How do YOU sell a handgun privately??

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SASS#23149

SASS#23149

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or eve a long gun?
My son has one to sell,and I advised him to get a signed bill of sale from the buyer in case the gun fell into the wrong hands.
I know a lot of us buy privately to avoid paper trails,but isn't really a 'paper trail' is it?
I advised him to not sell to someone who was unwilling to do this.He bought the gun new so it could come back on hm if it were used illegally.

what do ou all do,and what do you think?
 
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I like to know who I'm buying from if possible, but when I'm selling the only paperwork I need is green.
 
I've had the same thought. I manage to get a piece of paper if at all possible.
If not then wipe your prints and pocket the green.

If he/you are reall worried get an FFL to transfer it for you.
 
The "paper trail" people don't like is government records of firearm sales sitting in some filing cabinet.
If you sell something privately, bills of sale are a good idea. We make them for vehicle sales all the time. Something like "I (your name) am selling this (make, model, serial number) to (buyers name) on (date) for the amount of (dollar amount). I have no reason to believe the buyer is not prohibited from owning firearms. Have both people sign the document and make two copies in case the buyer wants one.
 
I am not a lawyer, my advise is just one persons opinion.

Only did it twice. In the first instance I had a detailed receipt with the guns serial number, model, make, caliber, finish, accessories, and purchase price on it. Both of us signed it, I lost it several years ago in a move.

In the second instance I was selling it back to the same friend that I bought it from. That time I didn't do any sort of paperwork. That being said, in both cases I was witness to background checks performed on the buyer prior to agreeing to sell the gun.

Really I'd consider asking a lawyer, although I'd imagine they will encourage as much documentation as possible. Remember that some gunshops will sell a gun on consignment. That will very likely relieve you of any liability due to the background check performed by the shop. Remember that many gunsmiths have an FFL. You might be able to give the buyer the reassurance of a safety inspection along with the background check!
 
FTF only.
Glance at CCW permit.
Accept cash.
Count cash.
Say goodbye.

It really doesn't have to be any harder than that, if you're in a state that respects private property rights (and the RKBA).
 
I use to figure "green" is the only receipt I need, but now I would check the guy against his DL and take a picture of it if I did not know him.

Might lose a sale, but I will sleep better at night. Its no more information than I would require on a vehicle sale and I feel its the responsible thing to do.

Guess I'm getting old.

PS. If they flash a CHL then I know they are not likely a felon and would not record the info.
 
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Follow your state laws.


Personally, I will give a stranger no information about myself and I don't care to know anything about the seller/buyer.

Think about it. If the person you are dealing with is a criminal any information you get from him will be worthless, but yet you have given them your name, address, whatever.

If I have any doubts about the sell/buyer I just don't do business with them.

This method has served me well for over 50 years of gun buying and selling to individuals.
 
Around here it goes like this.

Wanna buy a gun?

How much?

XXXXX

Ok.

count money

Hand over gun.

A couple of times I've given hand a written "bill of sale". I ......... sold ........ to ........ on (date) if they asked for one.

Haven't sold one in a long time.
 
When Im selling I ask them if they are legally able to own this firearm.

If they says yes, we exchange money and thats its.

If they say no then deals over....but its never happen.

No paperwork needed. Last gun I bought was from some guy on the internet. We met halfway on the road and exchanged, I have NO idea who the guy was and only knew his email address.....and that I didnt record so I dont remember it.
 
I ask to see ID that shows they are are a resident of my state. Once I see that the sale is to another resident of my state, it's a cash & carry deal.
 
amish bill

that is what I think we will do.very easy and no paperwork to kill the deal.

I maybe should have mentinoed the gun was bought new so if used unlawfully it 'could' come back to my son.Thus the desire for a bill of sale for us to hang onto.
 
Where I live state law requires that all hangun transfers be recorded through a dealer's book. Doesn't matter whether the buyer has a valid Handgun Permit or not, the transfer requirements for private sales are essentially the same as they are from a shop. In the case that the prospective buyer doesn't have a Permit, the seller must submit the required forms to the ISP and retain possession of the handgun until notified by ISP that the transfer is allowed/disallowed or the statutory seven business days have elapsed. While it isn't common for them to do it, should the seller be unable to produce that handgun for inspection on request from a local or state LEO during that period, it's the same class of felony as it would be for a dealer. Transferring a handgun without the required dealer paperwork, even if the buyer has a valid Permit, is illegal and can come back to bite you real hard in the heinie should that piece turn up in any sort of criminal investigation in the future. As was said, if the paper trail stops with you, you're 'It'.

