Private Gun Sale in NH

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I'm starting to entertain the idea of selling my Ruger Mark III and S&W 22A privately after learning of what gun dealers will offer me. I have never done a private sale before and have no idea how it works. Both pistols were originally purchased in MA but are currently up in NH. If I do end up selling privately I want to make sure it is a 100% legal sale. How does it work, what requirements must I meet, am I under any liability etc? Thanks for your help.
 

drgrant

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If you and the buyer are both NH residents it is legal to do an FTF, provided the person is "personally known to you". If the buyer is not "personally known to you" then the buyer must have an NH pistol permit. The other option is using an NH FFL and either you paying the fee or splitting it with the buyer, etc.

If you choose an FTF sale there are no record keeping requirements, although a lot of people probably write up a bill of sale for the gun(s), etc.

-Mike
 
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If you and the buyer are both NH residents it is legal to do an FTF, provided the person is "personally known to you". If the buyer is not "personally known to you" then the buyer must have an NH pistol permit. The other option is using an NH FFL and either you paying the fee or splitting it with the buyer, etc.

If you choose an FTF sale there are no record keeping requirements, although a lot of people probably write up a bill of sale for the gun(s), etc.

-Mike

Ok, that sounds reasonable enough. I'm pro gun, but the idea of selling a firearm to someone I don't know concerns me. What is generally the going rate for doing a sale through a NH FFL? Going that route seems to give the transaction a little more legitimacy. I'd like to keep the transaction local in NH without going through shipping to an FFL.
 

drgrant

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Ok, that sounds reasonable enough. I'm pro gun, but the idea of selling a firearm to someone I don't know concerns me.

Frankly I find that restriction annoying, but then again I don't believe guns are "more evil" than a hammer or a hacksaw. IMHO the only reason to use a dealer in this case if you don't know the person is because the law demands it, nothing more.

What is generally the going rate for doing a sale through a NH FFL? Going that route seems to give the transaction a little more legitimacy. I'd like to keep the transaction local in NH without going through shipping to an FFL.

There is no going rate, every shop is different. One shop might be $10 another might be $40. You have to call the shop and ask. In NH you should be able to do it for $25 or less if you do some legwork to find a decent FFL.

-Mike
 
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ScottS

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Ok, that sounds reasonable enough. I'm pro gun, but the idea of selling a firearm to someone I don't know concerns me. What is generally the going rate for doing a sale through a NH FFL? Going that route seems to give the transaction a little more legitimacy. I'd like to keep the transaction local in NH without going through shipping to an FFL.

Since, as stated above, the law requires the person to be either "personally known to you" or have a NH Revolver and Pistol license, why would you be concerned with selling a pistol to someone who has a P&R License? Lots of crooks running around with licenses?

Think also about what that does to your price. An FFL transfer, again as stated above, will run between $25 and $40 to the price of the sale. On an $800 1911, that's probably not a big deal. On a ~$200 used S&W 22A, that's going to start to become a non-competitive price. And you now add the hassles of time/distance getting to the FFL when he's available, etc., instead of hooking up at the Home Depot parking lot at a convenient time.

I guess what I'm trying to say is unless you are offering the deal of a lifetime or a one-of-a-kind gun, you may be pricing/hassling yourself out of a sale.
 
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Since, as stated above, the law requires the person to be either "personally known to you" or have a NH Revolver and Pistol license, why would you be concerned with selling a pistol to someone who has a P&R License? Lots of crooks running around with licenses?

+1 to this. This seems perfectly legitimate (and legal) with the minimum amount of fuss to me. Someone who has a Pistol/Revolver License has already gone through the same background check a transfer at an FFL would have performed. Nothing is more "local" than not going through an FFL.

Private party transfers are one of the things that make this state a wonderful place. The less people do it, the easier it will be for legislators to pass a law making FFL transfers mandatory. Exercise your freedoms!
 
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appraiser

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"personally known" is a pretty broad brush, thank God!

Based on the friendships I have made on this forum, I have bought (and sold) a number of guns on a handshake, a bill of sale, and my reputation from this forum, without a NH P&R license or using a FFL.

(p.s. I'm still looking for a 1911, a model 10, and a model 19 if anyone has one for sale in NH FTF!!!)
 
J

Jose

Sometimes, things that aren't an issue don't need to be turned into an issue.

"Personally known" as a legal term is one of those things. Don't let a bunch of lawyers get ahold of it.
Pay close attention to what this man says........
 

drgrant

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+1 to this. This seems perfectly legitimate (and legal) with the minimum amount of fuss to me. Someone who has a Pistol/Revolver License has already gone through the same background check a transfer at an FFL would have performed. Nothing is more "local" than not going through an FFL.

