Bill of sale: yes or no?

[sovietak474u]

 

[captdave77]

 

[snake dr]

The next thing you know you'll have to register firearms as you do a motor vehicle. Folks will be whining about the title fees and transfer fees.
The Govt. didn't say you couldn't own a weapon, they just said that you will have a paper trail of ownership with fees attached.
Handgun title xfer fee = $200.00
semi auto = $150.00
pump = $100.00
breach = $50.00


If it's already too damn hot, quit throwing wood on the fire.

I agree.

For the first time about a year ago, a guy asked me to do a bill of sale when I bought a rifle from him. I said "no problem" and signed it and kept my own copy.....

Once I got to reading it, I decided it would be a good idea to do in the future when I sell something. It has pretty good language about the buyer being legally able to purchase and possess a firearm (i.e.-a state resident, and not a convicted felon.) I think that is important.

If it turns out that your gun gets into the wrong hands, you can always have that BOS to show the investigators that you did your due diligence and made an honest effort to determine that the buyer was representing to you that he was in the clear.

-As far as some people saying that this BOS would have no legal value, I strongly disagree. It is true that it doesn't need to be done, but something like this could be very valuable if your serial number somehow comes up in an investigation.

-I like the BOS idea. I will be doing them in the future. Don't care if it scares off some buyers. I would rather have a few people turn up their nose than leave my butt flapping in the wind with no good explanation of how my firearm wound up getting involved in something undesirable.

(Also, keep in mind that just selling to a convicted felon is a crime. If you have something in writing saying that the buyer was not a convicted felon-that sure as hell would be a lot better coverage than just going on someone's word.)

 

[snake dr]

Wrong. There is no law that requires you to "verify" anything.

Federal law only requires that you verify that the buyer is a resident of your state. If you sell to someone in another state, you simply ship the gun to their favorite dealer, who will complete the necessary NICS check and paperwork. A Bill of Sale is essentially worthless.

 

[Billrube]

I've said this a dozen times on here:

If you are so anal about CYA that you want to gather and keep peoples personal information, you should restrict your business to gun shops only. That way you can sleep at night with a clear conscience.

A BOS requirement is actually a statement that you are assuming the other person is a criminal. Guilty. No presumption of innocence.

 

[Patronus]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law

In order to be in compliance with the law regarding selling only to a resident of your state you MUST verify the persons residency. For non-residents you must ship the firearm to a licensee in the purchases state:

A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-transfer


As for selling to a convicted felon you are not legally required to do a background check, just

not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law

Nothing in the law requires a Bill of Sale. Nor does a Bill of Sale PROVE anything. I can meet you, get your name and fill out a BoS for a gun in your name, go out and kill someone with the gun and ditch it. Then if the cops ever come to me I can show them my BoS. Does that prove you are a murderer?

BoS=PoS

 

[captdave77]

Nothing in the law requires a Bill of Sale. Nor does a Bill of Sale PROVE anything. I can meet you, get your name and fill out a BoS for a gun in your name, go out and kill someone with the gun and ditch it. Then if the cops ever come to me I can show them my BoS. Does that prove you are a murderer?

BoS=PoS

If the police showed me a BOS for a gun connected to a murder with my name on it, I guess I would just plead guilty. There is no way I could beat ironclad evidence like that.

 

[Patronus]

If the police showed me a BOS for a gun connected to a murder with my name on it, I guess I would just plead guilty. There is no way I could beat ironclad evidence like that.

LOL!

 

[snake dr]

Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

No where does it state that any ID of any sort, it only states that you don't have

"reasonable cause to believe they are prohibited under federal law".

As someone stated once before "Everybody I meet is a potential threat"?

Do we have a psychologist in the house? Some of these folks need counseling. (for the paranoid schizophrenics)

How about an English major? Some of these folks could use some reading comprehension lessons.
I'm so glad I went to school before the Federal government got involved.

 

[Rick Terscale]

I used to be a BOS guy, but I have converted. It's useless for both sides so I decided that I wold rather sell a gun rather than alienate the majority of buyers.

It truly does not matter.