Looking for some advice on the (safe) sale of a gun:

[frontier737]

I may be selling my pistol to a TN resident and if I understand the law I can sell it to him without an FFL transfer.

What I'm asking for here is some advice as far as my personal safety is concerned. I plan to exchange the gun for cash in a neutral (public) place. But I was wondering if anyone has any advice for me to keep it safe for both of us.

Maybe it sounds paranoid but he know I have a gun and I know he'll have almost $500 on him so I figure we both want to be careful.

[Mike.357]

ask to see an ID that shows he is of legal age to own a handgun, ask him if he is prohibited from owning firearms. Assuming he passes these simple tests you can go to the next step.

Do this in a public place like a Food City parking lot. Do it during the day when people will likely be there.

I guess it happens but I have never heard a tale on here where someone was robbed selling a handgun in a private sale. If you are still nervous take a friend or your Dad with you. If your still nervous just don't do it.

[dats82]

+1 for what Mike said, especially taking a friend with you.

[RobertNashville]

I've bought and sold many guns in private sales and never had a problem. The advice already given is great advice. Mostly, just trust your instincts...if you feel uncomfortable selling to someone privately then just don't do it.

Personally, I like to sell only to those who have HCPs because it indicates that they person is qualified to own a firearm (at least as of the time time the permit was issued). Sometimes, especially if it's a large $$$ sale I use the generic Firearms Transfer Form that you can download from many internet sites (they are NOT required but not a bad idea to provide some paperwork).

Of course, if you are really not sure about someone but you still would like to sell the weapon if he's "okay" you can always still do the transaction through an FFL and pay the fee but I guess if I really was that uncomfortable with selling the gun to the person I probably just wouldn't do it at all.

Hope that helps some!

[frontier737]

Thanks for the advice.

[VERO1]

If you don't take a friend, at least you make sure someone knows where you are going.

[Westwindmike]

And don't pull out one of those crazy Bill of Sale forms without agreeing to it before the meet. I've seen good gun deals go bad over those things!

[JeffL]

Carry a loaded gun, concealed.

[frontier737]

And don't pull out one of those crazy Bill of Sale forms without agreeing to it before the meet. I've seen good gun deals go bad over those things!

What is that? I assume it's a home made CYA thing.

[frontier737]

Carry a loaded gun, concealed.

No doubt.

[Electric B]

Why bother asking if someone is a felon, unless you have a way of verfying what the buyer is telling you is the truth how do you know they are not lying to you?

Every cop show I have seen, when the cop ask "are you a felon, have you ever been arrested" the perp says no. Then when they call in the perp's info guess what they are a felon and have warrats.

Felons are LIARS !!!

If you are conserned about the buyer use an FFL.

[bigwakes]

I always carry on every person to person transaction. Even a $15 Craigs List deal. Good idea to see a driver's license, but not required. You don't commit a crime unless you knowingly sell to an out of state resident or felon.

[Guest kiltednerd]

Why bother asking if someone is a felon, unless you have a way of verfying what the buyer is telling you is the truth how do you know they are not lying to you?

Every cop show I have seen, when the cop ask "are you a felon, have you ever been arrested" the perp says no. Then when they call in the perp's info guess what they are a felon and have warrats.

Felons are LIARS !!!

If you are conserned about the buyer use an FFL.

According to the state law, you can sell a firearm to someone as long as they are:

1. A Tennessee resident

2. Over the age of 18 or 21 depending on the firearm.

3. The buyer has not been convicted of a felony.

It is my understanding that by simply asking the question, you have covered yourself on these terms. I ask these questions every time I sell a firearm. If they choose to lie, it is on them. Of course, if it isn't in writing.....

