School me on NH FTF sales

[Oldarmy]

I have a hand gun I may want to sell FTF in NH what procedure must I follow. I do know I can sell to someone "known to me" but what exactly does that mean. How long do you need to know someone? Do you ever really know someone's background? If someone has a NH P&R, do I just look at it and maybe a drivers license to make sure they match and then good to go? How do I protect myself and have proof that the gun is no longer mine should something go down in the future with said gun? I have tried to search out some answers to these questions but not finding anything spelling it out in simple terms. Help please!

 

[Len-2A Training]

I'll leave the legal issue to those in NH, however I'd advise creating a Bill of Sale between the two of you, with the P&R listed on it, etc.

In case anything ever goes sideways, that might cover you (again I'll let the NH folks wrt legalities) . . . at least you should feel better about it.

 

[JayMcB]

A quick google search turned this up http://billofsale.net/wp-content/uploads/new-hampshire-firearm-bill-of-sale.pdf

 

[nhpoke]

NH doesn't have any specific laws related to individual firearms sales, so only federal laws apply.

 

[noxin]

NH doesn't have any specific laws related to individual firearms sales, so only federal laws apply.

There are TWO specific RSA that deal with selling firearms to individuals in NH.
http://www.gencourt.state.nh.us/rsa/html/XII/159/159-14.htm
[FONT=&quot] [/FONT]159:14 Exemption. – 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.

http://www.gencourt.state.nh.us/rsa/html/XII/159/159-7.htm
159:7 Sales to Felons. – No person shall sell, deliver, or otherwise transfer a pistol, revolver or any other firearm, to a person who has been convicted, in any jurisdiction, of a felony. Whoever violates the provisions of this section shall be guilty of a class B felony.

There's some debate what the section in red could mean, but most people introduce themselves, get to know the person for a couple of minutes, verify their PRL as due diligence for 159:7, verify the Driver's License (Residency Requirement) and do a Bill of Sale.

 

[Oldarmy]

So it would appear that I should only sell to someone with a P&R ? I do "know" the person in the sense that I have been doing some work for him. This would be his first firearm I believe. He's not some sketchy guy but a well known business man in his circles. I have suggested he get a P&R first and he will most likely do that if he decides to move forward. I did search and found what you guys have posted but it still seems somewhat ambiguous in the "known to you" area so that's why I ask. Now what if it was a friend that I know much better and maybe they choose not to have a P&R how does that change the game, bill of sale and resident?

Also this is confusing to me as well. If I had an ad in the classifieds would I be in violation of this?
159:10 Sale Without License. – Any person who, without being licensed as herein provided, sells, advertises or exposes for sale, or has in his possession with intent to sell, pistols or revolvers shall be guilty of a class B felony if a natural person, or guilty of a felony if any other person.

 

[MisterHappy]

If you're worried, have an FFL do the transfer.

Not being snarky, but you obviously are ambivalent about it. If you use an FFL, you're protected; the buyer is "checked out"; and if it's their first gun, since they're at a gun shop, they can buy crap to go with it.

The transfer fee is likely worth your peace of mind.

 

[PEW]

So it would appear that I should only sell to someone with a P&R ? I do "know" the person in the sense that I have been doing some work for him. This would be his first firearm I believe. He's not some sketchy guy but a well known business man in his circles. I have suggested he get a P&R first and he will most likely do that if he decides to move forward. I did search and found what you guys have posted but it still seems somewhat ambiguous in the "known to you" area so that's why I ask. Now what if it was a friend that I know much better and maybe they choose not to have a P&R how does that change the game, bill of sale and resident?

I would consider your current relationship to be more than sufficient regarding the 'personally known' requirement.



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[Oldarmy]

I appreciate all of your responses. It's just that some of these sections seem to contradict others.

 

[whacko]

I do not think the buyer having a p and r is a requirement to sell it to him as you dont need a p and r to "own" a handgun in nh just to carry it concealed. Although you would be "legal" technically to sell it to the guy.....like mrhappy said 20 to 40 bucks spent on an ffl transfer is good piece of mind.

 

[Bt74]

I do not think the buyer having a p and r is a requirement to sell it to him as you dont need a p and r to "own" a handgun in nh just to carry it concealed. Although you would be "legal" technically to sell it to the guy.....like mrhappy said 20 to 40 bucks spent on an ffl transfer is good piece of mind.

The way I look at it is that if the buyer has a p&r, he has been vetted by his local PD. I've therefore done due diligence in determining the suitability of the buyer.

 

[whacko]

The way I look at it is that if the buyer has a p&r, he has been vetted by his local PD. I've therefore done due diligence in determining the suitability of the buyer.

True....but the op is selling to a buyer without a p and r and its the buyers first gun purchase.

 

[MAJoe]

I'd just go through an FFL. No worries that way if this guy isn't a friend. You don't know his history.

 

[ScottS]

I'd just go through an FFL. No worries that way if this guy isn't a friend. You don't know his history.

Why would you involve the state any more than required. I've bought and sold over a dozen handguns in NH. Never involved an FFL. Never will. If I felt the need...then I wouldn't sell.

Flash me your NH DL and P&RL, and we've complied with the law, and we'll be on our way.

 

[kevin9]

Flash me your NH DL and P&RL, and we've complied with the law, and we'll be on our way.

Read the OP. Buyer apparently does not have a P&RL. What would you do then?

I'm not a NH resident so this is free advice. With no buyer P&RL, I'd print out the first 2 pages of a 4473 form, ask them to compete sections 1, 2, 11, 20 and 24 (name, address, PP questions, DL number and signature), and keep a copy with the bill of sale. Give them copies too. Or go through an FFL.

 

[ScottS]

Read the OP. Buyer apparently does not have a P&RL. What would you do then?

But the OP later said,

I do "know" the person in the sense that I have been doing some work for him. This would be his first firearm I believe. He's not some sketchy guy but a well known business man in his circles.

Sounds like "...a person personally known to him" to me. Meets the intent and wording of the statute.

As I said, if I felt the need beyond what he described, I wouldn't sell. There are always other buyers. And other sellers, for that matter.

 

[MisterHappy]

Problem is, the OP came looking for reassurance.

"Don't worry about it," may work for some; others are more careful.

I'd hate to coin the phrase, "Nhprudence"

 

[Oldarmy]

Problem is, the OP came looking for reassurance.

"Don't worry about it," may work for some; others are more careful.

I'd hate to coin the phrase, "Nhprudence"

That's me the careful type in all I do. I'll see how it pans out this guy is a Ma. transplant also and I trust he is not a PP. I will do a bill of sale and retain a copy.