Where do y'all conduct your private sales?

[MrJones79]

What's best practice....meet at a range? Gun shop? Sketchy back alleys?

Thinking of selling my MR556 but newish to TN and haven't done a private sale here yet.

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[peejman]

A range is a good idea if the buyer wants to try it first.  Don't know that I'd meet at a gun shop unless a transfer was necessary.  I've met people in fairly large parking lots during the day, though given my experience with other TGO'ers a shady back alley would be perfectly fine too. 

[Tuffus]

Some police departments are allowing online sales including guns in their parking lots. Check with your local department to see if it's ok with them.

 

[MrJones79]

Thanks for replies. My old state had same deal with PDs if local dept allowed it.

Do most sellers require buyer to hold HCP as some measure of assurance that they aren't selling to a nut job or criminal?


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[gregintenn]

My house, your house, McDonald's parking lot....where ever.

[Dolomite_supafly]

Depends on the seller. If I am selling to someone I do not know I ask two questions, "Are you a citizen of Tennessee?" and "Are you prohibited from owning a firearm?". If they answer correctly I take their cash and hand them a gun. If a seller wants me to fill out a form with all kinds of personal information I walk.

[RED333]

About any where you feel "good" about the buyer. As far a paper work, if I really want the firearm I will fill out paper work, depends on the seller. I have not sold a firearm as I buy what I want with no want or need to sell.

[DaveTN]

1 hour ago, MrJones79 said:

 

What's best practice....meet at a range? Gun shop? Sketchy back alleys?

I don’t travel to sell, so depending on how they come into town I just pick an open parking lot.

39 minutes ago, MrJones79 said:

Do most sellers require buyer to hold HCP as some measure of assurance that they aren't selling to a nut job or criminal?
 

The state doesn’t give you any way to do a background check, so the only way you have a legal problem is if it can be proven you knew the buyer didn’t have gun rights. Obviously, if someone tells you that, you don’t want to sell to them and are probably being set-up.

You are however required to know that they are of age and a Tennessee resident. I use a simple bill of sale that requires nothing more than their signature, phone number and a statement that they aren’t banned from legally possessing the firearm. I don’t require an HCP, but I require they show me a state ID. But I make that clear in terms of sale in my ad. If they don’t want to give ID, I don’t care what their reason is; I don’t want to sell to them.

[MrJones79]

The state doesn’t give you any way to do a background check, so the only way you have a legal problem is if it can be proven you knew the buyer didn’t have gun rights. Obviously, if someone tells you that, you don’t want to sell to them and are probably being set-up.

You are however required to know that they are of age and a Tennessee resident. I use a simple bill of sale that requires nothing more than their signature, phone number and a statement that they aren’t banned from legally possessing the firearm. I don’t require an HCP, but I require they show me a state ID. But I make that clear in terms of sale in my ad. If they don’t want to give ID, I don’t care what their reason is; I don’t want to sell to them.

Thanks for advice. Does TGO have any boiler plate bills of sale posted? I don't mind traveling to seller if they are local, but given it's an AR I'm looking to sell, afraid someone would have a panic attack if they saw it being handled in parking lot. Handguns probably not as much an issue due to their size.

Any way thx again for advice guys. Haven't posted it yet in classifieds, but in meantime if anyone is interested in an HK MR556A1 send me a PM.

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[Westwindmike]

If you pull out a bill of sale without telling me, I'm walking away! Not required.

[MrJones79]

If you pull out a bill of sale without telling me, I'm walking away! Not required.

I would notify seller that I'd require it before any money changes hands.


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[Westwindmike]

1 minute ago, MrJones79 said:

 

I would notify seller that I'd require it before any money changes hands.


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You should notify on first contact(phone/email). It will save both of you a lot of time.

[TGO David]

A lot of police departments allow the use of their parking lot for Craigslist and other online sales transactions, including firearms.  It's wise to call ahead and ask of course.

 

[MrJones79]

You should notify on first contact(phone/email). It will save both of you a lot of time.

Agreed. I wouldn't want to be surprised either if I was buyer after driving, arranging sale etc and then get forced to sign something I wasn't expecting.


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[DaveTN]

22 minutes ago, MrJones79 said:

Thanks for advice. Does TGO have any boiler plate bills of sale posted?

There use to be one, but I don’t think the link works anymore. This is what I use…

 

Edited December 31, 2016 by DaveTN

[TGO David]

I have added a Private Party Bill of Sale to the FAQ section again.  Not sure how we lost the last copy, but no worries.  You can find the new one here:

As has been mentioned already, this is not required by law and some buyers will refuse to conduct a transaction with you.  That is certainly their prerogative.  I have in the past required it and likewise in the past not required it.  I tend to keep at least two blank copies with me and go on instinct or previous knowledge of the buyer when deciding whether or not I want to use it.

