selling estate hand guns

Question
Bob,

I know nothing about owning hand guns as you will see. My father passed away several years ago and left a few pistols that my Mom inherited.  She passed away last month, so now my sister and I have to do something with the guns.  My brother-in-law wants to sell them at the estate sale, but I think there is probably much more involved than simply selling them like that. They are still registered under my Dad's name. I know laws are different in every state, but are there some basic rules to start the process? Do we contact the police department when someone wants to buy one to let them know?

Any basic information would be helpful.  Thanks

Kathy Henry

Answer
Hi Kathy.

First a disclaimer: I am not a lawyer or an expert on firearm laws or the variations form state to state.  I will answer this question to the best of my knowledge and I believe it to be correct but it is probably a good idea for you to double-check this info with a local gun shop or police department.  When seeking advice or approaching others to sell your firearms please be advised that the advice you receive may often be biased based on whether the person you are talking with is interested in buying your firearms or if they have any political biases.  Sometimes good people that mean well will give you incorrect information simply because they have been misinformed as well.  Now on to the answer:

Federal law requires all brand new, never-owned guns to be sold by licensed dealers only.  The dealer requires the buyer to fill in a standard federal form, they usually take finger or thumb prints, and then they conduct a background check to make sure you are not prohibited from owning the firearm.  Some states may have their own additional form and/or background check process however each background check is always run through the federal database to check for criminals or other prohibited persons.  Once the buyer completes the forms, passes the background check, and pays for the firearm then they become the legal owner of the firearm.

As an individual you are allowed to sell or give your legally owned firearm to any other US resident which is legally allowed to own it.  You are allowed to do this without any paperwork or government agencies involved: just take the money, write out a paper receipt, and shake hands.  This is the process that I use when selling a firearm to a good friend or family member, however this can be risky if you do not know the person well since they could be a prohibited person and you wouldn't know it.  They might lie about their background, present false ID, or they could even purchase your firearm for the sole purpose of giving it to someone else who is not authorized to have it (this is illegal).

In most cases you would not be held liable or prosecuted if you sell a firearm in good faith and take reasonable precautions to identify the buyer and verify that they are legally eligible to buy it, however you could be fined, sued, or even imprisoned if the buyer was not eligible or they later do something illegal with the firearm.  So to protect yourself as the seller it is a good idea to agree on a price for the sale, then require the buyer to meet you at a local gun shop where the dealer can do a full legal transfer for you.  The dealer will hold your gun and run the serial number to make sure it is not stolen, require the buyer to complete all of the normal forms, conduct the background check, and then release the firearm to the buyer once they have passed the check.  This makes the sale "official" in the sense that it is recorded on the dealer's log and it releases you from the liability of checking the buyer out.  Of course the dealer will charge a fee for this since they have to do the paperwork and they incur some liability, however it is usually customary to require the buyer to pay the transfer fee.  Some buyers will not be interested in this since they don't want the hassle or they don't want to pay the fee.  They might ask you to take less for the firearm but this is not generally fair to the seller since the buyer would pay the fee if they bought a new gun or even a used gun from a store.

When your parents die they can leave the firearms to their sons or daughters without any paperwork at all.  You automatically become the legal owner assuming that you are legally allowed to own the firearms.  When you sell them to the public at an auction it is usually best to require the buyers to go through the transfer process at a local gun dealer since you have no idea who might bid.  If you plan to do this then you should make sure the bidders know since it will cost them extra for the transfer.

Also, when selling a large collection of firearms you might get better results from selling all of them to one person such as a dealer or collector.  This makes the process simpler since all the firearms can be transferred with just one background check at a local gun store.

Another note: you can check the value of each gun online if you subscribe to the blue book service.  It is only $35 for a year and you can look up as many guns as you like.  This will help you get a fair price for each gun.  Here is the link:

https://store.bluebookinc.com/Home/default.aspx

They also sell a printed blue book with a new version released each year but the online method is faster and you get the most up to date info for the same price.

Hope this helps.

Bob