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Need advice on private gun sale


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Posted

Ok, I need some help. I have a few guns for sale. I have never sold a gun in a private sale to anyone I did not know (as in close friends). I have no problem with showing an ID for the transaction (buy or sell). But I am a little afraid of putting my DL# down on a bill of sale. Not that I have anything to hide, I just read so much about identity theft that it scares me a bit..

So, if you fellow TGO members could chime in and provide me some guidance it would much be appreciated..

:wave:

Posted

If you don't feel comfortable with the bill of sale, don't use it. It's not required. Check the buyer's ID and if it's good, your obligations are fulfilled.

  • Like 2
Posted

Some will not do a private sale WITHOUT a BOS and some will not do a private sale WITH a BOS. I personally won't have my information recorded by anyone for the very reason you mentioned. One it's unnecessary, two it can only work as a negative in my favor down the road (IMO), and I don't trust people with my info. Now, I will gladly show my HCP and/or license if I don't know the person and will ask the same. It's always good to ask what the other person expects as it can get heated at times on this subject of a BOS. Just my thoughts.

Posted

I am also one that doesn't like to give my personal information. I will show my HCP and that should be sufficient to let the person know that I am legal as a buyer. I have never asked a seller for a bill of sale. If you are worried about someone doing something illegal after the fact, just keep a record of the date of sale and persons name. I suspect you know their name most of the time, but giving someone I don't know my DL or address isn't going to happen most of the time. If you sell online, keep a record of their email address. If anything serious would happen, law enforcement could use that to try and track someone down.

Posted

Just ASK them. I do. It's perfectly acceptable to ask "Have you been convicted of a felony or misdemeanor domestic violence charge?" It's also perfectly acceptable to take a man's word in good faith.

Posted

I have used bos forms at times, mostly if the buyer or seller is insistant on it. But I will not record my dl# on any bos form for an individual. Address I can live with, though I prefer not to. Anyone with half a brain cell can find an address on one of us.

Personally if I sell a gun I purchased from an ffl, I will ask for a bill of sale, just my preference. If it's one I've traded for, or bought from someone I know, going to someone I know; I'll just record any info I feel pertanent in my file. Date, buyer's name, location of sale, email and handle as well as name.

Heck, I traded one glock for another this weekend with no bos, traded one earlier in the week with bill of sale forms at the request of one of our members, and then sold a Keltec P32 to a young Tennessean who thought we had to go thru an FFL dealer til I explained it to him. Then bought another G19 today without anything from a member here.

It's all good. Just depends on the person/persons involved and how they look and act to me.

Posted

If you don't feel comfortable about the person trying to buy the gun, just refuse the sale.

DO ask the two crucial questions:

1) Are you a legal resident of Tennessee?

2) Are there any laws prohibiting you from buying this firearm?

I usually ask to look at the handgun permit. If they say they don't have one, I look at them funny and ask "Why not?" Then I say a DL is OK. Just me, but I think that if you have a handgun, you should get your carry permit.

Posted

Make sure that you have discussed the BOS issue before going to meet the buyer and that way there are no misunderstandings at the meeting and don't have him come to your house. Meet in a busy location. I sold one once in a Pilot parking lot where I knew there were cameras and in Sam's Club parking lot.

Posted

If I buy a gun in a private transaction I will show my carry permit and dl to prove I'm a Tn resident and can legally own a gun.I'm not giving personal info to a stranger.

Posted

I recommend keeping all email conversations that most likely will contain phone numbers and names. Ask the 2 important questions. I often will record the license plate number also. You should be more concerned as a buyer than a seller, trust me. I have never done it but you could record the conversation digitally with most any newer phone.

Posted

If I buy a gun in a private transaction I will show my carry permit and dl to prove I'm a Tn resident and can legally own a gun.I'm not giving personal info to a stranger.

Some people can look at an ID for a few seconds and remember everything on it, at least long enough to have a chance to write it down. No sense limiting the paranoia. :)

- OS

Posted

I don't really see too much of a reason to get a drivers license number. A name and date of birth will give police everything they need to know especially if you know they live in TN.

Posted

If you want to do a BOS but don't want to include a DL # there a a number of templates online that don't have that on the form. I did one like that about a month ago.

Posted

As I understand it, a prospective buyer needs to be a Tennessee resident. If he says he is, and you have no knowledge, or no reason to believe he isn't able to legally purchase a firearm, eg. felony conviction, etc., I think you have legally done all you need to do to be able to sell him a firearm.

Posted (edited)

As I understand it, a prospective buyer needs to be a Tennessee resident. If he says he is, and you have no knowledge, or no reason to believe he isn't able to legally purchase a firearm, eg. felony conviction, etc., I think you have legally done all you need to do to be able to sell him a firearm.

True enough. But we can't run a background check, but can at least (forgery aside) verify residency via simple DL glance, which I'd feel more comfy with.

I'd posit we are at the point where another high profile shooting or two (this time from perps who did NOT get thier guns through FFL) that might well be the impetus to end legal private sales nationwide.

My point being that a person willing to buy illegally from out of state is probably quite likely to commit other criminal gun behavior too, and I'd just as soon do my tiny part to nix that.

- OS

Edited by OhShoot
Guest airborne1525
Posted

I personally don't worry about BOS, if the person has been on here for awhile, I go on gut. Say you happen to sale a gun to someone who shouldn't have one, how is the BOS going to make a difference. The firearm still got into their hands. Our gut is our best judge!

Posted

Just as with giving someone liquor or tobacco products I am legally responsible to know that the person is of age, not guess or assume; know. I am also legally responsible to know that they are a resident of the state of Tennessee. I have no way to know that without seeing a Tennessee ID. I am not legally responsible to know if they are barred from gun ownership; neither the state nor the Feds allow me access to that kind of information. That’s why it’s only illegal to sell to someone you know is a felon.

If someone doesn’t want to show you ID; don’t sell to them.

If the state or the Feds were truly interested in trying to keep guns out of the hands of people barred from owning guns they would either make that information available or they would offer free gun transfers.

Most of the people in these mass shootings would have been able to legally purchase guns with a background check, and many did. Many of them had mental issues that people knew about, but protecting the rights of a nutcase is more important than those 70 people in a movie theater, or your kids in school.

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