Personal sale of firearms

[Guest Curley78]

If this has been covered somewhere else in this forum, sorry I'm new here. Could anyone tell me the "safest" way to conduct a personal sale of a firearm..? Specifically in Tennessee. Since a person can not conduct a background check on someone say, at a gun show or selling on this forum, etc. Is there a way to protect yourself when selling a firearm to someone who otherwise could not pass a background check..? Is the seller liable for the buyer..? Thanks in advance.

[daddyo]

If it's a cash transaction, there is no paper trail, but I think it's good business to have the other party show proof of TN residence, and agree to sign a bill of sale that has their name, address, phone, and TN DL#. Those things aren't required (except that both parties must be TN residents, otherwise it has to go through an FFL), but it's good to have all your bases covered.

[JReedEsq]

Use a bill of sale or get a signed statement that they are buying the weapon from you with the serial number recorded to protect yourself from liability if the gun is used in a crime. Verify either a Tennessee Driver's License or (even better) a Handgun Carry Permit. You probably wouldn't have liability regardless unless you have some reason to believe that the buyer is 1) mentally unstable, 2) planning a crime, 3)has a criminal record, 4) is subject to an Order of Protection, or 5) has been convicted of domestic violence. Regardless, checking ID and having a bill of sale are two very good ways to make it clear you 1) have no knowledge of any reason someone shouldn't be legal to own a firearm, and 2) record your sale.

[Jonnin]

The safest way is to go to a gun store and do an FFL transfer with the background check, most shops will provide this service at some cost + the background check fee. I do not know --- maybe you can do the background check without the fee, I don't know how that system works. The fee may be tied to the paperwork portion which could be skipped. The seller is only liable if the person you sold it to is very, very obviously a problem. Like, you sold your handgun to a 10 year old kid, or someone who was very clearly out of state (say you went to meet him in georgia...!). The police may be willing to do a background check for you for free. Again, I do not know. Most folks settle for meeting in a public place (so robbery is less likely), with a buddy along for the ride, and let it go after checking the buyer's driver's liscense. I mean, its a 2 way street: the buyer does not know the gun is not stolen, or that you are from his state, or anything about you. The seller does not know if the buyer is a felon or criminal, or out of state, or whatever either. So the ONLY safe way is to get an authority involved who CAN run the numbers on the gun and the buyer to see if both are legit.

[Guest WyattEarp]

Use a bill of sale or get a signed statement that they are buying the weapon from you with the serial number recorded to protect yourself from liability if the gun is used in a crime. Verify either a Tennessee Driver's License or (even better) a Handgun Carry Permit. You probably wouldn't have liability regardless unless you have some reason to believe that the buyer is 1) mentally unstable, 2) planning a crime, 3)has a criminal record, 4) is subject to an Order of Protection, or 5) has been convicted of domestic violence. Regardless, checking ID and having a bill of sale are two very good ways to make it clear you 1) have no knowledge of any reason someone shouldn't be legal to own a firearm, and 2) record your sale.

This! Excellent post. he should also get the sale notarized as well if possible, that way it holds just a tad bit more weight in the event that something unlikely occurs afterwards as a result of the sale. I would treat every firearms sale just like I was selling a car. Document everything, keep records of all the transactions.

always best to protect yourself, because no one else will look after your interests and well-being.

[D3vo]

I have used this TGO linked Bill Of Sale.

http://www.tngunowners.com/forums/trading-post-notices-faqs/8-suggested-form-face-face-firearms-sale-transfer.html

[Glock30]

The safest way to do a deal is to meet in a public place, meet under bright lights if it's night time, know who you're dealing with, and have good communication before meeting. Talk to the person on the phone. If you're not comfortable, don't trade with someone. But if you're not comfortable, figure it out before you both go to meet.

As others have said, see a TN DL or better yet, a TN HCP.

[Armed Aviator]

This thread delivered! Great information. All bases covered. I have nothing to add.

[Guest Curley78]

Thanks everyone. Very good points. Cheers TGO...!

[Oh Shoot]

Oh horse pucky, y'all.

Just ensure buyer is TN resident and over 18.

Unless you have reason to believe they are a felon, certifiably insane, etc, that's all the law requires.

Nobody is going to charge you with a crime only because a gun you used to own was used in it. Of course, unless you are first owner, bought from a FFL, they'll likely not even find you to question anyway.

But if you insist on doing a bill of sale, for sure INFORM the potential buyer of that BEFORE you meet to do the deal.

- OS

[Lumber_Jack]

I agree with OS, just ask for ID to prove they are 18+ and TN resident. Then ask them "are you legally allowed to buy/own a firearm?". If they say yes, take the money.

[laktrash]

Oh horse pucky, y'all.

But if you insist on doing a bill of sale, for sure INFORM the potential buyer of that BEFORE you meet to do the deal.

- OS

Like OS said

Be sure to establish this before the meet. I usually want one but its not a deal breaker for me ,but for some it is

[Mike.357]

I am not giving written information about myself to some random person. Are you kidding me?

Ask to see ID that shows the buyer to be a TN resident. That is all.

Can anyone cite any instance of a person being charged with a crime from the sale of their gun?

[ttocswob]

Meet at a public location, usually wally. If anything, I ask them to show TDL - and I don't even read it, let alone remember. Just a quick look at the picture.

Of course if C&R I would have to get info for my bound book.

[Jonnin]

I agree with OS, just ask for ID to prove they are 18+ and TN resident. Then ask them "are you legally allowed to buy/own a firearm?". If they say yes, take the money.

I agree with this, but it was not the question. The question was the safest way, not the most sane way. The safest way is by doing the checks on the gun serial and the buyer. The sane way is to CYA by checking age, state of residence, and the usual things.