Private sale of a gun question

barnettamb · October 25, 2014, 05:17 PM

If I am privately selling a shotgun, is there anything I need to do paperwork wise, or do I just give them the gun and take the money?

By the way I live in Alabama.

Dave P · October 25, 2014, 05:44 PM

Paperwork in Dixie??

I am very sure you hand him the shotgun (assuming he lives in Alabama and you have no reason to think he is not legal to own it), he gives you green paper; you say "Thanks!" and "Goodbye"!

TXAZ · October 25, 2014, 07:16 PM

I would still get a bill of sale. It's a small but easy CYA in the event the weapon is later traced to a crime after the sale.

**Aguila Blanca** · October 26, 2014, 12:09 AM

Quote:

Originally Posted by TXAZ

I would still get a bill of sale.

The seller gives the bill of sale, he (she) doesn't receive it.

dogtown tom · October 26, 2014, 12:25 AM

Quote:

TXAZ I would still get a bill of sale. It's a small but easy CYA in the event the weapon is later traced to a crime after the sale.

Nonsense.

barnettamb · October 26, 2014, 12:43 AM

thanks for the replies guys. I figured that it was that simple but I just wanted to make sure. I appreciate it.

**44 AMP** · October 26, 2014, 12:29 PM

Check your state laws.

Where you live, there is probably no paperwork required BUT don't just go on well meant internet advice.

In state, face to face sale, Federal law simply requires you have no reason to believe the buyer is a prohibited person, and compliance with all applicable state laws.

It is prudent that if the gun can be traced to you that you keep a record of where it went. If there is an investigation that leads to you, being able to say (and have some scrap of paper for proof) "yes, officer, I did own that gun, but I sold it to MR XYZ on 10/28/14. No, I haven't seen or heard from him since." can save you a lot of hassle.

WVsig · October 26, 2014, 01:25 PM

Quote:

It is prudent that if the gun can be traced to you that you keep a record of where it went. If there is an investigation that leads to you, being able to say (and have some scrap of paper for proof) "yes, officer, I did own that gun, but I sold it to MR XYZ on 10/28/14. No, I haven't seen or heard from him since." can save you a lot of hassle.

+1

It takes 2 seconds and can save you some headaches down the road. It is far from nonsense as others have suggested.

dogtown tom · October 26, 2014, 01:28 PM

Quote:

44 AMP .... Federal law simply requires you have no reason to believe the buyer is a prohibited person, and compliance with all applicable state laws.

That's not all.
Federal law only allows a nonlicensed person to buy or sell to another nonlicensee who is a resident of the same state.

Quote:

It is prudent that if the gun can be traced to you that you keep a record of where it went. If there is an investigation that leads to you, being able to say (and have some scrap of paper for proof) "yes, officer, I did own that gun, but I sold it to MR XYZ on 10/28/14. No, I haven't seen or heard from him since." can save you a lot of hassle.

Do you really think a BOS will convince the officer to let you go on your merry way?

A Bill of Sale may offer benefit to the BUYER as proof of purchase, but in no way will a BOS insulate the seller from future "hassle".

Any police officer who accepts a BOS as proof that the firearm was sold is an idiot. Just as a note from your mom saying you are speeding home with lifesaving medicine for your dog........that won't get you out of a speeding ticket.

I can create a Bill of Sale for the Brooklyn Bridge in about five minutes......think that would convince anyone that I actually owned it or actually sold it?

Koda94 · October 26, 2014, 02:02 PM

Quote:

Originally Posted by dogtown tom

but in no way will a BOS insulate the seller from future "hassle".

It will if mr XYZ is guilty of the crime.

mete · October 26, 2014, 02:14 PM

I knew a guy who sold a gun to someone he didn't know. Without paperwork.He then spent a full day with police and FBI learning about selling guns without paperwork - the buyer had used the gun in a crime . A little bit of caution can go a long way !

**Frank Ettin** · October 26, 2014, 03:01 PM

Quote:

Originally Posted by dogtown tom

...Do you really think a BOS will convince the officer to let you go on your merry way?

A Bill of Sale may offer benefit to the BUYER as proof of purchase, but in no way will a BOS insulate the seller from future "hassle".

Any police officer who accepts a BOS as proof that the firearm was sold is an idiot...

No, it's not proof, nor is it guaranteed to protect a seller or buyer from hassle. But documentation of one's business transactions, especially if you can demonstrate that it is your regular practice to do so, can be useful corroboration. If you always maintain records of dealing business dealings 99.99% of the time you'll have no need for them. But it's one's habit of keeping records that makes the record useful for supporting (even if not conclusively) his story the the one time in ten thousand he needs his story to be believed.