If I think it is even a possibility, I will let the buyer know before wasting their time or mine with a meeting.

That said, if a buyer voices no concern about it in advance and then balks at the time of the transaction and consequently "wastes my time", I will absolutely log negative feedback for that person here on the forum as a courtesy to anyone else who might consider doing business with them in the future.

 

 

[DaveTN]

I still get....

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The page you are trying to access is not available for your account.

Error code: 2C171/1

[Handsome Rob]

I always like to meet at The Outpost, if I'm buying from north of me. If it's local; a Wal-Mart parking lot, away from the store always seems to be convenient.

[gregintenn]

2 hours ago, DaveTN said:

I don’t travel to sell, so depending on how they come into town I just pick an open parking lot.

The state doesn’t give you any way to do a background check, so the only way you have a legal problem is if it can be proven you knew the buyer didn’t have gun rights. Obviously, if someone tells you that, you don’t want to sell to them and are probably being set-up.

You are however required to know that they are of age and a Tennessee resident. I use a simple bill of sale that requires nothing more than their signature, phone number and a statement that they aren’t banned from legally possessing the firearm. I don’t require an HCP, but I require they show me a state ID. But I make that clear in terms of sale in my ad. If they don’t want to give ID, I don’t care what their reason is; I don’t want to sell to them.

None of this is required by law, and has costed you several sales.

[TGO David]

2 minutes ago, gregintenn said:

None of this is required by law, and has costed you several sales.

It is still entirely his prerogative to expect it of anyone he sells a gun to.  Most folks do a simple bill of sale for a car or any other major item they sell / buy privately.  I think it's curious that some gun owners get very put off whenever someone asks the same for an item that we all know has so much legal baggage attached to it.  And yes, I get and appreciate that some buyers want to be "off the radar" but in doing so they essentially are leaving the seller with all burden of proof if the buyer or a subsequent buyer does something illegal with it.

If a seller wants me to sign a form, I'll sign the form.  If they don't ask, I don't volunteer.  I have a lot of other things in my life to stress about.  This isn't one of them.

 

[gregintenn]

Just now, TGO David said:

It is still entirely his prerogative to expect it of anyone he sells a gun to.  Most folks do a simple bill of sale for a car or any other major item they sell / buy privately.  I think it's curious that some gun owners get very put off whenever someone asks the same for an item that we all know has so much legal baggage attached to it.  And yes, I get and appreciate that some buyers want to be "off the radar" but in doing so they essentially are leaving the seller with all burden of proof if the buyer or a subsequent buyer does something illegal with it.

If a seller wants me to sign a form, I'll sign the form.  If they don't ask, I don't volunteer.  I have a lot of other things in my life to stress about.  This isn't one of them.

 

You're absolutely correct, and Dave always states this in his ads. I'm not put out or stressed about it, I just thought he might want to know this policy has prevented him from selling things in the past.

[Oh Shoot]

4 hours ago, DaveTN said:

 

The state doesn’t give you any way to do a background check, so the only way you have a legal problem is if it can be proven you knew the buyer didn’t have gun rights. ..

"knows or has reasonable cause to believe"

- OS

[DaveTN]

1 hour ago, gregintenn said:

You're absolutely correct, and Dave always states this in his ads. I'm not put out or stressed about it, I just thought he might want to know this policy has prevented him from selling things in the past.

I am fully aware some folks don’t like it. But it hasn’t cost me any gun sales. 

[gregintenn]

4 minutes ago, DaveTN said:

I am fully aware some folks don’t like it. But it hasn’t cost me any gun sales. 

Good. You might note that you've never sold one to me. Perhaps I'm alone in this.

[DaveTN]

17 minutes ago, gregintenn said:

Good. You might note that you've never sold one to me. Perhaps I'm alone in this.

Greg, the OP hasn’t done this before and was just asking the best practice. That’s all most of us were trying to give him. You are required by law to make sure the person is old enough and a resident of Tennessee.

If they make statements like what has been done in the gun show videos such as “I don’t know if I could pass a background check.”, and you sell to them you could find yourself cuffed and stuffed. Who knows what the outcome would be at trial. Most of us don’t care to find out.

He already has seen that there are some folks that won’t buy with a BOS involved. That is his call. I have found that if I can’t sell a gun without leaving Murfreesboro; it’s because the price is too high.