM

Hey guys. I've been browsing the threads, and while I'm up to date on a lot of Nj gun laws, I'm new enough to the forum that I'm not up on alot of the lingo and I'm having a little trouble finding an answer in the threads.

Private handgun sales between two legal Nj gun owners still requires an ffl to handle the transfer correct? I know long guns don't require it, but I have yet to actually do a handgun transaction to someone other than a dealer.
custom built stag 5.56
custom built 7.62 ar-15
stoeger m2000
marlin 917vs
browning a-bolt 36-06
marlin 336
glock 21sf, 17, 19, 23, 27
para gi ltc
kahr cw9
kimber custom II
remington 700 sps tactical SA

"Peace is that brief glorious moment in history when everybody stands around reloading".
--Thomas Jefferson


#2 Krdshrk

Krdshrk
  • LocationLinden/New Brunswick
  • Home Range:SCFGPA

Posted 03 August 2012 - 08:38 AM

Incorrect. Do not need a FFL. Buyer will need a valid Pistol Permit (and not have purchased a handgun in the previous 30 days). That's it.

-Nick
NJ ZED Sergeant - Central Squad
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#3 Steve_G

Steve_G
  • LocationOld Bridge
  • Home Range:OBRPC

Posted 03 August 2012 - 08:39 AM

No ffl required. You fill out the buyer's p2p as the seller and you send the copies to the njsp and buyer's pd.
Steve


"The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the "high powers" delegated directly to the citizen, and 'is excepted out of the general powers of government.' A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power." [Cockrum v. State, 24 Tex. 394, at 401-402 (1859)]

#4 Glockguy1120

Glockguy1120
  • Locationflemington
  • Home Range:Heritage guild/farm

Posted 03 August 2012 - 08:52 AM

Wow all this time I thought I had to use a shop to handle a transfer. So much for relying on my local pd and dealer for info
custom built stag 5.56
custom built 7.62 ar-15
stoeger m2000
marlin 917vs
browning a-bolt 36-06
marlin 336
glock 21sf, 17, 19, 23, 27
para gi ltc
kahr cw9
kimber custom II
remington 700 sps tactical SA

"Peace is that brief glorious moment in history when everybody stands around reloading".
--Thomas Jefferson


#5 BlueLineFish

BlueLineFish
  • LocationBayonne,NJ
  • Home Range:OBRPC

Posted 03 August 2012 - 08:53 AM

Whatcha sellin?

#6 lunker

lunker
  • LocationThe woods in New Hampshire
  • Home Range:Major Waldron Sportsmen

Posted 03 August 2012 - 09:11 AM

Wow all this time I thought I had to use a shop to handle a transfer. So much for relying on my local pd and dealer for info


Your local dealer wants the transfer fee. :)
You will fill out the bottom left area of the buyer's P2P form (bottom center is when you go through an FFL). Make sure that he has a valid ID. I always check to see that the address on the license matches the one on the permit, but I have heard varying reports as to the necessity of that.

Chris

A government that robs Peter to pay Paul can always depend on the support of Paul. -George Bernard Shaw

"The state that separates its scholars from its warriors will have its thinking done by cowards, and its fighting by fools." - Thucydides.

 

 

 

 


#7 siderman

siderman
  • Home Range:Cherry Ridge

Posted 03 August 2012 - 09:31 AM

Just to clarify for you- the ID is the FID card(sometimes called FPID) issued by the cop shop.

#8 Pizza Bob

Pizza Bob
  • LocationCentral/West NJ - Mercer County
  • Home Range:EFGA or wherever someone will guest me in

Posted 03 August 2012 - 09:39 AM

Just to clarify for you- the ID is the FID card(sometimes called FPID) issued by the cop shop.


Not so. I want a picture ID. The possession of the P2P already shows they are not a prohibited person. You do not need an FPID to purchase a handgun. You want to check a valid picture ID to insure the person presenting the P2P is the person named on it.

