Firearm selling procedure recommendations

[rob261]

I've never sold a firearm before. Does anyone have recommendations on procedure or documentation to get/keep of buyer when selling?

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[Sam1]

https://www.tngunowners.com/forums/forum/43-trading-post-notices-and-faqs/

[monkeylizard]

Step 1: Get a Benefactor subscription to TGO.

Step 2: List it for sale on TGO.

Step 3: Follow the tips below and make the sale.

In a private sale, you don't have to do any paperwork at all. By law, you're only required to not have knowledge (reasonable suspicion?) that the buyer is a prohibited person. The buyer needs to be a resident of the same state as the seller. I require to see a TN drivers license or HCP and that's good enough for me, most of the time. An exception for me is that if the gun I'm selling came to my possession via a gun shop (Form 4473), then I'll require a bill of sale. There's no law stating I have to get a bill of sale, but in those cases, I still want one. Some people want one for every sale. It's a personal preference. Do what you're comfortable with.

In your ad, simply list any requirements you have about a bill of sale. Some buyers won't sign one, others won't do a deal without one, and some just don't care either way. Just be clear in your ad which way you want it to go. For your first sale, I suggest that you go ahead and use a bill of sale. It will help your peace of mind. There's one available in the link Sam1 posted above. You can decide if you want to keep doing that or not on other sales.

Once you have a buyer, talk with them on the phone. Texts and IMs are fine, but I like to speak with a person. You can often tell if something's not on the up and up that way. Also check their TGO profile and  iTrader ratings. Look at who has left them feedback and see if you recognize those names as active forum members. If so, that's a good sign. Are they a new member or have they been around for years with lots of posts? Just get an idea of who you're dealing with. Then plan to meet in a public place during daylight hours. Perhaps a place very close to the local police station, or the lot of the station itself. Many have an area designated for online sales. Not specifically firearms, but online in general. Kind of a Craigslist meet-up point. Assuming you have an HCP, then go armed and, if possible, take an armed friend along.

Edited November 28, 2016 by monkeylizard

[shotgunshooter]

Second being a benefactor. It's probably the best money you'll spend all year.

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[Sam1]

3 hours ago, shotgunshooter said:

Second being a benefactor. It's probably the best money you'll spend all year.

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Plus you get access to the super secret squirrel room, where the cool kids hangout.

[shotgunshooter]

Plus you get access to the super secret squirrel room, where the cool kids hangout.

No that's illuminati stuff. You can't tell them

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[gregintenn]

Assuming I have no reason to believe you are NOT a resident of this state or ARE a felon, and assuming you have no reason to believe this of me, I hand you cash and you hand me a firearm; or vice versa. We also need to be at least 18 years of age if I'm not mistaken.

Legally, this is what is required for a Tennessee resident to sell a firearm to another Tennessee resident.

[Chucktshoes]

18 minutes ago, gregintenn said:

Assuming I have no reason to believe you are NOT a resident of this state or ARE a felon, and assuming you have no reason to believe this of me, I hand you cash and you hand me a firearm; or vice versa. We also need to be at least 18 years of age if I'm not mistaken.

Legally, this is what is required for a Tennessee resident to sell a firearm to another Tennessee resident.

This is where I am at. I ask the questions that I am legally required to (are you a resident,  are you a prohibited person) and then I conduct the exchange and we go about our ways.

[gregintenn]

2 minutes ago, Chucktshoes said:

This is where I am at. I ask the questions that I am legally required to (are you a resident,  are you a prohibited person) and then I conduct the exchange and we go about our ways.

I know I'm picking nits here, but are you required to actually ask these questions? I thought you were only required to not make the sale of you have knowledge of the buyer being ineligible.

[Oh Shoot]

8 minutes ago, gregintenn said:

I know I'm picking nits here, but are you required to actually ask these questions? I thought you were only required to not make the sale of you have knowledge of the buyer being ineligible.

"Knows or has reasonable cause to believe".... is the only requirement as per federal law.

That's why successful stings are always, "hey I live in the next state, but...", or "hey I can't buy a gun from a dealer, but..", etc.

