Is this a good firearm bill of sale?

Discussion in 'GSSF' started by toshbar, Feb 15, 2010.

  1. toshbar

    toshbar Timber Baron

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    <o:smarttagtype namespaceuri="urn:schemas-microsoft-com:eek:ffice:smarttags" name="place"></o:smarttagtype><o:smarttagtype namespaceuri="urn:schemas-microsoft-com:eek:ffice:smarttags" name="country-region"></o:smarttagtype><!--[if gte mso 9]><xml> <w:WordDocument> <w:View>Normal</w:View> <w:Zoom>0</w:Zoom> <w:punctuationKerning/> <w:ValidateAgainstSchemas/> <w:SaveIfXMLInvalid>false</w:SaveIfXMLInvalid> <w:IgnoreMixedContent>false</w:IgnoreMixedContent> <w:AlwaysShowPlaceholderText>false</w:AlwaysShowPlaceholderText> <w:Compatibility> <w:BreakWrappedTables/> <w:SnapToGridInCell/> <w:WrapTextWithPunct/> <w:UseAsianBreakRules/> <w:DontGrowAutofit/> </w:Compatibility> <w:BrowserLevel>MicrosoftInternetExplorer4</w:BrowserLevel> </w:WordDocument> </xml><![endif]--><!--[if gte mso 9]><xml> <w:LatentStyles DefLockedState="false" LatentStyleCount="156"> </w:LatentStyles> </xml><![endif]--><!--[if !mso]>******** classid="clsid:38481807-CA0E-42D2-BF39-B33AF135CC4D" id=ieooui></object> <style> st1\:*{behavior:url(#ieooui) } </style> <![endif]--><!--[if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin:0in; mso-para-margin-bottom:.0001pt; mso-pagination:widow-orphan; font-size:10.0pt; font-family:"Times New Roman"; mso-ansi-language:#0400; mso-fareast-language:#0400; mso-bidi-language:#0400;} </style> <![endif]-->
    Bill of Sale
    Transfer of Ownership

    For $______ received, I, (seller’s name here), have sold to (buyer's name here)
    One (1) ABC Model XYZ firearm description here, Serial # _____________
    Any other accessories here

    I represent that this ___________ is not stolen. I am the owner of the _______ listed above. If it can be shown now or in the future that this _______ was stolen prior to the date listed below, I will give the buyer a full refund for return of the _______ and all accessories listed above.

    Sold as is.
    No warranty is expressed or implied by the Seller.
    Seller assumes no responsibility after transfer of ownership has taken place.
    Seller assumes no responsibility of any/all aftermarket parts added to the ___________.
    Seller assumes no responsibility of any/all original equipment parts on the ________.
    Buyer assumes all responsibility when transfer of ownership has taken place.

    Seller specifically disclaims any warranties of merchantability or of fitness for a particular purpose of this ________ and disclaims all responsibility for consequential and/or incidental damages or any other losses arising from the use of said _________.

    Buyer agrees to the terms and conditions set forth and listed on this document, and acknowledges that he has received a true copy of this Bill of Sale/Transfer of Ownership and certifies that he is 21 years of age or older. Buyer acknowledges and understands that he will read the Owner’s Manual. Buyer agrees that it will be his responsibility when transfer of ownership has taken place to adjust, check, and follow all instructions as outlined in the Owner’s Manual. Buyer attests that he is not on probation, a convicted felon, has no pending felonious charges, and is otherwise able to legally buy and possess firearms.

    Buyer: Name Here
    Seller: Name Here

    Date:_________________________

    Buyer: _____________________________
    Address:____________________________
    Phone #: ____________________________
    <!--[if !supportLineBreakNewLine]-->
    <!--[endif]-->​
    Seller: ______________________________
    Address: ____________________________
    Phone #: ____________________________​
    <o:p> </o:p>
    <o:p> </o:p>
    <o:p> </o:p>
    <o:p> </o:p>
    <o:p> BACK OF PAGE:
    </o:p>

    <o:p> </o:p>
    <o:p> </o:p>
    <o:p> </o:p>
    <o:p> </o:p>
    Buyer certifies that they are not restricted or forbidden by law to own a firearm and buyer states that he/she:
    <o:p> </o:p>
    • Has NEVER been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year.
    • Is NOT a fugitive from justice.
    • Is NOT an unlawful user of or addicted to any controlled substance.
    • Has NEVER been adjudicated as a mental defective or has been committed to a mental institution.
    • Is NOT an alien illegally or unlawfully in the <st1:place w:st="on"><st1:country-region w:st="on">United states</st1:country-region></st1:place> or an alien admitted to the United states under a nonimmigrant visa.
    • Has NOT been discharged from the Armed Forces under dishonorable conditions.
    • Having been a citizen of the <st1:place w:st="on"><st1:country-region w:st="on">United states</st1:country-region></st1:place>, has NEVER renounced his or her citizenship.
    • Is NOT subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner.
    • Has NOT been convicted of a misdemeanor crime of domestic violence
    • CAN lawfully receive, possess, ship, or transport a firearm.
    • Is NOT a person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year.
    <o:p> </o:p>
    I truthfully state that I AM NOT a person who cannot legally buy, receive, and posses firearms and/or ammunition.
    <o:p> </o:p>
    <o:p> </o:p>
    Signature of Buyer _______________________________________Date _________________
    <o:p> </o:p>
    <o:p> </o:p>

    <o:p></o:p>

    <o:p></o:p>
    <o:p>Let me know what you guys think is good/bad/any revisions or ideas. I'm getting a good one to save and use for all future transactions.
    </o:p>
     
  2. 18jms

    18jms I love Guns

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    paperwork unless notarized means as much as no paper.
    Do you plan to have it norarized?

