How to Sell a Gun in Idaho

Idaho State Laws: Private Sales

The state of Idaho is well-known for its relatively lenient gun laws, making it a favorable environment for gun enthusiasts. But, while the gun laws in Idaho are considered more relaxed compared to other states, it's crucial to be aware of specific legal requirements that govern private sales. This awareness is essential not only to ensure legal compliance but also to maintain the safety and legality of firearm transactions within the state.

Buyer Eligibility Requirements

There are specific age and background check requirements in place for firearm purchases in Idaho. To purchase a long gun, such as a rifle or shotgun, buyers must be at least 18 years old and must pass a background check. For handgun purchases, the minimum age limit is raised to 21, with the same requirement for a background check.

Firearm Possession Restrictions

During the process of selling or purchasing firearms, you must be mindful of the restrictions on firearm possession. Some key points include:

As per Idaho statute 18-3316, felons are prohibited from possessing firearms. Any violation of this law is considered a felony offense.

Selling a weapon to a minor requires written consent from the minor's parent or guardian as per statute 18-3302A.

The law also prohibits the sale of a firearm, gunpowder, or ammunition, excluding shotgun shells and cartridges of .22 caliber or smaller, to a minor without consent (18-3308).

Sale and Shipping Restrictions

Pay attention to restrictions on certain items for sale and shipping laws:

Shipping a loaded firearm is considered illegal under Idaho law (18-3310). This law specifically applies to firearms in checked baggage and not necessarily to the general shipping of firearms.

It's important to consider the supremacy clause of the U.S. Constitution, which generally gives federal laws precedence over conflicting state laws.

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Federal Laws on Private Gun Sales

Even though Idaho state law generally permits private sales without the necessity of a background check or the involvement of a licensed dealer, there are federal regulations that must be adhered to for legal compliance. Becoming familiar with the federal laws that apply to private gun sales in Idaho is essential for maintaining the integrity of these transactions and ensuring the safety and legality of firearm transfers.

Federal Disqualification Categories for Firearm Ownership

Federal law outlines several categories of disqualification for firearm ownership, including but not limited to:

• Conviction of a felony or misdemeanor where the crime has a maximum imprisonment term exceeding one year.
• Existence of a felony or out-of-state misdemeanor warrant.
• Individuals on felony pre-trial release.
• Individuals with misdemeanor crimes of domestic violence restraining/stalking/protection orders or with mental health adjudication or commitment.
• Dishonorable discharge from the armed forces.
• Renouncement of U.S. citizenship.
• Unlawful use of, or addiction to, a controlled substance (including marijuana).
• Being an illegal alien.

Private Firearm Sale in Idaho

While Idaho state laws do not specifically address private firearm sales, federal law nonetheless applies. Penalties exist for selling a firearm to an ineligible person, selling a defaced firearm, or selling a restricted firearm such as an explosive weapon or machine gun.

Age Restrictions

In Idaho, the age requirement for selling a gun varies depending on the type of firearm. As a general rule, you must be at least 18 years old to sell or transfer a long gun (such as a rifle or shotgun) in a private sale.

Sale Procedure and the Role of a Bill of Sale

Though Idaho state law may not explicitly require identification for private sales, federal law prohibits the sale of firearms to certain ineligible persons. If the buyer is from out of state, the transaction must be managed by a federally licensed firearms dealer. This will necessitate the presentation of identification and a background check. While a bill of sale is optional, it is highly recommended for keeping a record of the transaction.

Illegal Sales and Common Ways of Illegal Acquisition

Awareness of illegal acquisition methods is necessary to prevent inadvertently participating in such transactions. Most illegally obtained guns are acquired through straw purchases, corrupt dealers, and illegal street gun dealers.

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Selling a Firearm through a Licensed Dealer in Idaho

When purchasing from a licensed firearms dealer, buyers must complete a Bureau of Alcohol, Tobacco & Firearms form 4473.

National Instant Criminal Background Check System (NICS) Check

Under the permanent provisions of the Federal Brady Law, buyers must undergo a National Instant Criminal Background Check System (NICS) check. The licensed firearms dealer performs the NICS check to determine whether the buyer is eligible to complete the firearm purchase.

Appeals Process for Denied Purchases

In the event of an unjustified disallowance of the sale due to the NICS check, buyers have the right to pursue an appeal process. Individuals who have been denied a gun purchase can visit the NICS Brady Check FBI appeals page. If you face legal charges or convictions and are unsure of your eligibility to purchase a firearm, it is recommended that you seek legal advice from a qualified attorney.

Cross-State and Non-resident Firearm Purchases

Idaho residents can purchase rifles and shotguns in other states, provided they conform to the federal Gun Control Act of 1968 and the state laws of the state where the purchase is made (18-3314).

Non-resident Purchases in Idaho

Non-Idaho residents can purchase rifles and shotguns in Idaho, provided they follow the Gun Control Act of 1968 and the laws of both states involved (18-3315).

Federal Restrictions for Handgun Sales to Non-residents

It's crucial to note that federal law generally prohibits the sale of handguns to non-residents.

Considerations When Selling a Gun as a Dealer in Idaho

Age Restrictions

Federal law prohibits dealers from selling or transferring handguns to persons under the age of 21.

Firearm Gifting

Purchasing a firearm as a gift for a non-prohibited person is legal as long as it does not circumvent background checks or other laws.

Gun Registration, Waiting Period, and Quantity

In Idaho, there is no requirement to register guns. There is also no waiting period to pick up a gun unless the background check result is 'Delayed'. Purchases of multiple guns at one time are permitted.

Purchasing Specific Types of Firearms

Certain types of firearms, such as machine guns, short-barreled rifles and shotguns, silencers, and grenade launchers, can be bought, but they require a $200 transfer tax, federal registration, and must be handled through a Class 3 or NFA federally licensed dealer.

Regulations for Assault Weapons and High-Capacity Magazines

In Idaho, assault weapons and high-capacity magazines are not subject to specific bans.

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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 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, 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.

Using Cash for Arms to Sell Your Guns

Using Cash for Arms is a safe and secure option for selling your firearm. By choosing a reputable buyer, you can ensure a smooth and legal transaction while getting the best market value for your firearm.

Note:

Given the intricate nature of firearms law and the legal consequences of non-compliance, it is advisable to inform yourself thoroughly about all pertinent state and federal laws before proceeding with any firearm transaction.