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Post subject: Gun Sales in Ohio
Post Posted: Wed Jun 08, 2016 8:01 am
I'm trying to find the current rules/laws for selling a firearm in ohio. Can you sell person to person, can you sell at a garage sell, what actions should you take prior to selling? Things of that nature. Any info on selling from owner to another ohio resident would be appreciated. I'm looking to sell my Kel-tec KSG.

thanks.
Terry
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Post subject: Re: Gun Sales in Ohio
Post Posted: Wed Jun 08, 2016 8:19 am
In Ohio, person-to-person sales are legal, no restrictions on where the sale takes place so a garage sale is fine, and background checks are not required. Both buyer and seller must be Ohio residents, and the seller cannot "recklessly sell, lend, give, or furnish any firearm" to a prohibited person. So, verifying they are an Ohio resident by asking to see an Ohio driver's license for example, and asking if they are prohibited by Federal or Ohio law from possessing the firearm should be sufficient.

See http://codes.ohio.gov/orc/2923.20, especially (A) (1):

Quote:
(A) No person shall:

(1) Recklessly sell, lend, give, or furnish any firearm to any person prohibited by section 2923.13 or 2923.15 of the Revised Code from acquiring or using any firearm, or recklessly sell, lend, give, or furnish any dangerous ordnance to any person prohibited by section 2923.13, 2923.15, or 2923.17 of the Revised Code from acquiring or using any dangerous ordnance;

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Post subject: Re: Gun Sales in Ohio
Post Posted: Wed Jun 08, 2016 9:32 am
Thank you for the quick reply. Do you think writing up a bill of sale where I could have the person purchasing sign would be a good idea? I could also easily add the info about section 2923.13, 2923.15, or 2923.17 of the Revised Code and have them check it. Just to be on the safe side. And yes, I would of course verify the ohio residency via drivers license.
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Post subject: Re: Gun Sales in Ohio
Post Posted: Wed Jun 08, 2016 10:30 am
I'm not a big proponent of having a bill of sale for firearm sales, but some like them. If it helps your peace of mind, then by all means, do so.

Christian, Husband, Father
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Post subject: Re: Gun Sales in Ohio
Post Posted: Wed Jun 08, 2016 9:08 pm
tlh235 wrote:
...Do you think writing up a bill of sale where I could have the person purchasing sign would be a good idea? ...


If the gun is used by a bad guy, you now have proof that you sold a gun to a bad guy.

You'll give the ATF a copy of that proof when they trace the gun to you. Now it's evidence.

Hope you have insurance for when the family of the bad guy files a civil suit against you. :wink:

What does a caring, sensitive
person feel when they are forced
to use a handgun to stop a threat?


Recoil.
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Post subject: Re: Gun Sales in Ohio
Post Posted: Thu Jun 09, 2016 8:32 am
Quote:
2901.22(C) A person acts recklessly when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that the person's conduct is likely to cause a certain result or is likely to be of a certain nature. A person is reckless with respect to circumstances when, with heedless indifference to the consequences, the person disregards a substantial and unjustifiable risk that such circumstances are likely to exist.
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Post subject: Re: Gun Sales in Ohio
Post Posted: Thu Jun 16, 2016 1:55 am
Given our litigious society, always looking for a scapegoat, I strongly recommend at the very least a handwritten bill of sale signed by both parties. You have to protect yourself and every bit of proof you have adds to that protection. If you have a reasonably current version of Outlook or some other word processor, you can print out a blank bill of sale template and hand-write in the details. If you're selling a gun, make sure you include the serial number and the purchaser's Ohio DL#. Then as someone noted earlier, if it does hit the fan later you can show the authorities that you did your due diligence and that will help avoid a lawsuit.

I'm good with numbers: .22 .32 .380 .40 5.56
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Post subject: Re: Gun Sales in Ohio
Post Posted: Thu Jun 16, 2016 8:04 am
GrinderCB wrote:
Given our litigious society, always looking for a scapegoat, I strongly recommend at the very least a handwritten bill of sale signed by both parties. You have to protect yourself and every bit of proof you have adds to that protection. If you have a reasonably current version of Outlook or some other word processor, you can print out a blank bill of sale template and hand-write in the details. If you're selling a gun, make sure you include the serial number and the purchaser's Ohio DL#. Then as someone noted earlier, if it does hit the fan later you can show the authorities that you did your due diligence and that will help avoid a lawsuit.

More details please. Having a bill of sale with a serial number and driver license number proves nothing. What it does do is it becomes a self confession that you did sell the item. Now prove you were not reckless; prove you did your do diligence.

So, how does a bill of sales protect you?

Bringing a civil suit is easy. Proving the elements of the suit is a different story.
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Post subject: Re: Gun Sales in Ohio
Post Posted: Thu Jun 16, 2016 12:44 pm
If I'm selling a gun, I'll ask the following three questions:

1) Are you a resident of Ohio?

2) Are you at least 18/21 years old?

3) Are you legally allowed to possess a firearm?

Three yes's and it's sold. Due diligence accomplished.

If they lie, that's on them. I have no training to recognize whether a CHL or driver license is real or fake, so why bother?

What does a caring, sensitive
person feel when they are forced
to use a handgun to stop a threat?


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Post subject: Re: Gun Sales in Ohio
Post Posted: Tue Jul 19, 2016 1:56 am
The right approach should be there in order to become a good firearms dealer. The three questions need to be asked before you sell the guns to any customer -

1) Are you a resident of Ohio?
2) Are you at least 18/21 years old?
3) Are you legally allowed to possess a firearm?

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