Private Gun Sales: Are They Worth the Risk?

When you are interested in buying a firearm, chances are that you will probably be picking it up at your local gun dealer. But that is assuming a perfect market. What if the dealer doesn’t have what you want at the price you want? You might elect to seek out a private sale instead. But to buy a firearm face-to-face means navigating certain personal risks and a minefield of local, state, and federal laws that treat private property like a controlled substance. Today we’re going to discuss the pros and cons to consider to determine if private gun sales are worth the risk:

A Walther PP and Beretta 418 lying on a denim apron, purchase by private gun sales
This Walther PP (top) and Beretta 418 (bottom) were bought privately. There are benefits to private gun sales but a few impediments you must take into account.

Private Gun Sales

Pro: You Can Negotiate the Price

In the real world, cash is still king. Ultimately, price is calculated when you place greater value on an item than the money in your pocket. While stores often have fixed pricing, it is easier to negotiate face-to-face. Given private sales usually involve used firearms, you might be getting a discount without having to ask. If you are on a budget or after a particular firearm, a private sale may be worth your time if you can find the right seller.

Con: You Inherit Someone Else’s Problem

There are plenty of reasons why a person will sell a firearm. It is an individual and liquid commodity. If that gun doesn’t quite fit you, you can sell it off to someone who will enjoy it. On the other hand, if you are in a pinch, you can get quick cash.

But some sellers will dispose of a firearm because it is defective in some way. Doing research on the firearm you want and what to look out for in terms of mechanical function will go a long way in steering clear of problem guns. On the other hand, you might knock quite a bit off the price if you can get it fixed later at low cost.

Pro: You Can Get Something Interesting

Pawn shops are a great way to pick up something unique at a good price. However, your typical gun store might not have a selection of oddballs, antiques, or surplus firearms. If that appeals to you, private sales can be a great benefit.

Con: The Law

If you thought a private sale means being free of any state and local regulations, think again. There is still a basic framework of liability when it comes to transferring firearms and different ways to protect yourself and finish the transaction legally.

As a seller, you still cannot legally sell a firearm to someone who would be otherwise unqualified via a 4473 background check. It is best to first consult the statutes dictating these transactions and then contact an attorney for the legalese translation. Do not take a policeman’s opinion at face value and do not take what I say as legal advice. I can only point out some good practices that I use.

Once you have done your homework and you are ready to seal the deal, it is wise to document the transaction.  In my home state of Louisiana, I made it a habit of copying driver’s license information and completing a bill of sale for both parties. I do this to ensure the identity of the person I am dealing with and to create a paper trail in case the firearm in question had been previously stolen. Other states are more restrictive on documentation and procedure. In some states such as Oregon, you must process the transaction through a licensed gun dealer.

A picture of a gas station and surrounding stores.
For the sake of personal safety, it can be tricky to Find a good place to conduct a private sale. A traveled but not so traveled place like a truck stop or gas station can strike a good balance between privacy and safety.

Con: Personal Safety

When I bought my first firearm person-to-person, I went in thinking about my personal safety. After all, we are talking about exchanging firearms for other firearms or for cash, not love letters. Although robberies during private sales of any type of goods can happen, subconsciously the stakes are somewhat higher with gun sales. When I first sought advice on the matter I was told to go to a public area or a police station to conduct the sale because it is likely to be videotaped and witnesses present to discourage any wrongdoing.

On the other hand, seeing guns in public can give you attention you do not want. In my own experience, the far corners of gas stations have worked well given that it is out of the way but well-lit and surveyed to an extent. When buying used cars, I prefer to go where the seller lived so that there would be recourse if the deal went sour. How you weigh the pros and cons of a meeting place is ultimately up to you and what you are comfortable with.

The Bottom Line

There are plenty of awesome firearms out there waiting to be enjoyed and sometimes the inventory at your local stores is not up to snuff. In that instance, conducting a private sale can be a good option for you. There are endless options and you might just save some money. As long as you know what you are looking for, observe your local and state laws, and tend to your personal safety, you can mitigate the potential for risk.

Terril is an economic historian with a penchant for all things firearm related. Originally a pot hunter hailing from south Louisiana, he currently covers firearms and reloading topics in print and on his All Outdoors YouTube page. When he isn't delving into rimfire ballistics, pocket pistols, and colonial arms, Terril can be found perfecting his fire-starting techniques, photographing wildlife, and getting lost in the archives.

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