Edited January 4, 2011 by kiltednerd

[bigwakes]

ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons

Q: 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]

[Guest clownsdd]

What is that? I assume it's a home made CYA thing.

something like this, you can google firearms transfer form and come up with more. I never sell a gun without something similar. Just be sure it's known you will need it by the buyer before you go to do the deal

Bill of Sale

Transfer of Ownership

For $______ received, I, (seller’s name here), have sold to (buyer's name here)

One (1) ABC Model XYZ firearm description here, Serial # _____________

Any other accessories here

I represent that this ___________ is not stolen. I am the owner of the _______ listed above. If it can be shown now or in the future that this _______ was stolen prior to the date listed below, I will give the buyer a full refund for return of the _______ and all accessories listed above.

Sold as is.

No warranty is expressed or implied by the Seller.

Seller assumes no responsibility after transfer of ownership has taken place.

Seller assumes no responsibility of any/all aftermarket parts added to the ___________.

Seller assumes no responsibility of any/all original equipment parts on the ________.

Buyer assumes all responsibility when transfer of ownership has taken place.

Seller specifically disclaims any warranties of merchantability or of fitness for a particular purpose of this ________ and disclaims all responsibility for consequential and/or incidental damages or any other losses arising from the use of said _________.

Buyer agrees to the terms and conditions set forth and listed on this document, and acknowledges that he has received a true copy of this Bill of Sale/Transfer of Ownership and certifies that he is 21 years of age or older. Buyer acknowledges and understands that he will read the Owner’s Manual. Buyer agrees that it will be his responsibility when transfer of ownership has taken place to adjust, check, and follow all instructions as outlined in the Owner’s Manual. Buyer attests that he is able to legally buy and possess firearms.

Buyer: Name Here

Seller: Name Here

Date:_________________________

[Oh Shoot]

According to the state law, you can sell a firearm to someone as long as they are:

2. Over the age of 18 or 21 depending on the firearm....

Nope, 18 is old enough to legally buy handgun or rifle in private transaction.

- OS

[bigwakes]

Nope, 18 is old enough to legally buy handgun or rifle in private transaction.

- OS

But you have to be 21 to buy handgun ammo at Walmart right?

[Oh Shoot]

But you have to be 21 to buy handgun ammo at Walmart right?

Walmart follows same laws as FFL, who cannot sell handguns or handgun ammunition to anyone <21. Actually, they must, since they ARE a FFL, or at least individual stores are, or however that's handled.

What constitutes "handgun ammunition" is pretty gray, though, since there are pistols AND rifles that use most every caliber still manufactured.

- OS

Edited January 4, 2011 by OhShoot

[Guest nosnos]

My wife was worried about me doing my first private pistol sale, and I told her if it were ME looking for a victim to scam, it wouldn't be on a forum of people who are obviously keen on armed self defense.

Sent from my Droid using Tapatalk

[MikePapa1]

Follow the advice given, use the Bill of Sale example above and you'll be fine.

[ftncityfatboy]

Keep these few things in mind when making a private sale:

1 - Circle the parking lot where said transaction is to take place and if any of the following are present, leave

a- if the other party has his "boyz' or "posie" with him/her......leave

b- if the other party is adorned with obvious gang tattoo's.......leave

c- if the other party take's your firearm to check it out and assumes the "gangsta" position........leave

d- if the other party thinks your firearm would look better pink......leave

e- if the other party refers to you as his "homie"......leave

f- if the other party shows up wearing a ridiculous hat and says "party on dude".....sell me the firearm!!

In all seriousness, follow the advise given and you should be fine. A Bill of Sale is always good. If you mention that up front, that will most likely remove those who might not be legal to buy immediately.

[MikePapa1]

f- if the other party shows up wearing a ridiculous hat and says "party on dude".....sell me the firearm!!

Hmmmmm. As a man who always wears a hat, I'm trying to decide whether to be offended. By the way, one you missed:

g- if your meeting place has over watching snipers, and they are not yours ...... leave

[ftncityfatboy]

Hmmmmm. As a man who always wears a hat, I'm trying to decide whether to be offended. By the way, one you missed:

g- if your meeting place has over watching snipers, and they are not yours ...... leave

turn your attention to my avatar...........