Private Sale Revisited - long
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The following text is for those who can not download the file or who prefer
A few years ago, I started a web site called www.privategunsale.com because
I was upset with some newspaper agencies and radio stations that refused to
run gun ads.
The site allowed private parties to run free, anonymous firearm ads online
with unlimited copy and pictures. I categorized ads by state, and also
posted the Federal Laws and State laws showing that these transactions were
I maintained then, as I do today, that buying guns from an FFL is a huge
mistake. When one buys a gun from a licensed FFL, they are required to fill
out paperwork, undergo a background check, and in some cases, get
fingerprints, and endure a waiting period. Im sorry, but ALL of those steps
are infringements on our right to keep and bear arms.
Congress reluctantly agreed to allow background checks provided that all
records from these checks would be destroyed within 48 hours and that no
government agency would use the records to create a national database.
Considering that the state of Illinois is now using these records to
confiscate legally purchased guns, I think we can all agree that those
records are not destroyed, and that they never intended to destroy them.
Instead, a national database of firearms owners exists today. If you are not
concerned about the government having a national database of firearm owners,
turn off your computer and go back and watch your Friends reruns and keep
telling yourself that the government is our friend. No, on second thought,
go take a bath with your blow dryer so that you dont continue to help those
who would infringe on our rights.
The passage of the USA PATRIOT Act has given us even more reasons to never
purchase firearms from an FFL. The USAPA allows jackbooted ninjas to demand
all business records from any business and prohibits the business owner from
telling anyone of their investigation. Of course, the USAPA also allows
government agents to go into ANY home or business for 30 days and plant
surveillance equipment including (but not limited to) key stroke monitors,
hidden cameras, and listening devices. This can be done without a warrant,
and without ever notifying the property owners. This is called the sneak and
peak provision. Prior to the passage of the USAPA, our homes and privacy was
protected under the 4th amendment.
Still not convinced that a private gun sale is the way to go? Did you know
that once you buy a gun from a dealer, you are responsible for registering
it (again) if the law decides that the gun appears to be too scary looking?
Failure to register these guns will lead to confiscation without
In addition to the hundreds of used guns, the web site had dozens of NEW
guns for sale for a discount compared to the same guns purchased at large
retail gun shops.
Now I realize that there are a number of collectors out that that want a
particular rifle the minute that the factory offers it. Obviously, they
could care less about the database. Their primary interest is as an
investment. However, there are others out there that want guns for more
practical reasons: self defense, for hunting, and in the event that their
guns will be needed to stop a tyrannical government. If these are your
reasons, consider a private gun sale.
The other reason I prefer private gun sales to sales through an FFL, is that
I have the power to deny a sale to someone I dont like or dont trust. When
someone goes to an FFL, in most cases the dealer must sell the gun to the
customer provided that the background check doesn'tt flag the individual as
Plain and simple the process required to purchase a gun from an FFL is
registration. If you dont approve of gun registration, stop supporting it.
It is my hope that citizens will trade, or sell all of their registered
guns to someone else, and then you buy some unregistered guns from a
private party in your state. Of course, it is always possible that their
registered guns are stolen from their homes, and this would also remove
their name from the national database.
Private Gun Sale
A Constitution in Tatters, a Country in Distress
Speaking up for the 2nd Amendment shouldn't be politically incorrect!
Anonymous private firearm ads
Click here to learn Why the Flag is Upside down?
I have spoken with Constitutional attorneys, checked state laws, and even
checked the BATF rules. Private gun sales are legal! However, I still urge
you to check the laws in your state, for yourself. I have created a Gun Laws
page with federal regulations that apply to private party gun sales. Current
gun laws for your state.
The 2nd Amendment is essential to insure the freedom of our country. Current
laws, including the instant background check, are not consistent with the
Constitution of the United States - It is gun registration. See what Chicago
is doing with this information - link.
Every country that has ever implemented gun registration has declared that
the information will not be used to confiscate guns. Yet, every single
country has used that information to confiscate guns - including the United
States. In fact, it is going on in California, Chicago, Washington DC, New
Jersey, Massachusetts and New York City right now. This list will continue
to grow until we get rid of politicians who have no regard for our
constitution, or our rights.
Today, there are over 20,000 unconstitutional gun laws on the books. It is
time to get rid of politicians who refuse to repeal unconstitutional laws.
Call them today and tell them why you will be voting against them. Vote them
out of office - I vote Libertarian!
To help US Citizens legally purchase and sell personal firearms while
maintaining their privacy. This site is designed to help you find private
parties in your own state to buy from and sell to. We have created a forum
for those wishing to sell a firearm to a US citizen in their own state.
