Seller requirements/due diligence for private transactions

[redtailracing]

Did a quick search and didn't see anything and I believe the laws have changed recently anyways (or at least new rulings further defining interpretations) so an update to this topic may be pertinent given the popularity of the classifieds here.

As a seller, what is the due diligence requirement in TN for selling to another party in a private transaction not involving an FFL on either side? I know a few years ago it was common to request a HCP flash but even back then, I knew far more gun owners who didn't carry or have a permit than those that did. And now with constitutional carry, I imagine even fewer folks have them. So what are the alternatives? Are we legally liable for investigating someone's ability to legally own prior to a sell at all? I've considered requesting them sign a bill of sale stating they are legally allowed to own the firearm I'm selling them but not sure if this is even useful. 

Additional question, best I can tell, the minimum legal age to purchase a handgun in a private transaction in TN is 18, correct?

[Smith]

1. Are you a TN resident?

2. Are you legal to own a firearm? (Not a felon).

I usually just ask, "are you at TN resident? and you're not a felon?"

The ID and everything after that is unnecessary. You will get strong opinions about the extras and the methods but the above is all that is required by the letter of the law.

Personally, I will do no more and no less. I understand Bill of Sales, but out of principal, I will not participate in those transactions.

Edited June 14, 2023 by Smith

[redtailracing]

55 minutes ago, Smith said:

1. Are you a TN resident?

2. Are you legal to own a firearm? (Not a felon).

I usually just ask, "are you at TN resident? and you're not a felon?"

The ID and everything after that is unnecessary. You will get strong opinions about the extras and the methods but the above is all that is required by the letter of the law.

Personally, I will do no more and no less. I understand Bill of Sales, but out of principal, I will not participate in those transactions.

Thanks for the feedback. What about minimum age to buy privately? Literally have a 19 year old wanting to buy a pistol I have listed right now and am pretty sure I can legally sell to him. But also can't find it explicitly stated anywhere. Only that 18-20 is allowed to own and carry but FFL is not legally allowed to sell to 18-20. I would think that you could infer from that that a private seller CAN sell to an 18-20 year old but laws are difficult to keep up with these days. And there's so much fuddlore out there regarding what you should do that is really just opinion presented as having legal merit. Muddies the waters quite a bit. 

[Smith]

I would operate under the law as I know it, 21 on the handgun. Ability to own and carry is not the same as ability to buy. I would not sell to a 19 year old.

I left out the 21 in my first post but I usually say that attached to the "are you 21 and legally able to own a firearm" for handguns.

[Omega]

36 minutes ago, Smith said:

I would operate under the law as I know it, 21 on the handgun. Ability to own and carry is not the same as ability to buy. I would not sell to a 19 year old.

I left out the 21 in my first post but I usually say that attached to the "are you 21 and legally able to own a firearm" for handguns.

The law states that you have to be 21 to buy a handgun from an FFL, not from a private person.  So an 18 YO can legally purchase a handgun in an in-state personal transaction.

[Smith]

7 minutes ago, Omega said:

The law states that you have to be 21 to buy a handgun from an FFL, not from a private person.  So an 18 YO can legally purchase a handgun in an in-state personal transaction.

While that may be true, hypothetically speaking, I'm not selling under those conditions.

[BigK]

I thought an 18-20 yr old could own a handgun given to them by a family member, but they couldn't buy one. I did not know that only pertained to FFL transactions.

[Omega]

3 hours ago, Smith said:

While that may be true, hypothetically speaking, I'm not selling under those conditions.

You have the right to sell to whom you wish, and to set the conditions of such sales, but you did say you would operate according to the law as you know it.  And for clarification from the horses..well you know. 

https://www.atf.gov/firearms/qa/may-individual-between-ages-18-and-21-years-age-acquire-handgun-unlicensed-individual

Quote

May an individual between the ages of 18 and 21 years of age acquire a handgun from an unlicensed individual who is also a resident of that same state?

An individual between 18 and 21 years of age may acquire a handgun from an unlicensed individual who resides in the same state, provided the person acquiring the handgun is not otherwise prohibited from receiving or possessing firearms under federal law. A federal firearms licensee may not, however, sell or deliver a firearm other than a shotgun or rifle to a person the licensee knows or has reasonable cause to believe is under 21 years of age.

There may be state or local laws or regulations that govern this type of transaction. Contact the office of your State Attorney General for information on any such requirements.

[18 U.S.C. 922(b)(1)]

 

[Smith]

14 minutes ago, Omega said:

You have the right to sell to whom you wish, and to set the conditions of such sales, but you did say you would operate according to the law as you know it.  And for clarification from the horses..well you know. 

https://www.atf.gov/firearms/qa/may-individual-between-ages-18-and-21-years-age-acquire-handgun-unlicensed-individual

 

Yeah, I'm hypocritical on that point. Too many potential legal issues or threat of issues in today's climate.

[Grayfox54]

For some years now, I always require a BOS if I'm buying or selling. These days its just makes good sense to be able to account for where a gun came from or where it went.