Transfering gun ownership in TN

[Guest JoeNashville]

What is the proper legal procedure, or is their one? If I want to buy a gun from a friend, I give him the cash, he gives me the gun and we're done, right?

I don't want to do anything wrong though...

I searched but couldn't find this topic so I will post and if anyone can point to a link that would be great!

[Guest HexHead]

What is the proper legal procedure, or is their one? If I want to buy a gun from a friend, I give him the cash, he gives me the gun and we're done, right?

I don't want to do anything wrong though...

I searched but couldn't find this topic so I will post and if anyone can point to a link that would be great!

Assuming you're legal to own a firearm and could pass a background check if needed and are a state resident, then that's it. You give him cash and he gives you the gun.

[Guest HvyMtl]

Ok, this is not legal advise here:

Example: You are not a known felon. He is not a known felon. He sells you his firearm for cash. There is no reason either party would believe the other is a felon. Zero issues. No paperwork required or needed.

The problem would be if either party is a felon, or one party has reason to believe the other is a felon. In either of these two situations, do not buy...

One thing you could do is make up a sales contract stating you paid $x for Y firearm and have both people's contact info on it. Have a copy for him and keep a copy for yourself. But it is absolutely not necessary. However, if you want piece of mind, why not?

[56FordGuy]

Assuming you're legal to own a firearm and could pass a background check if needed and both of you are a state resident, then that's it. You give him cash and he gives you the gun.

HexHead is correct, just added that little note. If he is a resident of another state, legally the two of you have to go to an FFL dealer in TN and have them transfer it to you, complete with a background check.

[TGO David]

Ok, this is not legal advise here:

Example: You are not a known felon. He is not a known felon. He sells you his firearm for cash. There is no reason either party would believe the other is a felon. Zero issues. No paperwork required or needed.

The problem would be if either party is a felon, or one party has reason to believe the other is a felon. In either of these two situations, do not buy...

One thing you could do is make up a sales contract stating you paid $x for Y firearm and have both people's contact info on it. Have a copy for him and keep a copy for yourself. But it is absolutely not necessary. However, if you want piece of mind, why not?

There is a form that several of us were passing around on XD Talk a few years ago, that I copied and revised for Tennessee specifically and have posted in the Trading Post forums. You will find it as a sticky post.

With some people there is a lot of wailing and gnashing of teeth about how it's un-American to expect them to fill out something like that, how dare you, blah blah blah. I don't want to deal with those people anyway.

I like to have a little CYA involved when I sell a firearm. People have been filling out Form 4473 for years now when they buy a gun new, and have been writing bills of sale for cars and things like that for much, much longer. I don't see the big deal about requiring it, but some people do.

Even if you don't really care about the CYA aspect, you should use the form just to be entertained.

[Guest hi im drummer03]

I have always done a bill of sale for the buyer and seller. With our Drivers license numbers on the invoice...

[TNTitan]

I have always done a bill of sale for the buyer and seller. With our Drivers license numbers on the invoice...

same here.

[Guest Patty]

Hmmm, get the cash and go, no paper trails.

[laktrash]

+ 1 bill of sale , drivers license# for both parties. Both parties protected and transaction is private

[saintsfanbrian]

I don't want your drivers license number and I am not going to give you mine however I will sign a piece of paper that stated on this day I purchased/sold gun X for Y amount.

You don't want to keep it? That's your business but I will have a copy in my safe along with the original receipt should anyone come a knocking.

[Hotshot]

Good advice above on the felon and age requirements. I always use a bill of sale like this, there are many on the web...

Xavier Thoughts: Firearms Bill of Sale

[Guest HvyMtl]

Nice Bill of Sale from Xavier.

Effectively, all you have to have on the bill of sale is a legible writing, with their name, your name, what was sold, signatures of the buyer and seller, and date of sale.

You do not have to have much of anything else. Having the "sold AS IS" is an extra protection if you are the seller.

I would not put down your drivers license info - I would just put down the addresses and that should be adequate enough. (again not necessary, but protects each, in case...)

[J Smith]

What about shipping a gun within the same state.

[PackinMama]

What about shipping a gun within the same state.

Please research this yourself by checking out the USPS and UPS websites, but here is what I found out:

You can legally ship a long gun to anyone's private residence within the state of TN via the USPS or UPS ground. You just have to declare what it is.

With handguns, same thing but you have to ship it via UPS Air and declare what it is.

With either one, I would also insure it to cya.

I've shipped a handgun using UPS Air to a private residence before, no problem. But....I also emailed them a copy of the form that TGO David mentioned and had them fill out their part and email it back to me along with a copy of their DL. That's not required, but better safe than sorry.

[Guest JoeNashville]

+ 1 bill of sale , drivers license# for both parties. Both parties protected and transaction is private

BTW, what is FFL or FLF, I've heard those terms in reference to transferring guns by third parties, especially interstate.

My main purpose is to make sure I do a transfer legally and to comply with both the letter and intent of the law, but I want a private transaction.

I'm great with the idea of a bill of sale and ultimately I want to cya myself that I'm not dealing with a felon or hot gun. I meet all the requirements to legally own a gun and want to deal with someone of the same standing.

I don't see the reason for DL #, but don't really care as I have nothing to hide, but do want it kept private. That was a good bill of sale and I may use that!

[Oh Shoot]

BTW, what is FFL or FLF...

FFL: Federal Firearms License/Licensee

FLF: ?

FTF: "Face to Face", often seen in private legal sales.

I don't see the reason for DL #, ...

Well, at least seeing a current one proves that you're selling to resident of your state. It is not legal to sell to say, a Kentucky resident just because you are both in TN when you do it.

- OS

[PackinMama]

FFL is Federal Firearms License....transfering a gun to an FFL just means transferring it to a person/shop that has a Federal Firearms License. Now "FLF" I'm not quite sure about.....

But as long as your a TN resident and you're shipping to another TN resident, you can ship it directly to them, following the methods I stated above. You don't have to go through a FFL to ship unless you're shipping to someone in another state.

Disclaimer: I am not a lawyer or expert on the law by any means......make sure you ask UPS (for handguns and long guns) or the USPS (for long guns only) yourself about their rules concerning shipping firearms.

[Guest CK1]

There is a form that several of us were passing around on XD Talk a few years ago, that I copied and revised for Tennessee specifically and have posted in the Trading Post forums. You will find it as a sticky post.

Thanks for doing this David, very helpful!

[Guest RugerFan7]

If I did not know the person very well, I would want to have the police or an FFL run the serial number to make sure it is not a stolen gun. Other than that I would probably want to have a bill of sale.

[Retired Navy GMC]

+1 on the bill of sale.

Call it personal protection in case the firearm is ever used unlawfully down the road. And I would keep the bill of sale in a fire proof lock box or safe.