If you think this site is important or useful and would like to help support
it, you can help by sending us a $3 donation.
Enjoy the site, spread the word, and lets work towards liberty in our
lifetime. - Web
You Have Two Options for Legally Buying a Gun Today:
1. Go to a gun dealer who is registered with the Federal Government as an
arms dealer. If you do this, the dealers are required to have you REGISTER
with the FBI via the Instant Background Check. They are required to keep
records of you and of the transaction, which can be obtained by Federal
officers anytime they wish. Call it what you want - it is registering!
2. OR - Your second option is to purchase a gun from a Private party. This
is still legal in most states. It is legal to purchase a firearm from a
private party for your personal use without registering the transaction with
your local, state, or federal government. You do not have to complete any
paper work. You do NOT have to register with any agency that may wish to
confiscate your guns in the future. It is my opinion that everyone should
purchase guns this way.
Click here to Find out the law for your state.
Laws and Rules for private parties, from the BATF Website.
B. UNLICENSED PERSONS
(B1) To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if the
buyer is not prohibited by law from receiving or possessing a firearm, or to
a licensee in any State. A firearm other than a curio or relic may not be
transferred interstate to a licensed collector.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
(B2) From whom may an unlicensed person acquire a firearm under the GCA?
A person may only buy a firearm within his own State except that he may buy
a rifle or shotgun, in person, at a licensee's premises in any State,
provided the sale complies with State laws applicable in the State of sale
and the State where the purchaser resides.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
(B3) May an unlicensed person obtain a firearm from an out-of-State source
if he arranges to obtain the firearm through a licensed dealer in his own
A person not licensed under the GCA and not prohibited from acquiring
firearms may order a firearm from an out-of-State source and obtain the
firearm if an arrangement is made with a licensed dealer in the purchaser's
State of residence for the purchaser to obtain the firearm from the dealer.
[18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
(B4) May an unlicensed person obtain ammunition from an out-of-State source?
Yes, provided he is not a person prohibited from receiving firearms and
[18 U.S.C. 922(g) and (n)]
(B5) Are there certain persons who can't legally receive or possess
Yes, a person who -
(1) Is under indictment for, or has been convicted in any court of, a crime
punishable by imprisonment for a term exceeding one year;
(2) Is a fugitive from justice;
(3) Is an unlawful user of or addicted to any controlled substance;
(4) Has been adjudicated as a mental defective or has been committed to a
(5) Is an alien illegally or unlawfully in the United States;
(6) Has been discharged from the Armed Forces under dishonorable conditions;
(7) Having been a citizen of the United States, has renounced his
(8) Is subject to a court order that restrain the person from harassing,
stalking, or threatening an intimate partner or child of such intimate
cannot lawfully receive, possess, ship, or transport a firearm.
[18 U.S.C. 922(g), 27 CFR 178.32]
(B6) Do law enforcement officers who are subject to restraining orders and
who receive and possess firearms for purposes of carrying out their official
duties violate the law?
Not if the firearms are received and possessed for official use only. The
law prohibits persons subject to certain restraining orders from receiving,
shipping, transporting or possessing firearms or ammunition. To be
disabling, the restraining order must:
1. specifically restrain the person from harassing, stalking, or threatening
an "intimate partner" of the person (e.g., spouse);
2. be issued after a hearing of which notice was given to the person and at
which the person had an opportunity to participate; and
3. include a finding that the person subject to the order represents a
credible threat to the "intimate partner" or child of the "intimate partner"
OR explicitly prohibit the use, attempted use, or threatened use of force
against the partner.
However, the GCA has an exception for the receipt and possession of firearms
and ammunition on behalf of a Federal or State agency. Therefore, the GCA
does not prohibit a law enforcement officer under a restraining order from
receiving or possessing a firearms or ammunition for use in performing
official duties. Possession of the firearm off duty would be lawful if such
possession is required by his department. An officer subject to a disabling
restraining order would violate the law if the officer received or possessed
a firearm or ammunition for other than official use.
[18 U.S.C. 922(g)(8), 925(a)(1)]
(B7) May a nonlicensee transport firearms interstate for sporting or other
Yes, provided the weapon is unloaded and in a locked trunk or, in a vehicle
lacking a trunk, in a locked container other than the glove compartment or
console. Also, the carrying and transportation must be lawful in the place
of origin and destination.
[18 U.S.C. 926A, 27 CFR 178.38]
(B8) May a nonlicensee ship a firearm through the mails?
A nonlicensee may mail a shotgun or rifle to a resident of his own State or
to a licensee in any State. Handguns are not mailable. A common or contract
carrier must be used to ship a handgun. A nonlicensee may not transfer a
handgun to a non licensed resident of another State.
