Why wouldn't you want to do a bill of sale?

[captdave77]

A BoS makes you feel all warm and safe doesn't it?

 

[Retread]

I bet Riker got a BOS for his pearl handled nickle plated phaser!
Personally, I think they have probably figured out everyone posting here is a certified gun nut.
And when Obama care takes hold, they will probably list hearing loss as a mental illness requiring disarmament.

 

[No2sc2]

Title says it all and so did everyone else.

 

[randomreader]

Is a written contract required to enter into a rental relationship between a land owner and a renter? No, but we all know that it is a damn good idea to have one.

Is a receipt proof of purchase? Does it have to be notarized? Why don't gun stores employ notaries?

Luke

A receipt doesn't have to be notarized, because there is a hearsay exception for records of regularly conducted business, which a receipt is.

I spent a few months learning most of these objections, but can't remember them now. You could object to a bill of sale based on hearsay, obviously. I believe there's some objections about accuracy, too, given that most serious documents have a witness signature to verify their accuracy.

A private bill of sale is not a record of regularly conducted business, unless you're a licensed dealer. It's private. Also, keep in mind that documents are regularly forged, a fact that does not escape lawyers or jurors. You try to present a standard bill of sale somewhere, you think a cop will automatically think it's solid? You take it to trial, nothing stops the defendant from looking at the BOS and saying, "WTF is this? I have no clue what it is." Your lawyer, in a civil case, can't tell him what it is, that's opposing counsel testifying for the witness. Nor in a criminal case. Then it's one word against another.

 

[Tony2X]

A receipt doesn't have to be notarized, because there is a hearsay exception for records of regularly conducted business, which a receipt is.

I spent a few months learning most of these objections, but can't remember them now. You could object to a bill of sale based on hearsay, obviously. I believe there's some objections about accuracy, too, given that most serious documents have a witness signature to verify their accuracy.

A private bill of sale is not a record of regularly conducted business, unless you're a licensed dealer. It's private. Also, keep in mind that documents are regularly forged, a fact that does not escape lawyers or jurors. You try to present a standard bill of sale somewhere, you think a cop will automatically think it's solid? You take it to trial, nothing stops the defendant from looking at the BOS and saying, "WTF is this? I have no clue what it is." Your lawyer, in a civil case, can't tell him what it is, that's opposing counsel testifying for the witness. Nor in a criminal case. Then it's one word against another.

The lawyer can ask and then prove that is his/her signature.

 

[captdave77]

The lawyer can ask and then prove that is his/her signature.

Maybe

 

[DaveTheMinion]

If a receipt makes you feel warm and fuzzy, go ahead. But putting drivers licenses, addresses, and personal info that can be used for bad causes are bull ****. That's why people hate bills of sale, because others want way too much information.

 

[No2sc2]

I'll need you and your wifes social security number also. Just making sure you're who you say you are. Thanks.

 

[Luke]

A receipt doesn't have to be notarized, because there is a hearsay exception for records of regularly conducted business, which a receipt is.

I spent a few months learning most of these objections, but can't remember them now. You could object to a bill of sale based on hearsay, obviously. I believe there's some objections about accuracy, too, given that most serious documents have a witness signature to verify their accuracy.

A private bill of sale is not a record of regularly conducted business, unless you're a licensed dealer. It's private. Also, keep in mind that documents are regularly forged, a fact that does not escape lawyers or jurors. You try to present a standard bill of sale somewhere, you think a cop will automatically think it's solid? You take it to trial, nothing stops the defendant from looking at the BOS and saying, "WTF is this? I have no clue what it is." Your lawyer, in a civil case, can't tell him what it is, that's opposing counsel testifying for the witness. Nor in a criminal case. Then it's one word against another.

Thanks for attempting to clear that up. As I have stated, I have never pushed the bill of sell thing. To me, having a solid trail to give the police would be more valuable than a bill of sale, but I do suppose that if you had a bill of sale with supporting documentation then it would be pretty damning.

The truly safe way to do a transaction would be to video tape it.

Luke

 

[Vandal Savage]

Not reading the 22 pages of replies but because BOS are pointless. They hold no weight in court and you're kidding yourself if you think they will. Plus there are way too many loopholes to them. If you want a "real" BOS then we can go to a FFL. I don't mind just a signature, but as far as giving someone my license number, address, telephone number, GWL number, and whatever else the buyer is looking for then forget it. I'll find the gun somewhere else and would rather pay more than let someone know where my family and I sleep at night or have my identity possibly stolen.