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.
Background Checks
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.
Waiting Period
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.
Interstate Sale
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 gun buyer's resident state. This ensures a smooth transaction and guarantees adherence to laws in both states.
Prohibited Persons
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 gun 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.
Final Considerations
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.
Accurate Description:
When preparing your firearm for a private gun 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.
Documentation:
Prepare a complete bill of sale that protects both parties in case of disputes, including the following information: sale date, gun 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 gun 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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