I have a shotgun for sale and I want it out of my name if I sell it. FFL transfer the only way? Thanks.
Announcement
Collapse
No announcement yet.
Private sale transfer
Collapse
X
-
-
Originally posted by coker737 View PostThis and if you want do a Bill Of Sale
so to set the record straight... if you bought the gun new from a dealer , you filled out a yellow sheet (or whatever color .) the basic form you have to fill out when purchasing a gun.
that form stays with the FFL you bought this from and it's their responsibility to keep those records .
moving forward ... the gun gets sold x times and eventually ends up in a crime scene ...
the leo subpoena the manufacturer , who traces the serial # to a distributor , who also gets a subpoena and traces it to a shop who has your form .. and finds you as the original purchaser ...
at that time "if" you're a suspect in the case, they have proof you bought the gun.
if you're not , a leo may come by asking you if you may have a record of who you sold it to , but since no laws are officially requiring you ... the end..
now you sell the gun to a gun shop... they have to put it in their books , but as of now i do not believe that they automatically run a check on it to see if it's reported stolen or used in a crime..
also , there were rumors that they were trying to send a copy of all firearms transactions to local leo , so any dealer transfer would also be a cookie trail
I don't think that ever became law. (maybe some states do ???? unsure)
bottom line is I don't think all these government agencies ever synced up considering the massive undertaking this would require and still wouldn't address the undocumented person to person transactions...
for this to work , you'd need to start over and get everything put in to the system so it's actually accurate .. and that's over 300 million guns to force inventory people who don't want to do this to begin with...
not to mention $20 dremel from walmart and serial number is gone ....
in conclusion ... if you bought the gun new , and your dealer still exist and kept good records .. (no fire, loss etc..) theoretically if they put enough efforts to chase the cookie trail .. your name will be on the paperwork and there is nothing you can do to take it off ... you're the original purchaser period!
want to protect yourself an extra level and get the next guy's driver's license and bill of sale ... go for it , but if they sold it too and didn't keep records , it dies off there ...
i hope that better answers your question ...
I know at some point they were trying to start keeping records when calling in for instant background check but I think that was struck down.
also , if you have a LTC , that process never happens anyways... no background check takes place.
anyone please feel free to correct me if i misspoke.. i'm not an attorney nor an atf agent. not that they know the law themselves sometimes .. lol
Comment
-
Bill, if you filled out a 4473 on the gun you are basically tied to it no matter what...let's just say you sell it and it gets stolen & used in a homicide years later.
They (atf) will go to franchi who shipped to a distributor, who shipped it to dealer where you purchased...they will then ask you who you sold it to & it goes on from there. Doesn't matter if you used a dealer to transfer to a buyer as you are still a link in the chain.
Comment
-
Thanks for all the comments.
Originally posted by imyomama View Postyou don't want your name associated with it... so you do a bill of sale with your name on it.. lol that makes sense!
...
anyone please feel free to correct me if i misspoke.. i'm not an attorney nor an atf agent. not that they know the law themselves sometimes .. lol
And I read it all, thanks.
Originally posted by Artos View PostBill, if you filled out a 4473 on the gun you are basically tied to it no matter what...let's just say you sell it and it gets stolen & used in a homicide years later.
They (atf) will go to franchi who shipped to a distributor, who shipped it to dealer where you purchased...they will then ask you who you sold it to & it goes on from there. Doesn't matter if you used a dealer to transfer to a buyer as you are still a link in the chain.
Gotcha, Paul. Thanks. I think the cautiousness of getting older may be taking over but we still refuse to ride bikes with a helmet.
Comment
-
I make two copies of bill of sale. One for buyer, one for my records. Both parties sign each copy. B-O-S includes name, date, description and SN of item, and parties address. This gives the buyer more confidence, as well as my self. So that if it comes back to me somehow, I can direct Law Enforcement to the next source in getting a crime solved. Or if I somehow, without knowing, wind up with a crime related weapon, I can direct to the source. Thus, one more step in resolving a crime.
I also won't sell or buy from just anybody.
Edit: In doing this, if mine are ever stolen, I have records of SN and description of items for reporting.Last edited by Texas Grown; 01-27-2022, 08:57 PM.
Comment
Comment