In my years of practicing law I've seen a lot of hassle avoided or minimized by good record keeping habits.

dogtown tom · October 26, 2014, 04:50 PM

Quote:

mete I knew a guy who sold a gun to someone he didn't know. Without paperwork.He then spent a full day with police and FBI learning about selling guns without paperwork - the buyer had used the gun in a crime . A little bit of caution can go a long way !

Which proves WHAT exactly? Is there any evidence that if he had a BOS the day would have gone differently? The answer is no.

I've had four customers that had firearms traced back to them and not a one had a BOS to use as an excuse.........and NONE spent a night in jail or even took a ride downtown.

And it's not illegal under Federal law to sell guns "without paperwork" unless the seller is a licensed dealer.

**Tom Servo** · October 26, 2014, 05:51 PM

Quote:

I've had four customers that had firearms traced back to them and not a one had a BOS to use as an excuse.........and NONE spent a night in jail or even took a ride downtown.

I've seen much the same.

Essentially, a prosecutor would have to prove the seller knew the buyer was disqualified at the time of sale. There's no real burden of proof on the seller.

raimius · October 26, 2014, 07:46 PM

Quote:

And it's not illegal under Federal law to sell guns "without paperwork" unless the seller is a licensed dealer.

True, but why wouldn't you want a point of reference to help the police track down the person who left a firearm at the scene of a crime?

skizzums · October 26, 2014, 10:02 PM

just sell it. get paid with cash. skip the paperwork and sell w/o BOS which is YOUR LEGAL RIGHT! why take that away from ourselves? I sell em all the time face-to-face, no issues.

October 25, 2014, 05:17 PM	#1
barnettamb Member Join Date: February 12, 2013 Posts: 50	Private sale of a gun question If I am privately selling a shotgun, is there anything I need to do paperwork wise, or do I just give them the gun and take the money? By the way I live in Alabama. __________________ Never, Never, Never give up. -Winston Churchill Last edited by barnettamb; October 25, 2014 at 05:32 PM.

October 25, 2014, 05:44 PM	#2
Dave P Senior Member Join Date: August 16, 1999 Location: North Florida Posts: 1,346	Paperwork in Dixie?? I am very sure you hand him the shotgun (assuming he lives in Alabama and you have no reason to think he is not legal to own it), he gives you green paper; you say "Thanks!" and "Goodbye"! __________________ I think this country is screwed.

October 25, 2014, 07:16 PM	#3
TXAZ Senior Member Join Date: September 5, 2010 Location: McMurdo Sound Texas Posts: 4,322	I would still get a bill of sale. It's a small but easy CYA in the event the weapon is later traced to a crime after the sale. __________________ Cave illos in guns et backhoes

October 26, 2014, 12:43 AM	#6
barnettamb Member Join Date: February 12, 2013 Posts: 50	thanks for the replies guys. I figured that it was that simple but I just wanted to make sure. I appreciate it. __________________ Never, Never, Never give up. -Winston Churchill

October 26, 2014, 12:29 PM	#7
44 AMP Staff Join Date: March 11, 2006 Location: Upper US Posts: 28,860	Check your state laws. Where you live, there is probably no paperwork required BUT don't just go on well meant internet advice. In state, face to face sale, Federal law simply requires you have no reason to believe the buyer is a prohibited person, and compliance with all applicable state laws. It is prudent that if the gun can be traced to you that you keep a record of where it went. If there is an investigation that leads to you, being able to say (and have some scrap of paper for proof) "yes, officer, I did own that gun, but I sold it to MR XYZ on 10/28/14. No, I haven't seen or heard from him since." can save you a lot of hassle. __________________ All else being equal (and it almost never is) bigger bullets tend to work better.

October 26, 2014, 02:14 PM	#11
mete Senior Member Join Date: June 14, 2004 Location: NY State Posts: 6,575	I knew a guy who sold a gun to someone he didn't know. Without paperwork.He then spent a full day with police and FBI learning about selling guns without paperwork - the buyer had used the gun in a crime . A little bit of caution can go a long way ! __________________ And Watson , bring your revolver !

October 26, 2014, 10:02 PM	#16
skizzums Senior Member Join Date: July 1, 2013 Location: Douglasville, Ga Posts: 4,615	just sell it. get paid with cash. skip the paperwork and sell w/o BOS which is YOUR LEGAL RIGHT! why take that away from ourselves? I sell em all the time face-to-face, no issues. __________________ My head is bloody, but unbowed