    Unless its required by law I dont bother with any paperwork when selling a firearm in a private transaction.
     

  3. faawrenchbndr

    faawrenchbndr CLM

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  4. mikeyU

    mikeyU

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    Bought quite a few guns from private parties, never filled anything out, would fell weird if somebody wanted me too and they weren't an ffl. Doesn't ask for anything to personal, then again I may not be a big fan of giving someone I dont know have my address, when they know I have firearms etc.
     
    Last edited: Feb 15, 2010
  5. boozer

    boozer

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    I have signed bills of sale similar to this with no problem. I would want a copy.

    I understand the whole "annonymous transaction" aspect, but when the ATF comes knocking saying they found the pistol I bought new from a dealer at a crime scene, I would like to have a bill of sale with a name on it, rather than " I sold it to some dude outside a gun show". If I bought it annonymously, I would sell it so.
     
  6. THplanes

    THplanes

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    I'll show you my DL to prove in state residency. My address and telephone number are none of your business. I've never sold a gun but have bought a number of guns in private sales. No one has ever ask for anything more than the ID check to verify residency. If someone want more than that, the sale is off.
     
    Last edited: Feb 15, 2010
  7. jj-guns

    jj-guns

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    While I personally feel that the above example is a bit... "much", I do agree that a paper trail is important to have.

    Something that says the buyer, the seller, the gun manufacturer / model, the serial number of said gun and the date. Signed by both parties.

    This is particularly important in cases such as mentioned above... Suppose for instance, I sell my HK USP to John Doe, he commits a crime with it the day after, the HK is found at the scenes and still has my Finger Prints on it and according to the paper trail it currently "belongs" to me (i.e. from the dealer to me). When the feds come knocking on my door I better have something that says where / when I sold the gun and who I sold it to, if not.... I could be in a hairy situation.

    Just makes since to me.
     
  8. Liquid

    Liquid

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    +1 i am not big on the ppw. i have no problem showing my dl and ccw but photo copies and signatures arent required in fl.
     
  9. mickdundie

    mickdundie

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    Covers everything I can think of and then some...Good Job!

    One thing I would include (gun shop guys told me this) get a scan copy of buyers DL

    That should do it.

    In fact I am taking notes from your 'Bill Of Sale':supergrin:

    Mick
     
  10. AZ Husker

    AZ Husker

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    Nope, no papers for me. That's why I buy used guns.
     
  11. toshbar

    toshbar Timber Baron

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    Suppose you buy a gun and no paperwork is done and the next day the seller reports it stolen?

    you would then have no proof that he knew you were taking ownership of the gun and that you paid him XX dollars for it.
     
  12. mad.gunsmith

    mad.gunsmith NRA and GSSF Life Member

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  13. toshbar

    toshbar Timber Baron

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    Also, If you sell a gun to a felon you've just become one yourself unless you can prove he told you otherwise. How are you going to prove he told you this unless he signs some sort of paper saying so?

    I bet all the naysayers here would not sell a car, boat, lawnmower, or anything else of value without a bill of sale, so why not a firearm? It is a way to cover yourself in case the person buying it from you does something stupid so it can't fall back on you. you having that bill of sale tells that after that date the gun is no longer your responsibility. and on the other side, if you are the buyer, it prevents the seller from claiming you stole it/owe him more money than was agreed on.
     
  14. JRWnTN

    JRWnTN

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    What does a notarization add to a a bill of sale? Does your state require every signed document to be notarized?
     
  15. vafish

    vafish

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    A bill of sale covers both of you a bit.

    As to needing it notarized, I've signed plenty of contracts that were fully enforceable without being notarized. Having it notarized would be better, but it's not needed.

    I've done sales both with and without a bill of sale.

    But I will say this, having had the ATF contact me to find out what I did with a gun that was found at the scene of a robbery and double homicide it was very nice feeling to be able to open the filing cabinet and say "I sold it to Mr. XYZ of....."
     
    Last edited: Feb 15, 2010
  16. CajunBass

    CajunBass

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    If you handed me that and told me to sign it, I'd tell you to keep the gun, I didn't want it that bad.

    The most I've ever done for someone is scribbled "I sold such and such to so and so on (date). He scribbled "I bought such and such from so and so on (date). I probably lost my copy before I got home.
     
  17. -gunut-

    -gunut-

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    If I do a bill of sale, it is I blank bought blank gun with serial number ###### on this date from blank.

    No way would I purchase a firearm from you if that were the form you wanted me to fill out.
     
  18. -gunut-

    -gunut-

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    BTW, why do they have to be 21??

    Most every state you only need to be 18 to purchase a pistol/rifle/shotgun through a private sale.
     
  19. JuneyBooney

    JuneyBooney

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    I normally have not signed anything but that looks fine if the guy will sign it. :upeyes:
     
  20. ssgt_acft_mech

    ssgt_acft_mech

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    I have a question relating to this somewhat. What if a firearm was purchased privately and you wanted to have it transfered via ATF to your name after owning per say 4 yrs. Will it raise eyebrows with the ATF?