• ODT Gun Show & Swap Meet - May 4, 2024! - Click here for info

Thoughts on "Bill Of Sale" Firearms Trades/ Purchases

Status
Not open for further replies.
Asking a real estate attorney about federal firearms statutes is like asking a podiatrist for a lung transplant. Yes they are both doctors, but their areas of expertise are quite different.
 
In my business I have an Attorney on retainer.. I had to call him anyway to have him finish a property deal for me so while I was at it I asked him about this and what to do. He is also a firearms enthusiast and he buys and trades as well.. He still uses GON so I told him about this site.

By Monday he'll have me the information that I need to be protected in my dealings. Time stamped photos (ensuring they depict the serial #) matching a logbook was his biggest bit of info for me today in regard to quantifying dates of transactions. When I asked him about BOS trading being "worthless" and his response was "It shows intent to do business properly, which is generally well accepted".

That said, I have him also working to see how many transactions one enthusiast can carry out in a given amount of time without being considered "an illegal dealer". With ignorance being no excuse in the eyes of the law, I want to know exactly what laws govern my fetish for swapping firearms.

While I enjoy coming to this site and looking over things, I don't spend as much time here as I used to spend on GON, but in my GON days. I will share with you what I know. There is no set number of transactions that make one a dealer, unlike with cars and such. One can buy and trade for hobby, but not to make a profit and that is not to say that a profit can't be made on something, but if it is determined that you by the agents of the BATFE that you are profiting enough to be engaging in the "business" of then you will be in trouble.

There was a legend over on GON some years ago about a fellow that kept excellent records. Dates of purchases, purchase amounts, from where purchased, makes models and serial numbers and he also tracked his sells, to be sure to cover his behind. As the legend goes, he had purchased a weapon new, and of course filled out the ATF form, later he sold that weapon and later it was used in a crime and traced back to him by the ATF form. Officers showed up at his door to question him about it and he was happy to help them. He retrieved his handy dandy notebook of transaction and turned it over to them to proved that he had transferred the weapon by means of private sale and was no longer the owner. They thanked him by arresting him for dealing firearms and used his own handy dandy notebook against him. Some of the long term members may remember more details about it than I, but I would be cautious about how I handled record keeping.

I don't know what the big worry is all about. Before anyone carries out a deal, they should have already exchanged emails and talked on the phone. You have emails, you have phone numbers, you have probably exchanged pics. When you meet, unless they came on the bus, you have the make, model and color of the car, maybe even a tag number if you are inclined to jot it down. All this is ten times better of a document trail, than a BOS.

Luke
 
If he could tell you that, he would be the first. I highly doubt anyone not specializing in federal firearms criminal law is going to give you a specific number and I doubt any attorney with experience in that area would give an answer either.

Laws like that are written with a certain amount of ambiguity.
One member of this law group does have a background in BATFE type law, they have represented at least one firearms manufacturer in the recent past. As for a specific number, referencing some cases with a similar storyline can give a decent idea of "whats too many".

As for my name, number and address none of that ever bothers me because even if I wanted to I'd never be able to hide.. Too many articles with my name on them, too many google pages and etc. In fact the person who I attempted to deal with yesterday came to my office at my business and sat across from me at my desk. I truly had nothing to hide and didn't care what he knew about me.

There are two types of people in this world.. Those who expect a problem and prepare for it and those who assume that they'll never have a problem and will just deal with it if it happens. I tend to lean toward the former- its just the way I operate.

I can see that a logbook could end up being a negative. I guess I am a bit over the top, but I am really not worried about anything because I know that I am trying to do the right thing and I feel that if anything ever happens that will be appreciated by a judge or jury of my peers if a worst case scenario did unfold.
 
I don't worry much about anonymity because I drive around with my name plastered on my truck. My cell number is at the bottom of all of my posts. I don't do BoS because I won't voluntarily participate in gun control.

I will do my job and law enforcement can do their's. It is not my job to help track a firearm. If they ask, I tell them I sold it. If they want to know to whom I sold it, they can subpoena my email and ODT records.
 
While I enjoy coming to this site and looking over things, I don't spend as much time here as I used to spend on GON, but in my GON days. I will share with you what I know. There is no set number of transactions that make one a dealer, unlike with cars and such. One can buy and trade for hobby, but not to make a profit and that is not to say that a profit can't be made on something, but if it is determined that you by the agents of the BATFE that you are profiting enough to be engaging in the "business" of then you will be in trouble.

There was a legend over on GON some years ago about a fellow that kept excellent records. Dates of purchases, purchase amounts, from where purchased, makes models and serial numbers and he also tracked his sells, to be sure to cover his behind. As the legend goes, he had purchased a weapon new, and of course filled out the ATF form, later he sold that weapon and later it was used in a crime and traced back to him by the ATF form. Officers showed up at his door to question him about it and he was happy to help them. He retrieved his handy dandy notebook of transaction and turned it over to them to proved that he had transferred the weapon by means of private sale and was no longer the owner. They thanked him by arresting him for dealing firearms and used his own handy dandy notebook against him. Some of the long term members may remember more details about it than I, but I would be cautious about how I handled record keeping.

I don't know what the big worry is all about. Before anyone carries out a deal, they should have already exchanged emails and talked on the phone. You have emails, you have phone numbers, you have probably exchanged pics. When you meet, unless they came on the bus, you have the make, model and color of the car, maybe even a tag number if you are inclined to jot it down. All this is ten times better of a document trail, than a BOS.

Luke

Would selling a shotgun with an MSRP of $750 for $2,000 qualify as selling for profit?
 
Quick question. Very quick, and I RESPECT your opinion.

Have you ever sold a car to an individual? And if so, did you have a BOS?
 
Quick question. Very quick, and I RESPECT your opinion.

Have you ever sold a car to an individual? And if so, did you have a BOS?
Yes, I didn't get a bill of sale though. I signed the title over, which the state requires. Try getting a tag for a car with no title, and see how easy it is with that bill of sale... You still need a title :)
 
Quick question. Very quick, and I RESPECT your opinion.

Have you ever sold a car to an individual? And if so, did you have a BOS?

Dozens upon dozens for me and in Georgia for vehicles older than 1988 a BOS is all thats needed for a new owner to register a car- No title required~
 
Status
Not open for further replies.
Back
Top Bottom