Necessary steps when selling a firearm

[MisterDanP]

I’ve never sold/bought/traded a firearm private party in Tennessee before. I have in a different state. I’m just curious what the process is here. What is necessary to make everything kosher and legal. Thanks in advance. 

[jhc77]

This should explain most everything. I’ve had numerous sales on here without a hitch. TN is pretty easy for friend to friend transactions. Up to both parties to where to meet and greet. Check out your purchase, exchange hands and shake. Most folks check feedback on other members to get a feel for previous deals as well.

 

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

[MisterDanP]

Thanks. I really appreciate the info 

[Smith]

I usually ask if they are a tn resident and legal to own a firearm (non felon). I refuse bill of sales from either end strictly on principal and I will not give my DL info out. I will show my DL if asked, but will not give my license number out. I don't knock those who use BOS, I just won't engage. Legally, simple reasonable knowledge of TN residence and legally able to own is all that is required.

[Grayfox54]

I'm of the opposite opinion. I always use a BOS. These days its a good idea to be able to account for where a firearm came from and where it went. The BOS goes into my records and will never be seen by anyone else unless questions arise. And while that's not very likely,  I have it JIC. 

[10-Ring]

I require a BOS as a seller if I purchased the firearm from an FFL and filled out a 4473 on it, or if I had to fill out a BOS when I bought it.  The FFL is required to maintain those 4473s and the ATF says that they don't, but....  In the event that there are questions about a firearm that I once owned I figure that it would be nice to at least be able to have documentation that suggests that I no longer have it. 

[Garufa]

17 minutes ago, 10-Ring said:

The FFL is required to maintain those 4473s and the ATF says that they don't, but.... 

FFL’s are required to maintain transaction records for 20 years.  When one goes out of business, regardless of the time in business, those records that fall within the previous 20 year period are to be turned over to the ATF.

[RED333]

27 minutes ago, Garufa said:

FFL’s are required to maintain transaction records for 20 years.  When one goes out of business, regardless of the time in business, those records that fall within the previous 20 year period are to be turned over to the ATF.

and now it is "for ever" that the records are kept after Foxtrot Juliet Bravo signed it into law.

[Smith]

1 hour ago, 10-Ring said:

I require a BOS as a seller if I purchased the firearm from an FFL and filled out a 4473 on it, or if I had to fill out a BOS when I bought it.  The FFL is required to maintain those 4473s and the ATF says that they don't, but....  In the event that there are questions about a firearm that I once owned I figure that it would be nice to at least be able to have documentation that suggests that I no longer have it. 

That is the principle on which I don't do BOS. I won't be an adjunct registry portal for something I believe is unconstitutional. Again, this has been hashed out in the old BOS threads and I wouldn't advise anyone not to use a BOS, but I have chosen not to.

That being said, I may or may not keep a record of firearms that have moved through my possession. I just don't do a BOS.

[Tom B]

11 hours ago, Smith said:

That is the principle on which I don't do BOS. I won't be an adjunct registry portal for something I believe is unconstitutional. Again, this has been hashed out in the old BOS threads and I wouldn't advise anyone not to use a BOS, but I have chosen not to.

That being said, I may or may not keep a record of firearms that have moved through my possession. I just don't do a BOS.

 I have a similar way to record what I buy, sell or trade. I have a book with the gun serial #in question, when I got it, when I sold it, and the phone numbers of buyers, or sellers. Sometimes even the license plate #.

I see it this way. If something I sold turned up stolen, or used in a crime, it might come back to me. (Because you never know if the guy that sold it or bought it keeps records also-lol).  So I want some info to show where it came from. I will also do an occasional BOS if its something I bought at a dealer and filled out paperwork.

[crc4]

I've never sold any guns outside of Tennessee, but I've never had any problems in over 50 years of personal transactions. Nowadays, I do kept the emails and messages of the conversations leading up to the transaction. I don't do telephone conversations with strangers about firearms. All email and texting until we meet.

If someone appears sketchy or under 25 I may ask for an ID to verify they are Tennessee residents and of legal age.  I have done a BOS on  occasions, but never had a buyer ask for one. But I've also never had a buyer refuse to produce ID or balk if I requested a BOS.

I believe as long as you do due diligence in meeting TN State Law regarding gun sales you should be fine even if the gun is used afterward in a criminal matter.

I also will use a police or sheriff's department public parking lot at times for a meeting place knowing that cameras are recording. As I live in a smallish city and rural county, that's accepted by law enforcement as a deterrent to thieves, fraudsters, and robbery.