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Private gun sales- any laws?


Guest wordsworth

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Guest wordsworth
Posted

I'm wanting to sell my Bertha .380 and maybe my tactical springfield xd, but I was wondering if there are any laws requiring compliance to selling or buying guns privately in TN? When I got my license I had to list one of these guns on my certificate, so if I sold it and a crime was committed with it, I assume they would come after me.

Guest joeharris
Posted

There are no Laws against a private Sale in Tn. you can even sell a hand-gun to somebody if they are 18 yrs. But a Dealer can not even legally sell a handgun to anybody under 21.

The reason they had asked for a serial no. when you took your HC Permit was due to a misprint on the form, which has since been corrected and that info. alledgedly destroyed.

So as long as the person you sell it to is not to the best of your knowledge a Criminal, you are fine.

If you buy a gun from someone and it was stolen, you would loose it, so it is best to check ID and get a name and make up a Bill of Sale!

There is a Bill of sale you can print out for such sales somewhere on this forum, but i dont know where!

It is technically illegal for you to buy a Handgun at a show from a private person, if you dont live in that State!

Hope this help's!:dropjaw:

Guest joeharris
Posted
searchforums.gif

Somwtimes, easier said than done!:dropjaw:

Guest bkelm18
Posted

As long as the both of you are residents of the same state, then you may sell to that person as long as you have no reason to believe they are not prohibited from owning firearms. There is no paperwork or records required. Some recommend a bill of sale, I don't see the point in it personally.

Here's what the BATFE has to say about it:

ATF Online - Firearms FAQs

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.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

^When it speaks of licenses, it means an FFL.

Posted (edited)
There is a Bill of sale you can print out for such sales somewhere on this forum, but i dont know where!

Found it.

http://www.tngunowners.com/forums/attachments/trading-post-notices-faqs/1d1169137565-suggested-form-face-face-firearms-sale-transfer-personal-bill-sale-transfer-firearm.pdf

Or use the ATF form 4473:

http://www.atf.gov/forms/pdfs/f4473.pdf

Here is a good point made in this lengthy thread:

http://www.tngunowners.com/forums/handguns/8631-has-anyone-experienced-refusal-use-tennessee-gun-owners-face-face-form-4.html#post111885

Edited by threeshot
Added ATF form 4473
Guest GlockRule
Posted

You can pretty much sell to anyone over 18, not a felon, and is a resident of your same state. If I'm selling a gun private party though I would prefer to only sell to someone with a handgun carry permit-I figure some of the "background check" has been done for me just by the fact they have the permit. I sold my first gun (which I bought new from a store 16 yrs ago, my name tied to it) at a gun show to a guy that seemed fine-middle aged gentleman. Perfectly legal sale, but you never know who that guy will sell to-hopefully it won't get into the wrong hands someday and cause me a headache. That's why I would never sell a gun today that has my name attached to it-I don't want to have to worry about it. Just something to think about.

Guest wordsworth
Posted

Ok. Thanks so much for the info. I just wanted to make sure. Sorry if this was addressed in another area of this site, but it's hard somtimes to find some topics here.

Guest 3pugguy
Posted
I'm wanting to sell my Bertha .380 and maybe my tactical springfield xd, but I was wondering if there are any laws requiring compliance to selling or buying guns privately in TN? When I got my license I had to list one of these guns on my certificate, so if I sold it and a crime was committed with it, I assume they would come after me.

do you mean when you got your HCP (you put license, but I assume you actually mean permit)?

Check these forums and if you are uncomfortable with a private sale, some shops will sell on consignment - see what they charge and it will relieve you of any potential issues for a part of the price.

I know Custom Gunsmithing over here in Clarksville does it - he mentions it on his web site - and would have to think there are places in Nashville that do so, also.

  • 6 years later...
Posted (edited)

I don't care if it is 7 years old, I gots to have me one of them "BERTHA .380's"  Where do I get one????????

 

For :poop: 's and giggles, somebody oughta dig up the very first TGO thread.

Edited by Caster
  • Like 1
Posted
20 minutes ago, btq96r said:

I have $2 that says this is someone trying to show how easy it is to buy a gun on the internet.

I agree. 765 is an IN prefix.

Posted
Just now, Raoul said:

I agree. 765 is an IN prefix.

With cell phones now-a-days I know lots of people who live in TN with out of state area codes. With that said, I do agree with you that something does not smell kosher...

  • Like 1
Posted
31 minutes ago, btq96r said:

@MacGyver Does the admin team have access to IP addresses from user logins?  That might shed some light on this guy.

Why waste the time?  Ignoring doltish posts is usually the best way to make them go away....and not take the bait.

Selling a firearm to someone who publicly posted an out of state phone number is a good way to get into trouble, and that trouble just might be deserved.

Really no need to go into "I'm interested" from a nearly 7 year old fishing expedition.

Posted
48 minutes ago, KahrMan said:

With cell phones now-a-days I know lots of people who live in TN with out of state area codes. With that said, I do agree with you that something does not smell kosher...

I agree, when I saw the number, I knew it was an Indiana number, but with cell phones keeping your number and all that, it could be a TN resident.

 

Still a bit odd to dig up a 7 year old thread though.

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