Adios,

Pizza Bob
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#9 Glockguy1120

Glockguy1120
  • Locationflemington
  • Home Range:Heritage guild/farm

Posted 03 August 2012 - 10:18 AM

Whatcha sellin?


g21sf gen 3
http://njgunforums.c...n-3-glock-21sf/
custom built stag 5.56
custom built 7.62 ar-15
stoeger m2000
marlin 917vs
browning a-bolt 36-06
marlin 336
glock 21sf, 17, 19, 23, 27
para gi ltc
kahr cw9
kimber custom II
remington 700 sps tactical SA

"Peace is that brief glorious moment in history when everybody stands around reloading".
--Thomas Jefferson


#10 NJSigfan

NJSigfan
  • LocationPittstown, NJ
  • Home Range:Heritage Guild - Easton

Posted 08 August 2012 - 07:54 PM

Sorry to revive an old thread but...

So who handle the NICS check in a private sale? Or is one not needed?
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Sig Sauer P226
Springfield Armory 5.25 .45ACP
S&W 1911 Pro Series 9mm
STI Trojan 9mm

#11 halbautomatisch

halbautomatisch
  • LocationNorth Jersey
  • Home Range:Cherry Ridge and PA

Posted 08 August 2012 - 08:09 PM

Sorry to revive an old thread but...

So who handle the NICS check in a private sale? Or is one not needed?

No NICS is required with FTF sales.

#12 siderman

siderman
  • Home Range:Cherry Ridge

Posted 08 August 2012 - 08:21 PM

Not so. I want a picture ID. The possession of the P2P already shows they are not a prohibited person. You do not need an FPID to purchase a handgun. You want to check a valid picture ID to insure the person presenting the P2P is the person named on it.

Adios,

Pizza Bob


Thanx for fixing that, brain fart on me thinking long guns.

#13 BigHayden

BigHayden
  • LocationWest Deptford
  • Home Range:USANA

Posted 09 August 2012 - 09:56 AM

So who handle the NICS check in a private sale? Or is one not needed?


The buyer has to undergo the background check to get the P2P. It isn't that one isn't needed, it's that it's already been done.
Laws do not prevent a single crime; they only define them.
-Paraphrased from John Longenecker

#14 Jersey Joe

Jersey Joe
  • LocationHunterdon
  • Home Range:Hudson Farm & SCFGPA

Posted 09 August 2012 - 10:12 AM

And they DO check your paper work and quickly. Me and another board member had a private transaction and I wrote a wrong character for the serial number. I got a call about a week later asking me to verify and sure enough I screwed it up. They were very nice about it, and were just checking so they could update their records.

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#15 Jfoster99

Jfoster99
  • Home Range:ANJRPC

Posted 09 August 2012 - 09:34 PM

I have a few for sale in the hopper now. Someone expressed interest in buying a handgun but mentioned they recently purchased an handgun and want to know if private sales still had to wait 30 days?

I believe they do but how to I confirm I am not selling it to him to soon? I do not know the exact date he last purchased. I may ask to see his copy of the recent P2P but if he never mentioned it I would not have known?

Who gets in trouble if it is less then 30 days?



#16 halbautomatisch

halbautomatisch
  • LocationNorth Jersey
  • Home Range:Cherry Ridge and PA

Posted 09 August 2012 - 09:38 PM

I have a few for sale in the hopper now. Someone expressed interest in buying a handgun but mentioned they recently purchased an handgun and want to know if private sales still had to wait 30 days?

I believe they do but how to I confirm I am not selling it to him to soon? I do not know the exact date he last purchased. I may ask to see his copy of the recent P2P but if he never mentioned it I would not have known?

Who gets in trouble if it is less then 30 days?

You get in trouble if KNOWINGLY sell to someone within 30 days. Buyer gets in trouble whether you know or not.

#17 Jfoster99

Jfoster99
  • Home Range:ANJRPC

Posted 09 August 2012 - 09:48 PM

So not that I "know" her recently purchased a handgun. He "Must" show me the copy of the recent p2p?

That is the only way I can be certain or not sell until 30 days from now.