Private party transfers are one of the things that make this state a wonderful place. The less people do it, the easier it will be for legislators to pass a law making FFL transfers mandatory. Exercise your freedoms!

I agree that it is a good thing to FTF. However, I disagree that it would influence anything legislatively.... as there is no way for "them" (the legiscritters) to tell how many people are using FTFs unless the gun owners flood the state house (which people usually do in NH anyways, thank GOD!) when an anti gun bill on the issue comes up.

That said, if I were a resident of NH, I would avail myself of doing an FTF whenever it's feasible... otherwise you're just throwing money at the dealer and making the whole thing less convenient. The only reason I use dealer transfers down in MA is because of the stupid 4/yr FTF limit, and the dealer transfers don't count against the limit.

-Mike
 
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However, I disagree that it would influence anything legislatively.... as there is no way for "them" (the legiscritters) to tell how many people are using FTFs unless the gun owners flood the state house (which people usually do in NH anyways, thank GOD!) when an anti gun bill on the issue comes up.

This is probably true, fortunately. My concern is that if all private parties insisted on going through an FFL for intra-state transfer, there would be nobody to march the state house when that bill comes up. It sucks bad enough that you have to go through an FFL to do something as simple as give your child (or parent, sibling, etc.) a firearm (without dieing), if you live in different states.

That said, if I were a resident of NH
Come to the light side Luke.
 
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You guys make some valid points. I'm gonna see what shops offer me when I go to make my purchase in March and if that doesn't work out I may end up doing what most of you seem to recommend, a face to face (that's an FTF?) sale.
 
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Just to add, in keeping with most terms of "free" thinking, I usually don't want anything to do with a bill of sale, photo copied id's or any other such nonsense or paper work. This is the whole point of keeping things private.

I can understand if someone would want to see the permit, that's fine, SEE it. Check out the firearm, hand over cash, have a nice day.

If I were selling it, I would probably note the serial #, model etc. along with the date I sold it. That's it, for my records. I wouldn't want to record the persons name or any other personal info. I am in the camp of, it's nobody's business what I did with my property, nor is it anyone's business what property I acquire.

There will never be a time where your old gun is possibly used in a crime and they would come looking for you for the crime. So that concern is paranoia. And the less info you HAVE the less info you might have to GIVE.

Nuff said.
 

DispositionMatrix

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If you and the buyer are both NH residents it is legal to do an FTF, provided the person is "personally known to you". If the buyer is not "personally known to you" then the buyer must have an NH pistol permit. The other option is using an NH FFL and either you paying the fee or splitting it with the buyer, etc.

If you choose an FTF sale there are no record keeping requirements, although a lot of people probably write up a bill of sale for the gun(s), etc.

-Mike
Thread from the dead.

Where is the actually codified? 159:14? Even that does not mention the LTC but rather that the buyer must be licensed under chapter 159, which is actually a license to sell.
 

drgrant

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Thread from the dead.

Where is the actually codified? 159:14? Even that does not mention the LTC but rather that the buyer must be licensed under chapter 159, which is actually a license to sell.

Chapter 159 is the whole enchilada. 159:14 doesn't say whether or not they're talking about people licensed under 159:8 or 159:6 (the actual Pistol/Revolver License) . When :14 says "licensed under this chapter" that could mean two different things, and the law is silent on that issue.

-Mike
 
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Just to add, in keeping with most terms of "free" thinking, I usually don't want anything to do with a bill of sale, photo copied id's or any other such nonsense or paper work. This is the whole point of keeping things private.

I can understand if someone would want to see the permit, that's fine, SEE it. Check out the firearm, hand over cash, have a nice day.

If I were selling it, I would probably note the serial #, model etc. along with the date I sold it. That's it, for my records. I wouldn't want to record the persons name or any other personal info. I am in the camp of, it's nobody's business what I did with my property, nor is it anyone's business what property I acquire.

There will never be a time where your old gun is possibly used in a crime and they would come looking for you for the crime. So that concern is paranoia. And the less info you HAVE the less info you might have to GIVE.

Nuff said.

I for one don't know why that ANYONE who has a firearm, that if purchased thru and FFL and "could" be traced back to you would choose to sell private sale without ANY documentation.

God forbid that "firearm" were ever used in a crime.

I would not want to have explain that away....a simple bill of sale, file it, done.
 

Kevin_NH

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Chapter 159 includes 159:6 License to Carry as well as 159:8 License to Sell, which does muddy the waters.

159:14 said:
None of the provisions of this chapter shall prohibit an individual not licensed under the provisions thereof who is not engaged in the business of selling pistols or revolvers from selling a pistol or revolver to a person licensed under this chapter or to a person personally known to him.

See State v. Timothy Geddes and the [thread=56254]Brookline General Store[/thread] thread.
 
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