How to Sell a Gun in Guam
The importance of heightened awareness when selling firearms in Guam cannot be understated. Due to the legal complexity surrounding private firearm sales in Guam, it's crucial to understand the process and requirements thoroughly. This involves understanding the requirement to register all firearms with the Guam Police Department (GPD) and the specific process for bringing firearms to Guam. It also involves knowing the state and federal laws of Guam.
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State Laws for Private Sales in Guam
According to state laws, all firearms in Guam must be registered with the Guam Police Department (GPD). This process involves an inspection of the firearm and the issue of a safety inspection form at the GPD armory. Once the inspection is complete, payment is required for the receipt of a firearm registration card.
Obtaining a Firearms ID Card
In Guam, a person must have a valid firearms ID card to purchase or possess a firearm. This entails completing the Guam Firearms ID Application, understanding the requirements to obtain a Guam Firearms ID Card, and knowing the validity and fee for copies of firearm identification cards.
It's crucial to note that Guam law requires all firearm transfers, including private sales, to be processed through a licensed firearms dealer. This process involves a comprehensive background check on the buyer.
Guam has a three-day waiting period from the time a firearm purchase application is filed until the firearm is transferred. This ensures all checks and procedures are completed to the highest standard.
Selling to Minors
Selling to minors is strictly regulated. In Guam, it is illegal to sell a firearm to a minor under the age of 18. Violation of this law can lead to severe legal consequences.
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Federal Laws for Private Sales in Guam
In most cases, a private individual typically does not need a Federal Firearms License to sell a gun, but this law may vary depending on the situation. It is essential to be aware of the regulations governing the transfer of firearms.
Federal law stipulates that any sale or transfer of a firearm to an individual in another state must be handled by a licensed dealer in the buyer's resident state. This ensures a smooth transaction and guarantees adherence to laws in both states.
Certain categories of people are disqualified from purchasing firearms under federal law. These include:
- Conviction where the crime has a maximum imprisonment term exceeding 1 year.
- Felony warrant or out-of-state misdemeanor.
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addiction to a controlled substance, including marijuana.
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien status.
Transportation of Firearms
When it comes to transporting firearms, the law specifies that firearms should be unloaded and in a secure container, not readily accessible to any of the vehicle’s occupants. This is key to ensuring the safety of everyone involved.
Carry Regulations in Guam
In Guam, open carry is generally prohibited, and a special permit is required for concealed carry. Knowledge of the availability and process for concealed carry permits is essential for those wishing to carry firearms.
Transportation of Firearms
Firearms being transported in Guam should be unloaded and in a secure container, not readily accessible to any of the vehicle’s occupants. These guidelines ensure safety while moving firearms.
Private Sale Record Keeping
Although federal law does not require private sellers to keep records of sales, it's highly recommended to keep a bill of sale as proof of transfer and for legal protection. This can be especially valuable in case of future disputes or investigations.
Bringing Firearms to Guam
Bringing firearms to Guam requires adherence to a specific process, including the logistics of shipping firearms with household goods (HHG). Familiarity with this process is key to avoiding problems and ensuring your firearms reach their destination safely.
Process of Registering Your Firearms in Guam
To register your firearms in Guam, begin by applying for a Firearms ID (FID) at GPD. The process includes fingerprint processing by the FBI, an inspection of the firearm and the issue of a safety inspection form at the GPD armory, and finally, payment and receipt of a firearm registration card. Knowledge of the availability and process for concealed carry permits is also necessary.
Registering a Purchased Firearm on the Island
Whether you are registering a firearm purchased on the island or off-island, different processes and requirements apply. Special instructions also exist for U.S. Armed Services or Department of Defense civilians. Understanding the process and requirements for firearm transfer is also crucial in this regard.
Other things to note include the requirement for certified documents for any name changes, the wait time for results from the FBI, and the fee for copies of all firearm identification cards.
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Tips to Sell Safely and Get the Best Price
To ensure a successful sale, make sure your firearm is in good working condition, clean, and well-maintained. Provide an accurate description of the firearm, including its make, model, caliber, and accessories. Prepare a comprehensive bill of sale and include relevant documentation, such as receipts and warranty information. Finally, complete the sale and transfer ownership in a legally compliant manner by adhering to all applicable federal, state, and local laws and regulations.
