Selling firearms question

I have several firearms I have to sell from my brothers estate. Some are handguns, a couple shotguns, a deer rifle, and one AR15. Do I need to go through an FFL, or can I sell them and document the sale. If anyone has any experience with this I’d appreciate the advice.

I’m sure someone with more experience can help. But I am 90% sure handguns and AR15 would need to be through a FFL. Assuming this is in MN based on your location.

I believe in Minnesota only the AR would require the use of a FFL. I would keep good records of the sales of the other guns. A signed bill of sale along with a copy of the buyers DL would probably be a good idea. I could be wrong on this with all the changes to gun sales but that is the ways it use to be the last time I sold a few firearms

Private sales of firearms between Minnesota residents are not restricted by Minnesota law. • Sales of firearms between residents of different states must go through an FFL holder. • Minnesota does not require registration in any state, county, or municipality of your firearms.

A record of a private sale is in your best interest. A standard form such as the one in the link can be printed out and used for this purpose.

http://gunpermitcenter.com/wp-content/uploads/2016/06/Minnesota-private-sale-form.pdf

Attachments:

1. Minnesota-private-sale-form.pdf

A lot of people use FFL even when it’s not required just to be safe and to not deal with the stuff I’ll mention below. You don’t need to do anything for regular shotguns and rifles though, you can just sell them.

If it’s a pistol or a “military style assault weapon” like an AR-15 or pistol grip shotgun or something then you need to file a report with the police department of where the buyer lives. You don’t need to make this report if the buyer has a MN permit to carry or a transferee permit issued to them. You also are prohibited from transferring to an unknown person so you must see some form of ID.

https://www.revisor.mn.gov/statutes/cite/624.7132 is the relevant statutes.

Edit: It’s been awhile since I actually read these…

Subd. 12.Exclusions.
Except as otherwise provided in section 609.66, subdivision 1f, this section shall not apply to transfers of antique firearms as curiosities or for their historical significance or value, transfers to or between federally licensed firearms dealers, transfers by order of court, involuntary transfers, transfers at death or the following transfers:
(1) a transfer by a person other than a federally licensed firearms dealer;

You aren’t an FFL I assume so you are excluded from this section but 609.66 says:

Subd. 1f.Gross misdemeanor; transferring firearm without background check.
A person, other than a federally licensed firearms dealer, who transfers a pistol or semiautomatic military-style assault weapon to another without complying with the transfer requirements of section 624.7132, is guilty of a gross misdemeanor if the transferee possesses or uses the weapon within one year after the transfer in furtherance of a felony crime of violence, and if:
(1) the transferee was prohibited from possessing the weapon under section 624.713 at the time of the transfer; or
(2) it was reasonably foreseeable at the time of the transfer that the transferee was likely to use or possess the weapon in furtherance of a felony crime of violence.

That seems kind of circular if 624.7132 excludes non-FFLs but then this applies to anybody who is a non-FFL

Just do it and be safe and cover your ass, Done. Do you really want to deal with a problem years down the road when the gun get stolen and then is used in a crime. No Thanks

I wouldnt worry too much about it. Eventually mine will all be lost to boating accidents.

More importantly, what are you looking to sell?

Thanks all, good information.