Question regarding handgun bill of sale

[JoeJ615]

ok not really clear on where to post this so i hope i guessed right lol .... my nephew gave me his Glock21SF in trade for some money he owed me a few months ago and i called a local shop about having it transferred to my name, the guy told me that in the state of TN it isnt necessary, that he can just give it to me and its mine ... all well and good but should i ever need to prove ownership im thinking i need to have him sign a bill of sale, can anyone educate me on this? and also any help on how to word a bill of sale to make it legal?

[Guest bkelm18]

No law, Tennessee or federal, requires you to prove where you bought it. I can really think of no scenario of where you would need to prove the gun belonged to you. If it were ever stolen, all you would need is the serial number.

[Guest pfries]

If you realy want you can fill this out from the trading post forum.

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

[Guest Grubbah]

a quick google search came up with this: http://texasguntrader.com/billofsale.pdf I think its a good idea to get a bill of sale, in fact I cant think of a reason not to. It protects you just in case something were to ever happen and your nephew claims you stole it or something goofy like that.

[Westwindmike]

Oh, boy! Here we go again!

[Guest pfries]

Oh, boy! Here we go again!

Hey I just let one go without it, just made record of it on my spread sheet(computers time and date stamp edits). It all depends on the individuals preferance, if I am purcahsing it does not bother me if the seller wants it, if I am selling it can depend.

[Smith]

In regards to the OP, there is no registration in TN. The gun is not in anyone's "name". The only way it is traced is if it is used in a crime and then the serial name is traced from the manufacturer, to the gun store, to the person that filled out the 4473. After that there is only word of mouth or "bills of sale" people may or may not have filled out. As a matter of principal I usually oppose "bills if sale" on FTF but in this case it might not be a bad idea for both of you since it was satisfying a debt. The gun not being the issue but rather the settlement of the debt.

[Patton]

In this situation you know well who he is and where to find him so no worries.

[DaveTN]

It’s not required by law, but it can’t hurt.

Good people that are not criminals deal in guns. However, it’s pretty easy for a stolen gun to get in the mix. Possession of a stolen firearm without proof of who you got it from could cause you legal problems.

[Mike.357]

i'll just bite my tongue, err fingers on this one.

[jaysouth]

There are a number of scenarios where the police can get custody of your gun.

Think about recovery from a thief, taken from your comitose body in the emergency room, left in a restroom, etc, etc.

If your gun winds up in the property room, you need some convincing documentation or a very good song and dance to get it back.

I could share the details of such a scenario, but it would be too embarrassing to post in public. I provided a bill of sale and got it back minus the ammo.

[Guest dubaholic2]

i have passed on a couple gun deals because the seller insisted on a bill of sale. i dont like giving my personal information to anyone, especially a total stranger. too much identity theft and the like going on now days to give information to unknown sources. plus the law states that it isnt required.

[NRA]

i have passed on a couple gun deals because the seller insisted on a bill of sale. i dont like giving my personal information to anyone, especially a total stranger. too much identity theft and the like going on now days to give information to unknown sources. plus the law states that it isnt required.

I hear ya, too many people get way to crazy trying to CYA that they want way to much info. Stay within the law and all will be well.

[Guest oldslowchevy]

what personal info? a printed name with sigature under it along with what it is you bought/sold with the serial number with date bought or sold and the amount bought/sold for?

no adderess, no phone numbers, no ss numbers no brith dates, no problems.

[DaveTN]

i have passed on a couple gun deals because the seller insisted on a bill of sale. i dont like giving my personal information to anyone, especially a total stranger. too much identity theft and the like going on now days to give information to unknown sources. plus the law states that it isnt required.

You are required by law to know the age and state of residence of the buyer. How are you going to get that without seeing some ID?

I’m not selling to anyone that refuses to show ID, how is that any different from a name and address on a bill of sale?

[Murgatroy]

You are required by law to know the age and state of residence of the buyer. How are you going to get that without seeing some ID?

I’m not selling to anyone that refuses to show ID, how is that any different from a name and address on a bill of sale?

It is also a defense if you are lied too.

"Are you of age to own this, are you a resident of the state of Tennessee, are you otherwise legally prohibited from owning this?"

As long as those questions are answered satisfactorily you are good to go.

[NRA]

It is also a defense if you are lied too.

"Are you of age to own this, are you a resident of the state of Tennessee, are you otherwise legally prohibited from owning this?"

As long as those questions are answered satisfactorily you are good to go.

yup yup yup yup!

But on a side note it is a good idea to be a responsible gun owner

Edited November 29, 2011 by NRA

[Mike.357]

big difference between showing an ID and writing all the info down on a piece of paper.

[Murgatroy]

yup yup yup yup!

But on a side note it is a good idea to be a responsible gun owner

With no doubt. I try not to judge a book by it's cover, but if a person obviously looks like a criminal, or otherwise makes me think he is a creep, I wouldn't sell to him.

[Mike.357]

on a side not it is a good idea to just follow the law as it is written

[DaveTN]

It is also a defense if you are lied too.

"Are you of age to own this, are you a resident of the state of Tennessee, are you otherwise legally prohibited from owning this?"

As long as those questions are answered satisfactorily you are good to go.

I don’t believe that; it isn’t listed as one of the defenses. Age and residence is easily established and you are required to know that. You can’t know if they are a felon, but if it can be proven you knew, you are subject to arrest regardless of what they tell you.

Tennessee allows private sales, but they aren’t with total immunity.

[Guest dubaholic2]

i have no problem showing ID, but i am not going to put my name and address down on a piece of paper for a total stranger to keep. call me crazy, but thats the way i am.

[rgaper]

I haven't bought or sold a firearm in Tennessee, but I think a very safe bet would be seeing the buyer's Tennessee HCP as this would confirm not only their residency, but also that they are not a felon, and that they are able to purchase a handgun. I don't know how quickly TN yanks HCPs if a permit holder becomes a prohibited individual, but in other states I've lived in, it's one of the first things they do.

As far as recording information, having that person's name, their phone number and seeing their TN HCP seems like due diligence IMO. If the HCP has a unique permit # that's not a TN DL#, that would be a good piece of info to record and there's no associated risk of identity theft there... but I believe the DL # is used.