Cleaning and Maintenance:
It's a good idea to ensure your firearm is in good working condition and properly cleaned before selling it. This can also increase the firearm's value.
When preparing your firearm for a private sale, you should aim to provide an accurate description of the firearm. This includes information about the make, model, caliber, and any accessories that come with the firearm. An accurate description will help ensure a smooth transaction with your ultimate buyer.
Prepare a complete bill of sale that protects both parties in case of disputes, including the following information: sale date, buyer and seller information, and firearm details (such as make, model, and serial number). Additionally, be sure to include any relevant paperwork, such as purchase receipts and warranty information.
Bill of Sale
A bill of sale is recommended for private sales to document the transaction and protect the seller if the firearm is later used in a crime or reported stolen.
Completing the Sale and Transferring Firearm Ownership:
Once you've found a legal buyer, complete the sale and transfer ownership of the firearm in a legal and compliant manner. Be sure to follow all applicable federal, state, and local laws and regulations, including background checks and any necessary permits or licenses.
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General Questions & Answers
How to get a gun license in Guam?
The registration process in Guam is as follows:
Apply for a Firearms ID (FID) at the Records and ID office of the Guam Police Department (GPD). Prior to going to GPD, fill out your firearm(s) application(s) and have documents and payment ready. GPD will take your fingerprints and send them to the FBI for processing. Processing takes approximately 2-3 weeks to complete. When processing is complete, you will go back to the GPD to receive your FID. Once you have your FID, you will take it and your firearm to the GPD armory to have it inspected and issued a safety inspection form. You will then bring the safety inspection form back to GPD, with $49 (per firearm), and receive your firearm registration card. Concealed carry permits are available for application. They can be applied for at the same time as your FID, but take a minimum of 60 days to process.
What are gun laws in Guam?
Guam, an unincorporated and organized territory of the United States, requires all firearms to be registered with the Guam Police Department, including firearms brought into the territory. To purchase a firearm, an individual must have a Firearms ID (FID), which involves undergoing a background check. When it comes to concealed carry, Guam operates under a "shall issue" policy, which mandates the issuing authority to grant a permit if an applicant fulfills all the requirements. However, the criteria to obtain a concealed carry permit are typically stringent. The territory also imposes restrictions on "assault weapons," including certain semiautomatic firearms. There is a mandatory 3-day waiting period between the purchase and possession of a firearm. Additionally, any person wishing to sell firearms must be licensed. Age requirements for firearm purchases are set at a minimum of 21 years for a handgun and 18 years for a long gun.
How to purchase a gun in Guam?
The registration process is as follows: Apply for a Firearms ID (FID) at the Records and ID office of the Guam Police Department (GPD). Prior to going to GPD, fill out your firearm(s) application(s) and have documents and payment ready. GPD will take your fingerprints and send them to the FBI for processing.
How do you transfer guns in Guam?
To facilitate the transfer, both parties must be present at the Armory Section, where the GPD Armory will issue a safety inspection form. The payment of $49.00, which can be made in cash or through an on-island check, includes a $9.00 inspection fee per firearm.
Is gun ownership legal in Guam?
Yes, gun ownership is legal in Guam, but it is regulated and requires licensing and registration, and there are restrictions on certain types of firearms.
How much is a police clearance on Guam?
The cost is $15.00 and $1.00 per extra copy.
Bring your valid photo ID to the GPD Records & ID Section, ITC Building 1st floor, Suite 131, between the hours of 8:00 a.m. to 3:00 p.m., Monday thru Friday.
What do you need for a police clearance in Guam?
To get the police clearance, you must be a U.S. Citizen; Certified Birth Certificate with a Photo ID Card; AND a Social Security Card; OR. A valid U.S. Passport; AND a Social Security Card; OR. A Naturalization Certificate AND a Social Security Card.
COMPLIANCE WITH LAWS AND REGULATIONS
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SAFE AND SECURE TRANSACTIONS
By choosing a reputable buyer like Cash for Arms, you can ensure a safe and secure sale of your firearm, protecting yourself from potential legal complications.
Always remember, adherence to the laws governing private gun sales in Guam is critical to ensure a legal and safe transfer. These laws may change over time, so it's important to always verify the laws in place at the time of the sale. If you're unsure about the laws, consulting with a lawyer or a legal expert can help ensure full compliance with all necessary regulations and requirements.
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