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selling gun with a bill of sale????


inspecting1

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Posted

OK so I'm reletivley new to TN so would somebody explain to me why someone would won't you to sign a bill of sale to purchase a firearm from an idividual? I can understand the FFL deal with out of staters (partially anyway). Is this something that is required or is this just a tinfoil hat gig again?

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Posted

Protects buyer and seller. Protects seller in case buyer commits a crime with it later, protects buyer in that it prevents seller from turning around and claiming it was stolen.

Posted

Some people think it is protection once it leaves their hands. Especially if their name is on the books. It is not required or necessary IMO. I won't do a sale if it is involved for principal reasons. There are others who won't do a sale if it is not involved. If you do a search you will find lengthy threads debating the whole thing. Happy reading! :D

Posted

If you it to actually legally protect you, it should probably be notarized. I prefer a bill of sale depending on who I'm selling to.

Guest raceman383
Posted

I have never signed a bill of sale for any privately purchased firearm.

Guest 6.8 AR
Posted

I give people a receipt when the give me their money. If they don't want it, that's fine.

Posted

Just curious I have to admit it spooks me just for the fact that if the big G ever decided to come take them that good ole boy you just bought it from would have your name and all. This is the first time I have ever heard of on here and I have to admit when I read it I thought Cali or Jersey.

Guest gcrookston
Posted (edited)

When selling on GB I include a "Letter of final disposition" which basically states: The ownership of one (describe item, including ser#), is transfered to (buyer), for final disposition. /signed/dated. and include a copy of my HCP. This is more for the benefit of the FFL doing the transfer than for the buyer.

Otherwise I am not that concerned about receiving a bill of sale or issuing one.

When selling face-to-face, if the person is not known to me I ask to see their DL or HCP, make a note of the name and # and will ask them if they can legally own a gun. I'll note this info in my firearms inventory spread sheet.

I've only had one gun in the hundreds I've sold over the years ever traced back to me. I purchased it new, didn't like it and traded it to another dealer at a gun show. Later it was used in a crime in New Orleans. Authorities traced from the Mfg to the distributor, to the dealer and then to me. I had the invoice from the trade issued at the gun show and provided it to the agent and that was that.

I will buy from individuals if they appear on the up-and-up without concern (i.e., I don't buy out of trunks of '87 Impalas riding on 24"s in public housing parking lots).

If, on the one in a million chance the authorities come knocking looking for your gun-show buy (whether tracking it to you from you acquisition or subsequent sale), a receipt will not get your money back or exonerate you. It is only a crime to knowingly buy and sell stolen property. Exercising Good Faith that the item was not stolen and that the buyer was legally allowed to purchase are the only requirements. If in doubt, don't do the deal

Edited by gcrookston
Posted

I have sold a few handguns as well,I have always made sure that the person is a Tennessee resident and is 21 years old.And the cash is not funny money.:2cents:

Posted

It's purely voluntary. If I sell an individual a gun I will insist on some sort of bill of sale. If someone doesn't want to do that I have no problem with it, but I won't sell them one of my guns.

Posted

I would like to see the Tennessee state law on tis. Does anybody know the law?

Posted
I would like to see the Tennessee state law on tis. Does anybody know the law?

There is none! All you have to do is confirm they are legal to buy the gun. Nothing written and no record is required. Nothing written is necessary. How many times does this horse need beating!? :hiding:

Posted

This reminds me of a guy I spoke to once who kept asking me "where do I register my firearms here?"

I kept telling him that it's not a requirement in the state of Tn. but he kept phrasing it a different way...the question: So I don't have to take them down to the police station?

the affirmation: cool! I don't have to register my firearms in any way in the state of Tn.!!

the disbelieving question: You mean to tell me that I don't have to tell the state or local gub'ment how many and of what type of firearms I own?

I finally told him : Look, you don't have to register firearms in the state of Tn. and if you ask that danged question again in any fashion, I'm gonna stop talking to you because I figure you're a lunkhead who can't hear, or you doubt my veracity.

he just smiled and started talking about his preference for different firearms.

Posted (edited)

I use bill of sale it protects both parties. Far fetched ex. " you meet someone at ext xxx on I-75 for FTF You give the guy cash and get gun and leave he calls Thp and claims he sees someone steal his gun out of his car and gives your discription bill of sale would be handy." No its not likely and pretty far fetched but could happen and I'm sure better examples. My bill of sells or kept private and NOT for public record. When I have bought from LEO on ocasion they had no problem bill of sale.

Edited by laktrash
Posted

Having a bill of sale and requiring ID can help you if the following happens to you….

You are arrested for selling to an out of state resident.

You are arrested for selling to a minor.

You are arrested for selling to a convicted felon. (ID’s and Bills of sale won’t get you out of this one but it will help a lot more than having no paperwork; if you just sold to a convicted felon.)

As far as what Tennessee law is check here… http://michie.lexisnexis.com/tennessee/lpext.dll?f=templates&fn=main-h.htm&cp=tncode

Tennessee law doesn’t require you to ask for or see ID; but it is a crime to sell to a minor.

Tennessee law doesn’t require you to ask the buyer to submit to BAC or drug testing; but it is a crime to sell to someone that is intoxicated.

Federal law requires that handgun sales to or from out of state parties go through an FFL. The fact that you didn’t know they were from out of state might be your defense; but it could be one you will be presenting at your trial.

Federal law doesn’t give you access to run a background check; but it is a crime to sell to a known convicted felon.

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