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Private Sale Documentation Question

Discussion in 'Smart Shopper' started by beekerc, Jul 16, 2003.

  1. beekerc

    beekerc

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    Forgive me if this something that should be obvious, but I've only had experience with purchasing guns retail from dealers and I have a question regarding private sales. I know that new/used purchases from dealers are recorded and records relating to names, makes and serial numbers are kept and available to ATF, FBI, etc. And I am aware that the same records are made and kept when interstate (FFL to FFL) tranactions are made. I also believe, please correct me if I'm wrong, that face-to-face sales between private citizens do note require any sort of documentation. My question/concern is this. Let's say that I sell a gun, which I purchased new from a dealer, to Joe Smith, and that gun is subsequently used in the commission of a crime, either by Joe or by someone who stole it from Joe. Now the only records that tie the gun (by serial number) to a name, is the record the dealer made when I bought it new, and regardless of whether the cops knock on my door, I become a part of the investigation. Of course, logic would dictate that I make a receipt of my sale to Joe, but is that good enough to prove that I had sold the gun to someone else prior to the commission of the crime? I mean, I doubt it would carry the same weight as something provided by an FFL. What options to I have to cover my butt?

    The obvious answers are sell it to a dealer or sell it on consignment, but I see giving up a good chunk of the purchase price in doing so.

    While personally, I'm not a fan of the government keeping tabs on every gun that i buy and own, I'm not against them knowing when I no longer own a gun and that anything that happens with it after I sell it is not within my control, because it belongs to someone else.

    Thanks
    BeekerC
     
  2. bubbygator

    bubbygator

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    If I were to privately sell a gun, I would require a photo ID, & would record the DL or CCW name & number for my private records. If the police showed-up, having this info should give credence to my record of the date of sale. (Actually, I wouldn't sell a handgun privately without the buyer having a CCW or FFL... just my choice.)
     

  3. striderglock

    striderglock HVACR

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    Years ago when I first got into guns I didn't keep track. But now I require a DL or CHL.
     
  4. DrugRunR

    DrugRunR

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    I personally don't keep ANY records of my private sales.
    I have only sold a couple of items and they were private sales to start with so there was no paperwork.
    I sold my glock model 22 last week, in order to buy a model 21 :).
    It was a private sale to a man in GA. I live in SC.
    He came to my house and picked the gun up and he paid cash.
    I just verified his age(gray hair means ya are over 21 most of the time) and that was it.

    Private sales all depend on your state.
    Here in SC no records are required.
    I have only sold one handgun ever and like I said it was last week.
     
  5. whiskerz

    whiskerz

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    drugrunr bad news private sales across state lines are a no-no ;P
     
  6. pizzaaguy

    pizzaaguy

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    I have sold two firearms privately.

    The purchaser signs a document saying he bought such-n-such pistol
    with serial number 1234556789 on this date from (my name here).

    Signed: (buyer signature)
    Witness: (my signature)

    I make a copy and he/she get's one, I file one.
     
  7. jasonfriesen

    jasonfriesen

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    Nothing happens to you because you have committed no crime. If you aren't legally required to transfer via an FFL or required by state law (CA does require private sales via an FFL) to permanently keep such information don't worry about it. Don't feel guilty exercising your constitutional rights but don't sell to a shady character either
     
  8. RenegadeGlocker

    RenegadeGlocker

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    Unless the guy you sell it to uses it to kill your wife, and leaves the gun at the scene, you have no explaining to do. This isn't CSI; guns are rarely traced. I keep no records of my sales, and would not provide said data to buy a gun in a private transfer.

    Keeping such records when not required, opens you up to a host of problems as it suggests you had doubts about the buyer and sold it anyway.
     
  9. CTSigLover

    CTSigLover Prime Minister

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    Bill of Sale for You,
    Receipt for the Buyer.

    Just like you were selling anything else from a snowblower to a PC.
    This is just common sense anytime money changes hands for merchandise.
    It is not as Renegade suggests because you had doubts about the buyer, it is simply a good idea to prevent misunderstandings down the road.