How free is Missouri? Is my firearm in my name?
A question that we get asked almost daily is how do I get my firearm out of my name? Another is if I'm selling a firearm to a friend, family member, or someone how do I get it out of my name. Well this is a topic we are going to go over. We want to explain how this process work and also let you know how “FREE” your state really is. So lets jump right into this topic.
First let's go through some quick basics. When you purchase a firearm in Missouri you are required to complete a NICS background check. You will fill out what is called a 4473 this form will go through your personal info. You will answer questions like name, address, date of birth, and there will be a lot of questions. The average form take most people just a couple minutes to fill out.
The 4473 will have information about the firearm that you are purchasing. This information will include the following manufacturer and importer (if any), or privately
made firearm (PMF) (if the manufacturer and importer are different, include both.), model(if designated), type (meaning rifle, pistol, shotgun, other, receiver), serial number, and caliber or gauge. This information is NOT relayed to the ATF or any registry. This information is only kept for our records so that we are able to show compliance with the ATF and that we are following the laws. The only information relayed to the ATF during your background is that you are purchasing a rifle, pistol, shotgun, other, or receiver.
Now that we have covered the basics lets get to the point Missouri does not require you to register your firearms. A firearms registry goes against your 2nd Amendment rights. History has shown that all firearms registers leads to one thing and thats a confiscation. That we will leave for another blog post as it will dig deep into history.
So if Missouri doesn’t have a registry then how do I get a firearm out of my name? Thats what most of you are probably asking right now. Well you don’t because they aren’t in anyone’s name. So if you are planning on selling don’t leave just yet because we have some very important information for you.
We always recommend that you keep all your proof of purchase for any firearm. If you are planning on selling your firearm this is what we recommend. Get all the info off the firearm then get the name, date of birth, address, driver’s license number, and info from the person you are selling it to a photo or copy of there ID is a good idea. We also recommend that you have them sign a bill of sale that clearly states they are able to own a firearm and that they are not a felon. This is not full proof but helps prove you are trying to stay within the bounds of the law.
You also have another option you can bring the firearm and the person who is wanting to purchase it into the store and we can run a background check on them. There is a $50 transfer fee that is normally paid by the purchaser of the firearm. This will be collected prior to running any background. This is to ensure that if the person is denied they wont just leave.
Some extra info on how the ATF tracks a firearm when it is stolen or used in a crime. This is why we say get proof the firearm was sold to someone else if you sell it. When a firearm is found at a crime seen or used in a crime the following is what happens. The ATF conducts what is known as a firearms trace. The ATF contacts the manufacturer of the firearm and asks who they sold it to. Then the ATF contacts the distributor or dealer and finds out who they sold it to. Then they contact the dealer if it was sold to a distributor and ask who they sold it to. Then they contact the dealer (gun store) and ask who they sold it to. We then have to get the 4473 record in our files and notify the ATF who we sold it to. This continues until they find the last known owner.
Lets do a quick recap. First Missouri does not have any type of firearms registry. If you are selling your firearm have the do a firearms background check by coming into the store. If you feel comfortable you can do a bill of sale and show proof that you sold the firearm.
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