Selling a Cap and Ball

**farmer-el** · 06-05-2011, 17:47

I've got a Remington 1858 which I want to sell for some cash towards a Glock. Can I just sell it, or does the new owner need competancy etc. How does it work?

**Wanderin' Zero** · 07-05-2011, 10:52

Is this an original or a replica?

**driepootx** · 07-05-2011, 11:27

Logic says that you can sell to a willing buyer. He would have to get legally ready to take over the revolver.

**farmer-el** · 07-05-2011, 13:08

@WZ -Replica.

I just don't want to be on the wrong side of the law. A mate contacted a dealer to buy a rifle. Was told he could not buy it till he'd completed competency. Does the person who buys this one need competency? Am I legally obliged to check? I know existing owners have till end of year/Jan next year to complete comp.

**wthang** · 07-05-2011, 13:34

You do not need anything except cash/credit to buy a gun. The shop that told your mate he needed a comp. is wrong. They might have a reason for it. Examples could be limited storage space where they do not want the long waiting period for an applicant starting from scratch or difficulty receiving payments (if they charge) for storage...

WRT your sale - I would try get the buyer to agree and have it signed over and stored at a gun shop. That way you get the licence off your name quickly but the buyer will then have to pay the gun shop storage fees and some might even have a fee for placing it on the shop name. This could obviously affect your selling price.

If you do not need to get the licence off your name to licence your new Tupperware you could sell it and just keep it in your own safe till the buyer has his licence in hand. You could always draw up a sale contract whereby the buyer agrees that if he is refused in his application (and possible appeal) he forfeits the purchase amount and takes ownership having the gun signed over to a gun shop. The actual gun is still property and is sold on that basis. Taking it home is where the rest comes in.

**BigT** · 07-05-2011, 16:24

Except wthang the OP probably doesn't have a license for the revolver with them not being required from when the FCA commenced.

I'm not sure how the amendments would effect this situation.

**kaspaas** · 09-05-2011, 08:39

As far as I understand, you can buy and sell cap 'n ball revolvers freely without licenses, untill 9 Jan 2012. By then you would have needed to apply for a license as per the FCA ammendments. I might be wrong, but that is my take on the current state. Best is to phone SAGA to confirm.

**Wanderin' Zero** · 09-05-2011, 10:19

The whole thing is a bit silly. What next? Bows and arrows? You would think that with the existing capacity constraints they would only be too happy to leave this category alone.

**gunsports** · 15-05-2011, 17:40

Cap and ball revolvers will go back on license - at a date to be announced by the Minister. Till that date, C&B's may be freely traded without any paperwork. A BP competency must be applied for before end Jan 2012. Right now, you do not need a BP comp. to purchase ANY BP firearm.

**richardtl** · 16-05-2011, 15:49

http://www.saga.org.za/1st%20FCA%20A...0Cleandocx.pdf

According to the above draft bill you will have 18 months from announced date (TBD) to license. This will also give you a 5th license under a section 15.