The Postal Service recommends that long guns be sent by registered mail and
that no marking of any kind which would indicate the nature of the contents
be placed on the outside of any parcel containing firearms.
A carrier must be notified that the shipment contains a firearm.
In addition, Federal law prohibits common or contract carriers from
requiring or causing any label to be placed on any package indicating that
it contains a firearm.
[18 U.S.C. 922(a)(2)(A) and 922(e), 27 CFR 178.31]
(B9) May a nonlicensee ship firearms interstate for his use in hunting?
Yes. A person may ship a firearm to himself in care of another person in the
State where he intends to hunt. The package should be addressed to the
owner. Persons other than the owner should not open the package and take
possession of the firearm.
(B10) May a person who is relocating out-of-State move firearms with other
Yes. A person who lawfully possesses a firearm may transport or ship the
firearm interstate when changing his State of residence.
Certain NFA firearms must have prior approval from the Bureau of ATF, NFA
Branch, Washington, DC 20226, before they may be moved interstate. The
person must notify the mover that firearms are being transported. He should
also check State and local laws where he is relocating to ensure that his
movement of firearms into his new State does not violate any State law or
[18 U.S.C. 922(a)(4), 27 CFR 178.28 and 178.31]
(B11) What constitutes residency in a State?
The State of residence is the State in which an individual regularly resides
or maintains his home. A member of the Armed Forces on active duty is a
resident of the State in which his permanent duty station is located. If a
member of the Armed Forces maintains his home in one State and his permanent
duty station is in a nearby State to which he commutes each day, then he may
purchase a firearm in either the State where he is stationed or where he
maintains his home.
[18 U.S.C. 921(b) and 922(b)(3), 27 CFR 178.11]
(B12) May a person who resides in one State and owns property in another
State purchase a handgun in either State?
If a person maintains a home in two States and resides in both States for
certain periods of the year, he may, during the period of time he actually
resides in a particular State, purchase a handgun in that State. But simply
owning property in another State does not qualify the person to purchase a
handgun in that State.
(B13) May foreign visitors buy firearms?
Yes, provided they meet certain requirements:
(1) An alien who is in this country legally and has resided in a particular
State for a period of a least 90 days is considered to be a resident of that
State and able to purchase a firearm if he is not otherwise prohibited; or,
(2) An alien who is in a State in which his embassy or consulate is located
and who has been authorized in writing by the principal officer of the
embassy or consulate to purchase a firearm, would be considered a resident
of that State for purposes of purchasing a firearm within that State. The
alien may also purchase a rifle or shotgun at licensed premises in another
State if such purchase would be legal in the State where the embassy or
consulate is located as well the State where the licensee is located. In
addition, the alien should be cautioned that the firearm may not be exported
without first complying with the provisions of the Arms Export Control Act.
(See Item 5 under "General Information," Page 91.)
[18 U.S.C. 921, 27 CFR 178.11]
(B14) May a parent or guardian purchase firearms or ammunition as a gift for
a juvenile (less than 18 years of age)?
Yes. However, in the case of handguns, possession of handguns by juveniles
(less than 18 years of age) is generally unlawful. Juveniles may only
receive and posses handguns with the written permission of a parent or
guardian for limited purposes, e.g., employment, ranching, farming, target
practice or hunting.
[18 U.S.C. 922(x)]
(B15) Does curio or relic status affect the transfer of a firearm to a
nonlicensee or possession by a nonlicensee?
No. Curios or relics are still firearms subject to the provisions of the
GCA; however, curio or relic firearms may be transferred in interstate
commerce to licensed collectors or other licensees.
Find out the current gun laws for your state.
If you agree that private gun sales are important to the RKBA movement, you
liked the above article and would like to see www.privategunsale.com
re-established, send me $10.
I have reserved the domain name www.privategunsale.us. If I can raise $200
for this site, I will start the site up again. If I dont raise $200 within
30 days, I will send you back your money. In addition, I strongly suggest
that anyone with a server who wants to establish mirror sites to do so. As
before, all ads will be anonymous, but donations for items posted or sold
would be appreciated and good way to see that the site continues.
09300101a - For Sale Used Ruger .357 Mag Blackhawk revolver with leather
holster. Excellent condition. Price includes holster and 100 rounds of ammo.
Utah - $225
Note: Since I started my site, one of the local TV/Radio programs in Utah
have set up an online bulletin board that allows private gun sales. The site
is excellent and if you live in Utah, I highly recommend it -
Urge someone in your state to offer a similar bulletin board.
For an excellent history of the assault on our gun rights, I suggest that
you read Unintended Consequences by John Ross, and How Governments Disarm
Citizens: When Laws Replace Rights by J.D. Hudson
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