- OS

Edited November 28, 2016 by Oh Shoot

[Chucktshoes]

2 minutes ago, gregintenn said:

I know I'm picking nits here, but are you required to actually ask these questions? I thought you were only required to not make the sale of you have knowledge of the buyer being ineligible.

I'lol be perfectly honest, I don't know for sure. 

[gregintenn]

Just now, Chucktshoes said:

I'lol be perfectly honest, I don't know for sure. 

You'll notice I was asking.

I believe Oh Shoot has it right.

[Sam1]

14 minutes ago, Oh Shoot said:

"Knows or has reasonable cause to believe".... is the only requirement as per federal law.

That's why successful stings are always, "hey I live in the next state, but...", or "hey I can't buy a gun from a dealer, but..", etc.

- OS

That is the opening sentence on a lot of armslist inquiries... At least it has been with me.  I know who's on the other end of the line so I just reply back with a quote of the laws regarding it and never hear back.

[hipower]

16 minutes ago, Chucktshoes said:

I'lol be perfectly honest, I don't know for sure. 

I always ask. Or try to, but sometimes I get all wound up and forget.

[rob261]

Thanks everyone for the advice! Much appreciated. So was is a benefactor? (I'm new to the site).


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[rob261]

FYI I went to the page on the first reply and wasn't able to download the form. Is that a 'benefactor' perk?


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[Oh Shoot]

1 hour ago, rob261 said:

FYI I went to the page on the first reply and wasn't able to download the form. Is that a 'benefactor' perk?

No, it's broken somehow or other, locked out.

- OS

[monkeylizard]

1 hour ago, rob261 said:

Thanks everyone for the advice! Much appreciated. So was is a benefactor? (I'm new to the site).
 

Becoming a Benefactor is done by paying a nominal fee that helps keep this site running. By becoming a Benefactor, you get access to post ads (Sale, Trade, or Wanted) in any of the 4 Classifieds boards in the Trading Post section. You also gain access to a board for Benefactors-only called "Benefactor Lounge" in the General Interest section. It's similar to the General Chat board, but sometimes we share special deals amongst ourselves. I try to post any great deals I find on that board to benefit other Benefactors....after I order whatever it is for myself, of course. For example, we have some sticky threads on various ammo deals where we share any good ones we find with one another. It's not for buying or selling, but sometimes people post free stuff on there to let other Benefactors have first dibs. 

https://www.tngunowners.com/forums/store/category/1-benefactor-subscriptions/

[monkeylizard]

As for a bill of sale, Oh Shoot is right. Just a broken link. I've reported that in the Support board.

A quick Google search turned this one up from a Texas trading site. It's very similar to the one that the broken link used to go to. It's not state specific and doesn't need to be here. I'd use it if I needed one: http://texasguntrader.com/billofsale.pdf

Edited November 29, 2016 by monkeylizard

[chances R]

If you feel lucky you can sell to an 18yo.  

[Oh Shoot]

16 minutes ago, chances R said:

If you feel lucky you can sell to an 18yo.  

What does luck have to do with it?

- OS

[monkeylizard]

It's perfectly legal to sell firearms to an 18 yo in a private sale. The same rules apply as stated above.

[chances R]

I thought in an earlier post someone posted must be 21.  Don't see it now though.  It is legal to sell to an 18 yo IF you are not an FFL .  Luck, or rather bad luck would be if that 18 yo wound up in trouble involving the firearm.  Because of the FFL situation I bet it will take an attorney to pull your fat from the fire even though technically legal.

[monkeylizard]

FFL can sell long guns to 18+, Handguns to 21+

Private sale can be either long gun or handgun at 18+. The law is not ambiguous in this matter.

[Oh Shoot]

22 minutes ago, chances R said:

I thought in an earlier post someone posted must be 21.  Don't see it now though.  It is legal to sell to an 18 yo IF you are not an FFL .  Luck, or rather bad luck would be if that 18 yo wound up in trouble involving the firearm.  Because of the FFL situation I bet it will take an attorney to pull your fat from the fire even though technically legal.

An FFL can sell a long gun to an 18 year old. As per both federal and TN law you may sell a long gun or handgun or other firearm to an 18 year old.

Your hand wringing is silly. What would you be charged with by exactly following the law?

- OS