#18 Anselmo

Anselmo
  • Home Range:Range 14, Ready Aim Fire

Posted 09 August 2012 - 10:25 PM

So not that I "know" her recently purchased a handgun. He "Must" show me the copy of the recent p2p?

That is the only way I can be certain or not sell until 30 days from now.


If you are reasonably certain they bought a handgun within 30 days you can't sell to them. If you don't know or are reasonably uncertain then you can sell. It is the buyer's responsibility.

If I buy a handgun from FFL A and then go back week later to buy another handgun from FFL A, both FFL A and I would get in trouble. Me because I violated OGAM and FFL A because they knowingly sold to me within 30 days 2 handguns.

If I buy a handgun from FFL A and then go back week later to buy another handgun from FFL B, only I would get in trouble. Me because I violated OGAM. FFL B is not culpable because they didn't know.

#19 Sonnylee

Sonnylee
  • LocationClark NJ
  • Home Range:OBRPC, Range 14

Posted 06 January 2013 - 07:51 AM

Hey guy,
I've been following this thread and I am curious as to how the law applies if you want to sell through an auction site with a pistol firearm and ammo.
I know that it requires an FFL dealer to transfer the firearm to the winning bidder, but am I legally able to sell on a auction site such as gunbroker? Also is the sale if ammo legal on the auction site?
Just want to know before I list.
Thanks
Vince
Life Member NRA, NJ2AS, OBRPC, RANGE 14, HORNADY 366, USPSA MEMBER. OBRAMS
TRAP AND SKEET SHOOTER. CCW PENN. FLORIDA.
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"WE THE PEOPLE"

#20 hd2000fxdl

hd2000fxdl
  • LocationSayreville, NJ
  • Home Range:OBRPC

Posted 06 January 2013 - 07:53 AM

Why don't you just list what you have here, a lot of post selling don't last but a day if not down to a few minutes or less and you know it will go to a good home with the people that are here..
Harry

Member: NRA // NJ2AS // ANJRPC // SAF // USCCA // CCW FL, AZ & VA // GSSF // USPSA & SCSA
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#21 Steve_G

Steve_G
  • LocationOld Bridge
  • Home Range:OBRPC

Posted 06 January 2013 - 07:58 AM

Hey guy,
I've been following this thread and I am curious as to how the law applies if you want to sell through an auction site with a pistol firearm and ammo.
I know that it requires an FFL dealer to transfer the firearm to the winning bidder, but am I legally able to sell on a auction site such as gunbroker? Also is the sale if ammo legal on the auction site?
Just want to know before I list.
Thanks
Vince


Yes you can legally sell on Gunbroker. But as Harry said, list it here first. It will probably sell quicker and you don't have to pay a fee like on GB.
Steve


"The right of a citizen to bear arms, in lawful defense of himself or the State, is absolute. He does not derive it from the State government. It is one of the "high powers" delegated directly to the citizen, and 'is excepted out of the general powers of government.' A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power." [Cockrum v. State, 24 Tex. 394, at 401-402 (1859)]

#22 Sonnylee

Sonnylee
  • LocationClark NJ
  • Home Range:OBRPC, Range 14

Posted 06 January 2013 - 08:01 AM

Why don't you just list what you have here, a lot of post selling don't last but a day if not down to a few minutes or less and you know it will go to a good home with the people that are here..


I'm thinking of doing that as well but it it doesn't sell I'll have to list it anyway so I would want to know how the law applies.

Life Member NRA, NJ2AS, OBRPC, RANGE 14, HORNADY 366, USPSA MEMBER. OBRAMS
TRAP AND SKEET SHOOTER. CCW PENN. FLORIDA.
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"WE THE PEOPLE"

#23 hd2000fxdl

hd2000fxdl
  • LocationSayreville, NJ
  • Home Range:OBRPC

Posted 06 January 2013 - 08:04 AM

I'm thinking of doing that as well but it it doesn't sell I'll have to list it anyway so I would want to know how the law applies.


