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handgun out of my name


Guest jrcnova

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Guest jrcnova
Posted

I have a handgun I want to sell but I don't want my name tied to it once sold. How do I go about getting it transferred to the New owner?

Posted

Two methods come to mind.

One-Convince the buyer to go with you to an FFL and fill out the sale and transfer papers. The buyer would have to fill out a Form 4473 and have a Tn background check run and someone will have to pay for it. Possibly have to pay the FFL something to handle the transaction as well.

Two--Use a Bill Of Sale form and fill in all information about the gun: make, model, serial number, barrel length, caliber, finish, etc. Exchange information as necessary for legality, names, addresses, phone numbers, etc. Some people want Tn Drivers liscence numbers recorded. I do not subscribe to that, but that's my feelings. After I verify residencey in Tn, age, check if permit holder, not necessary, but it makes me feel a little more comfortable, and feel safe with the buyer; I'm usually satisfied with the transaction.

You do not have to use an FFL transfer, a signed, filled out bill of sale is all that is necessary in this state. But if you want to go thru an FFL, that's your perogative.

But I think you'll get some reluctance from a lot of potential buyers on that.

JMO

Guest bkelm18
Posted (edited)

There is no gun registry in TN so your name is not "tied" to it anyway. However if you're looking for some sort of paper trail, transfer it through a dealer. Will cost you extra $$ though.

Edited by bkelm18
Guest bkelm18
Posted

You do not have to use an FFL transfer, a signed, filled out bill of sale is all that is necessary in this state. But if you want to go thru an FFL, that's your perogative.

But I think you'll get some reluctance from a lot of potential buyers on that.

JMO

That is not correct. A bill of sale is not required in TN.

Posted

As stated above go to your local FFL and do a transfer. Your name will still be tied to it wherever that is the case now; you will just have proof of transfer if for some reason it is traced back to you.

Posted

Just have them sign a bill of sale with name, address, serial number, make, driver's license number if you wish, and just keep it in your personal files for use if needed down the road.

Guest bkelm18
Posted

Just have them sign a bill of sale with name, address, serial number, make, driver's license number if you wish, and just keep it in your personal files for use if needed down the road.

That's what I would do if I were worried about it. As DaveTN said above, your name will always be "tied" to that gun, no matter what. The dealer you got it from has a record of that gun being transferred to you. So save a little money, and just do a bill of sale if the buyer agrees to it. Many buyers will not be ok with it, so make sure you tell them before you seal the deal.

Posted

There is no gun registry in TN so your name is not "tied" to it anyway. However if you're looking for some sort of paper trail, transfer it through a dealer. Will cost you extra $$ though.

If the OP bought the gun through a dealer then there is a 4473 with his name on it. That's the beginning of the paper trail.

Guest bkelm18
Posted (edited)

If the OP bought the gun through a dealer then there is a 4473 with his name on it. That's the beginning of the paper trail.

Technically the paper trail the police would follow would begin at the manufacturer, but it's not a registry, it's just a record of acquisitions and dispositions. I was just clarifying.

Edited by bkelm18
Guest jrcnova
Posted

I have heard that a bill of sale was sufficient. Just trying to find out for sure to cover my a$$. Now to sell the gun and go from there. Thanks for everyones input. Much appreciated.

Posted

I have dealt with quite a few people who will not sign a bill of sale whether buying or selling. There is not a legal requirement for it and as long as you have no reason to belive they are not allowed to possess a firearm you are going t be fine.

If you purchased it from a dealer then there may be a 4473 on file "tying" you to the purchase. If, when you purchased it, you did not fill out a 4473 just sell the gun to whoever will pay your asking price and not worry about it.

And realistically if you just write yourself a note of when, where and a description of who you sold it to that would likely be enough even if the buyer has no clue you did this. I know I generally never ask people to sign a bill of sale but I do set up a location where they will have to drive and I will write down their license plate number along with a description of the vehicle and the person I sold it to. I also make sure to ask if they are allowed to posses a firearm. That satisfies my conscience.

Now you need to pay for benefactor status and sell it in our classifieds.

Dolomite

Guest Grout
Posted

If you are that concerned about it sell or trade it to a dealer.

Posted

That is not correct. A bill of sale is not required in TN.

My apologies to all, I didn't mean to phrase it like that, I really meant that that was really all the buyer and sellers usually asked for and not always an FFL transfer.

Posted

The topic is "Handgun Out Of My Name". Unless the tracibility rules have changed since I got of the business 15 years ago, you will never remove your name from the trace until 20 years from the date of the execution of the 4473. As I recall, the trace is as follows:

Gun Serial Number ==> Gun MFG ==> Whole Seller / Distributor ==> Gun Dealer (4473) ==> Original Buyer (It violates Federal Law for the Feds to have a database of gun owners).

Regardless who the original buyer sells/trades to, a dealer, or individual, legal transfer or not, the original owner will always be subject to the gun trace disposition. There is no other way the trace will work. Simply trading or selling to gun dealer will not remove you from the trace. I recommend a retention of a bill of sale with the person or business name on the bill of sale who you sold/traded it to, and store this bos with your personal papers. I do recall after 20 years, the 4473 can be destroyed by the dealer, then and only then the trace will stop. Now this may have changed, like I said I have been out of the business for 15 years.

Posted

I never get a name, just want to see a TN drivers license. Not my responsibility to verify anything other than TN residency. Personally I would never keep up with a bill of sale and I hope my alibi holds up should the firearm ever be used in a crime. Besides I usually sell to the fine folks on TGO........what could go wrong.

  • Like 1
Posted

I say just sell it. There's no law against it. I've sold 100's of guns, and they may be knocking on my door in the morning, but so far I've not had any problems with "my name" being associated with one.

Just curious, have any of you here ever been questioned about a gun you sold? I've always heard the old scenerio about you selling a gun that would then be used in a crime, and the police would come after you. Never heard of an incident of that actually happening, however. I would be interested to hear if it's happened to you.

Posted

I sold a handgun recently and asked the buyer to sign a bill of sale. When he asked why, I answered, "If you lose the gun and it is recovered, they can get it back to you through me." That seemed to satisfy him and he handed over the cash.

Posted (edited)

Just curious, have any of you here ever been questioned about a gun you sold? I've always heard the old scenerio about you selling a gun that would then be used in a crime, and the police would come after you. Never heard of an incident of that actually happening, however. I would be interested to hear if it's happened to you.

More in the past year than ever. The ATF is cracking down on illegal dealers and even gun show dealers. Still, just verify that they are a TN resident and legally able to purchase a handgun. I've heard email records and the buyers phone number will prove more than you realize. Just by email they recovered several 100 handgun transactions from a guy here that was selling FOR PROFIT.

Just place it for sale, save the emails with the phone numbers, and ask the questions. I have a digital recorder to which is unnecessary but I did it a few times and you can read off the license plate as they drive off.

Edited by Patton

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