Author Topic: Sale between two CCW holders  (Read 6687 times)

BeachBum

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Sale between two CCW holders
« on: December 11, 2014, 12:21:26 AM »
I recently sold a handgun to a friend of mine that has a CCW license and I remember last year (I believe) Markell changed the law about private sales.
I do know that is legal, but my question is who do I report the sale to?
I think what the law requires is that the sale has to be reported within one month.
Today I stopped by troop 7 in Lewes and the officer at the lobby said that there's no need to report it, however I felt like he didn't know wth I was talking about.
Any help would be apreciated.

oldgraygeek

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Re: Sale between two CCW holders
« Reply #1 on: December 11, 2014, 12:26:58 AM »
There is no need to report it.
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kent

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Re: Sale between two CCW holders
« Reply #2 on: December 11, 2014, 01:47:35 PM »
Agree...no need to report. If  the handgun was ever traced back to you (they) would also see that both of you are CCW licensed.
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Clarence

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Re: Sale between two CCW holders
« Reply #3 on: December 11, 2014, 04:37:50 PM »
Only the purchaser needs to have a CCW license to be exempt from the background check. No reporting required or even provided for in Delaware.

A sale to anyone else except a family member must go through an FFL complete with a 4473 form and a NICS instant check. 

Parents, children, spouses, siblings and perhaps other close family members do not need any check. There is no report required for these sales.

Very good idea to keep a record of who you may have sold a firearm to especially if you bought it from a dealer. 
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Adrenolin

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Re: Sale between two CCW holders
« Reply #4 on: December 11, 2014, 09:38:53 PM »
As stated above a CCDW holder may purchase from an individual without any reporting. I'll add however that you as the seller should have a copy of the purchasers drivers license and their CCDW permit for your records. You should also have a simple bill of sale which states the sold/purchased date, make, model & serial number and signed by you both.

Just Bill

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Re: Sale between two CCW holders
« Reply #5 on: December 13, 2014, 09:53:08 AM »
I recently bought a used gun at a gun store,.  When I presented my CCDW to the clerk, he said that is only for DE background check.  Feds require check regardless.???? ???
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Condition 1

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Re: Sale between two CCW holders
« Reply #6 on: December 13, 2014, 11:40:36 AM »
For $20 buy yourself peace of mind by going through an FFL. They will check all that needs to be checked, the gun will into the books that it is no longer yours, and you get a receipt with the serial number as proof of transferring out.

Adrenolin

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Re: Sale between two CCW holders
« Reply #7 on: December 13, 2014, 06:42:51 PM »
I recently bought a used gun at a gun store,.  When I presented my CCDW to the clerk, he said that is only for DE background check.  Feds require check regardless.???? ???

Not quite correct. Regardless of new or used if you make a purchase at a store, gun show, etc you will still need to go through the Fed NICS. The CCDW law only pertains to face to face transfers between two private individuals and used firearms.

Btw.. There is no longer a Delaware Background check, it's only the Fed now.

Adrenolin

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Re: Sale between two CCW holders
« Reply #8 on: December 13, 2014, 07:38:30 PM »
For $20 buy yourself peace of mind by going through an FFL. They will check all that needs to be checked, the gun will into the books that it is no longer yours, and you get a receipt with the serial number as proof of transferring out.

Not arguing the peace of mind bit at all and completely understand the fear of the Feds.  That said, Delaware specifically allows the face to face transfer of a firearm between 2 individuals as long as the purchaser possesses a valid CCDW permit. That is the law. That was a fighting point last year and our 2A groups protected that right. It cost money, time and manpower to keep this ability when the attempt to strip it away took place after Newtown.

Technically, if you get a copy of the purchasers CCDW permit, a copy of their Delaware drivers license and a quick bill of sale with their name and serial number the law should protect you. Should LEO's need the info you can provide the bill of sale (your receipt), the CCDW permit copy (showing you followed the law) and their Delaware drivers license to expedite locating the individual. It's your lawful right and to dismiss it dismisses the money, time and manpower it took to retain that right.

Again, I'm not arguing the peace of mind. You have laws that supposedly protect your rights. If you give into fear those laws are useless and as time goes by you will loose more and more rights. Think the 2A groups in Delaware will fight to retain this law next time it comes up? Doubtful.

Just saying...

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Re: Sale between two CCW holders
« Reply #9 on: December 13, 2014, 08:28:54 PM »
I see your point. I won't argue the law, I have opinions formed around transfer without FFL. My peace of mind and protection is more important to me than the law that says it is ok to transfer without FFL. I am also not very good keeping papers around, the FFL will have it on the books. I say to each their own. I will always transfer via FFL. Plus, always a pleasure to see Chris!



For $20 buy yourself peace of mind by going through an FFL. They will check all that needs to be checked, the gun will into the books that it is no longer yours, and you get a receipt with the serial number as proof of transferring out.

Not arguing the peace of mind bit at all and completely understand the fear of the Feds.  That said, Delaware specifically allows the face to face transfer of a firearm between 2 individuals as long as the purchaser possesses a valid CCDW permit. That is the law. That was a fighting point last year and our 2A groups protected that right. It cost money, time and manpower to keep this ability when the attempt to strip it away took place after Newtown.

Technically, if you get a copy of the purchasers CCDW permit, a copy of their Delaware drivers license and a quick bill of sale with their name and serial number the law should protect you. Should LEO's need the info you can provide the bill of sale (your receipt), the CCDW permit copy (showing you followed the law) and their Delaware drivers license to expedite locating the individual. It's your lawful right and to dismiss it dismisses the money, time and manpower it took to retain that right.

Again, I'm not arguing the peace of mind. You have laws that supposedly protect your rights. If you give into fear those laws are useless and as time goes by you will loose more and more rights. Think the 2A groups in Delaware will fight to retain this law next time it comes up? Doubtful.

Just saying...
« Last Edit: December 13, 2014, 08:51:56 PM by Condition 1 »

BeachBum

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Re: Sale between two CCW holders
« Reply #10 on: December 15, 2014, 02:24:57 AM »
Thanks for the quick and plenty responses.
I know the guy so that's not an issue, I just wanted to make sure I don't have to report the sale.
Great input.