Selling a handgun?

[Guest Rem_700]

I have a buyer off of golsn who wants to buy my FN Five Seven and i was wondering is there anything that I have to get from him?Like have him sign a paper or anything when I sell it to him?Im asking this on a legal standpoint.I was told I don't have to get nothing legaly,but i could if i wanted to.

Edited March 25, 2009 by Rem_700

[Cajun]

Not legally.

[Guest Astra900]

If you bought it new, it wouldn't be a bad thing to atleast get his name and address. But you don't HAVE to.

[Guest 70below]

Wow.......and you didn't give TGO dibbs? ;-) Nope, don't need anything. But if you want to cover your butt, there is a form in the classified section here that you can use.

edit: here it is http://www.tngunowners.com/forums/showthread.php?t=8

Edited March 25, 2009 by 70below
added form.....

[Reservoir Dog]

I would make sure you are selling to a TN resident (ask for ID). Selling a handgun to someone out of state without a FFL involved can get you into trouble.

[Guest Rem_700]

Guy is a TN resident or atleast he said he was.I was going to ask to see his driver license just to make sure he is a TN resident,alot of Ky guys frequent LSN.I did buy the gun new,thats what worries me,is that it will still be in my name.Could I get in trouble if it was used in a crime and they ran the numbers and it came back to me??Even if i told them that I sold it to the guy and he said he was legal?

[Guest 70below]

In my opinion its a two part question........Can I be sued? Can I be prosecuted? The answer is probably yes on both parts.......anyone can be sued for any reason these days. And on the same token, you can be charged for most anything. But is there anything that says that you cannot sell to a private buyer.....no. As long as you make some sort of attempt to ensure that you are selling to an in state buyer who is able to legally own the said firearm you should be ok. Now, if you're worried about it, make them fill out a form like I've included above or if you're really worried and want to be even more sure, go to a gun shop and have them do a transfer for you. I'd say 75% of the guns out there aren't in the hands of the original buyer.

[Reservoir Dog]

Here is what the ATF says:

(B1) To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

http://www.atf.gov/firearms/faq/faq2.htm#b1

As long as the person is a TN resident, and you have no reason to believe he is prohibited from owning a firearm, it would be a legal sale. If the gun is used in a crime and recovered, a firearms trace would lead back to you, but all you would need to say is that you sold it to a TN resident. If you want, have the buyer sign a bill of sale. That way you will have a record of who you sold it to.

[Reservoir Dog]

Double tap.

Edited March 25, 2009 by Reservoir Dog

[Guest Rem_700]

Thanks ReserviorDog..I think i'll just have him sign a bill of sale..

[eehlert]

If you purchased the weapon new in Tennessee and after selling it, the weapon is used in a crime, the serial number won't be directly traced back to you, as TN does not register firearms. It will be traced to the wholesaler and/or dealer, which will in turn trace back to you. The TBI does not keep records of serial numbers but the gun dealer must keep record.

Otherwise, do as others have said and make them sign a bill of sale. If you are genuinely worried, pay 30 bucks and do your own background check.

[Guest Rem_700]

No worries anymore.Guy was in his 40's dressed in carhart work wear and had his HCP...

[hkusp40cal]

That was one suggestion I was going to make. Some people I know will only do FTF sales to HCP holders.