Understand, but remember a Face to Face transaction eliminates a FFL, so the buyer doesn't need to add coin to the sale for the NICS and transfer fee's, in addition, you save coin by not having to ship it, both you and the buyer save money so the total coin in your pocket is more and out of theirs is less theoretically speaking.. So is that Good or Good..
Harry

Member: NRA // NJ2AS // ANJRPC // SAF // USCCA // CCW FL, AZ & VA // GSSF // USPSA & SCSA
// Dillon 650 // OBRPC // GOA //


Like to Travel? // Hunting Trips (PM me to learn how) // Free Booking Enginehttps://harrymwells....ation?flow=pref

Bike Related: Everyone crashes. Some get back on. Some don't. Some can't.
When You Get There, There's No There There

Bad Decisions Make Great Stories
Never offer to fight an OLD geezer. If you win, there's NO glory. If you Lose, your reputation is shot.

#24 Sonnylee

Sonnylee
  • LocationClark NJ
  • Home Range:OBRPC, Range 14

Posted 06 January 2013 - 08:12 AM

I'm going to try our listing here..
Thanks fellows,
Vince
Life Member NRA, NJ2AS, OBRPC, RANGE 14, HORNADY 366, USPSA MEMBER. OBRAMS
TRAP AND SKEET SHOOTER. CCW PENN. FLORIDA.
🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸
"WE THE PEOPLE"

#25 hd2000fxdl

hd2000fxdl
  • LocationSayreville, NJ
  • Home Range:OBRPC

Posted 06 January 2013 - 08:39 AM

Good luck man..
Harry

Member: NRA // NJ2AS // ANJRPC // SAF // USCCA // CCW FL, AZ & VA // GSSF // USPSA & SCSA
// Dillon 650 // OBRPC // GOA //


Like to Travel? // Hunting Trips (PM me to learn how) // Free Booking Enginehttps://harrymwells....ation?flow=pref

Bike Related: Everyone crashes. Some get back on. Some don't. Some can't.
When You Get There, There's No There There

Bad Decisions Make Great Stories
Never offer to fight an OLD geezer. If you win, there's NO glory. If you Lose, your reputation is shot.

#26 BlueLineFish

BlueLineFish
  • LocationBayonne,NJ
  • Home Range:OBRPC

Posted 06 January 2013 - 08:53 AM

I will take it. Oh wait..you didnt post the wts thread yet

#27 Sonnylee

Sonnylee
  • LocationClark NJ
  • Home Range:OBRPC, Range 14

Posted 06 January 2013 - 07:22 PM

I will take it. Oh wait..you didnt post the wts thread yet

Bluelinefish,
If your interested pm me.
Thanks,
Vince
Life Member NRA, NJ2AS, OBRPC, RANGE 14, HORNADY 366, USPSA MEMBER. OBRAMS
TRAP AND SKEET SHOOTER. CCW PENN. FLORIDA.
🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸🇺🇸
"WE THE PEOPLE"

#28 9X19

9X19
  • LocationMorris County, New Jersey
  • Home Range:RTSP, Easton

Posted 07 January 2013 - 04:56 PM

If you are reasonably certain they bought a handgun within 30 days you can't sell to them. If you don't know or are reasonably uncertain then you can sell. It is the buyer's responsibility.

If I buy a handgun from FFL A and then go back week later to buy another handgun from FFL A, both FFL A and I would get in trouble. Me because I violated OGAM and FFL A because they knowingly sold to me within 30 days 2 handguns.

If I buy a handgun from FFL A and then go back week later to buy another handgun from FFL B, only I would get in trouble. Me because I violated OGAM. FFL B is not culpable because they didn't know.

Not true...FFL B is supposed to ask, and some will even have you sign something to the effect that you have not purchased in the last 30 days...just saying

"Freedom is never more than one generation away from extinction. We didn't pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children's children what it was once like in the United States where men were free."

Ronald Reagan


#29 Hndcnn

Hndcnn
  • Home Range:Thunder ridge

Posted 27 June 2014 - 08:12 AM

Can someone put up the lunk for a person to person hand gun sale please. Thanks guys

#30 Hndcnn

Hndcnn
  • Home Range:Thunder ridge

Posted 27 June 2014 - 08:13 AM

Meant Link




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