Personally, I print up a standard bill-of-sale form and use that too, whether I'm buying or selling. And I won't sell a longarm to any stranger unless he can show me a valid Handgun Permit, just to 'C' my own favorite 'A'. I've got enough Karma to contend with as it is. The prospect of inadvertently tacking on a bigger load for the sake of a quick buck doesn't appeal to me much.
 
I don't know about the rest of you, but I want to know who I bought it from in case it turns out to have a 'record'.
And I want to know who I sold it to so I can point on down the line for the same reason. -Unless I'm really sure that the person I got it from has no idea who I am or how to track me down.-
 
Since handguns normally have a 10 day waiting period from a dealer in WA state, I will only sell privately face to face to other CPL holders who can waive that restriction. I give out a paper copy of my CPL & DL numbers, my address, and the serial number of the gun, and keep copies of the other party's CPL & DL numbers. With rifles face to face, nowadays I do the same minus the CPL number, although that's useful to have. If you're a current member of the Washington Arms Collectors here, they perform a background check on you once a year for membership renewal and that's enough for me at a show although now I'll still want DL ID and the number and give out the same.

The person buying from me is probably clean, but who it goes to after may not be unfortunately.

jm
 
I check for valid CPL , count cash or if I'm buying just hand over cash and present CPL if asked and by the time I turn around I've forgetten even their description . This is my standard mode of operation , worked really well during the Boeing layoff spree .
 
I simply check for a FOID card and get a signed bill of sale. The bill of sale is really just to protect my butt. Looks like this:

Bill of sale for:
Make
Model
Caliber
Serial #

I,the undersigned,declare that I am not legally prohibited from purchasing or possessing this firearm.


Name/Date
 
I usually require the two way receipt that you describe, usually.

If I do request it and the buyer refuses then I don't want to sell to him.
Personally I don't care if they have a permit of some type or are prohibited in some way I just want verification of their name for my records

I'm not the government so not wanting to be on a "government list" is not a valid reason.

That two way receipt has saved me once.
 
You're joking....right? People actually SELL some of their guns? ;)

Seriously, though, I'd just make sure that you're following all local and state laws. Personally, IF I were to EVER sell one of my guns, I'd want certain information for my own protection. I'd want a Driver's License matching the buyer, to make sure that he/she is a resident of my home state. I'd also want them to be in possesion of some kind of government issued firearms document ONLY FOR MY OWN PROTECTION and peace of mind. Don't flame me on this point. Something that showed background check. CCW, 01 FFL, 03 FFL, etc. It would make me sleep better...that's all. I would be totally against any government mandate of this for private person to person sales.

Remember. Just because something isn't mandated by law, you should still do things to protect yourself. Some things do have a way of coming back to bite us in the arse. I think they call it Murphy's law. And, in my experience, Mr. Murphy has it out for me most of the time... :cuss:

My own $.02. All the other posters here have equally valid points.
 
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For those of you that want to see a CHL, if they don't have one does that kill the deal? Is that just because of a state law that requires a waiting period for FTF sales as well that can be waived if they have a CHL? I'm not aware of any state that requires you to have a concealed handgun license to buy a handgun or long gun.
 
grimjaw,

Are you sure that the WAC does a background check with each year's renewal? Whenever I've renewed, it's only taken long enough for them to check my personal info in their database, and take my check. I think if you have a current FFL, or CCW, they figure that you're good to go.
 
Only time I ever sold one. . .met the guy at McDonald's, handed him the 1911, he handed me the cash. We parted ways.


I actually get annoyed when people say the seller should check CCW, drivers license, birth certificate, get a bill of sale, go through a FFL, whatever. I have no legal obligation to do so, I have *zero* reason to think the buyer isn't legit, and it is in no way my business.

I guess if your state has laws about selling then it is up to you whether to follow those are not. . .Oklahoma does not.
 
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