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Firearm Sales Agreement. Does anyone have one? Or verbiage I could use?

14K views 45 replies 21 participants last post by  Tuica 
#1 ·
I am going to sell one of my handguns via private party today, I would like to set up a sales agreement, stating something to the fact that the person buying the item has provided government issued ID verifying they are of legal age and stating that they are legally capable of purchasing a firearm, I.E. no felonies etc. We will both sign and then my wife will notorize and a copy will be kept with me and one will be provided to the other party.

I dont want to transfer through an FFL as the item I am selling is not worth the hassle. All of the FFLs in the area have a significant fee. This is purely a CYA action on my behalf and to provide the other party with documentation regarding the sale. So if anyone has any verbiage I could use it would be great, or a sales agreement that they have used in the past.
 
#5 · (Edited)
It wasn't legal in NY but in SC I bought a few, I met a guy I knew from a gun forum in a parking lot and handed him money, he handed me the gun, same thing with a couple guns at a gun show.

Paperwork, we don't need no stinking paperwork

http://www.youtube.com/watch?v=nsdZKCh6RsU&feature=related
 
#7 ·
I met a guy I knew from a gun forum in a parking lot and handed him money, he handed me the gun, same thing with a couple guns at a gun show.

Paperwork, we don't need no stinking paperwork

QUOTE]

Exactly, the nanny state has rubbed off on us to where we do the paperwork when we don't have to.:biglaugh:
 
#6 ·
Here's what I did:

I, (my name), have sold my HK USPC .40 s&w serial number 26-xxxxxx to ( my friends name), driver's license #123-45-6789 on (date) for the sum of $xxx.

my printed name
my signature

his printed name
his signature

I didn't have to do that since i'm in VA, just for my records. I think it covered most of the bases.
 
#9 ·
I've done something similar when I do private party sales, but I added something about being able to legally own a firearm and a clause stating the purchaser would register the firearm within 72 hours (Clark County, Nevada requirement). Again, just for my records.

Robert
 
#12 ·
freedom is not free if you have to defend yourself in court because you sold a gun to some dumb ass. The paper work might help you in this type of situation. Do what you think is best.
 
#14 ·
I believe in following all the laws in my state, when I was in NY I did everything that was required by NY law, now I am in SC I do everything that is required by SC law.
 
#15 ·
I am doing it for my records because I don't want to sell to a felon and want to have record showing that they state they are not a felon and that they proved their are 21.

Plus its for the other parties records so if they get the gun taken away for any reason and then have the ability to get it back they can prove ownership. I know one time I was wrongfully accused of a crime and the PD took my AK47 and my Ruger P94. If I didnt have my receipts I would have been out of luck on getting them back because they require you prove proof of ownership here in Albuquerque.

If I wanted to just dispose of it to any individual criminal or not I would just drive down to whats called the War Zone here in Albuquerque and proposition the thugs on the street.

I'm not doing this because I am scared. I am doing this because I am responsible. I'm not doing this because I am brainwashed by the Brady Campaign. If I was that worried I would pay an outrageous FFL transfer fee and go that route.
 
#16 · (Edited)
I am not trying to give a hard time but after almost 60 years of living in NY state with their unconstitutional gun laws I am grateful to live in a free state and for the first time in my life I have been able to go to a gun show and buy a gun without paperwork and buy one from and also buy one FTF from a fellow gun forum member.

If someone at a gun show wanted me to give ID along with my name and address how do I know he won't used the information to find my house and steal all my guns.

While you may feel comfortable giving your name and address to a stranger, I don't

PS even if I just give my name it would not be hard to track me down, and if I showed my license it would not be hard to read the address while he looked at my name
 
#17 ·
silvercorvette hit the nail on the head.

2 cases-- you either keep a written record of the sale or you don't.

Case 1. You keep a written record and give the buyer a copy. The downside: You then become vulnerable to crooks who now have your name and know you have guns. The upside: If the gun is used in a crime, you give the cops your records.

Case 2. You don't keep a record. Downside: The gun gets used in a crime, and the law comes to you. You tell them you sold it, providing as much detail as your memory retained of the transaction. The cops may poke around a bit, but nothing will come of it. Upside: No one has your name or other details.

So, which is a greater threat? Your assessment of the risks will affect your course of action.

Hankster
 
#20 ·
I've always done a bill of sale when I've sold/bought guns privately. It is not required by my state, but I figure it's better to have it and not need it than need it and not have it. The same general reason why I carry a firearm too. Yes, it's a lousy way to have to think, but I won't put anything past a lawyer (civil or criminal) and since it takes essentially zero extra work to put one together, I see it as cheap insurance.
 
#27 · (Edited)
For me the issue is verification of the other party, plus retention of the gun's serial number. I carefully store all private gun sales info permanently.

A notary is a good thing here because if the gun is stolen from the buyers house and ends up at a crime scene, etc. Another witness is good, but courts/LEO's etc like the notary element because the notary record is traceable and verifiable.

For interstate sales, you can simply use the FFL data; that's what I do although I still retain all copies in perpetuity.

The odd's of anything bad happening after a gun sale are slight but it's smart to go the extra mile. Can save a lot of pain later in an unusual scenario.

Hope this is helpful.
 
#29 ·
your biggest problem is not criminal prosecution, it is getting sued by a shooting victim or his family who will allege you acted negligently by providing a weapon to a prohibited individual.

At least require a photocopy of the buyer's driver license with a signed statement that he asserts he is not prohibited by federal or state law from possessing a firearm. If he refuses, find another buyer, because he may not be what he seems. You don't need the kind of grief one bad decision can bring down on you.
 
#30 · (Edited)
I am a retired police officer from NY and I would refuse to give my name and address to a stranger. If I don't have my guns within reach or carring them they are kept in a safe. I am retired so I am usually at home in case someone tries to do a burgulary but I just do not like the idea of anyone knowing I have guns. If I buy a gun the seller is dishonest he will probably think I have more at home and decide to come back and steal my guns or other stuff.

I have had a PO box for over 20 years to prevent anyone from knowing where I live and I would rather back out on a deal and miss out on a gun I want than let any stranger know where I live
 
#32 ·
Then don't buy guns from strangers. The onus is on the guy currently in possession not to interface at a later date with your non-retired colleagues or some blood-sucking lawyer. More misery has been created by trying to make a few extra bucks than any other reason.
 
#33 ·
I don't understand what you are getting at with the statement "trying to make a few extra bucks"
All I am doing is enjoying the constitutional freedom to buy a gun at a gun show that was denied to me when I lived in NY.

I never said anything about making money buying and selling guns. I go to a gun show, see a gun I like and I buy it. No paperwork no hassles it's a simple as that. In free states people do it all the time hundreds of times a day.
 
#36 ·
I use a simple MS-Word generated sales slip template, allows you to give the quantity sold, item description, include serial number, buyers name addy and sellers name addy plus, near the bottom, I include Sold as is no returns just to cover all bases.
 
#40 ·
Sometimes I can't remember what day it is or what the year is of the car I drive, heck sometimes I go into a room and forget what I went there for. But if I set my mind to it I can remember numbers and addresses almost anything that I decide to put the effort to remember because I trained myself to do it a long time ago. If someone tells me their name I will quickly forget it unless I make a point to concentrate on it and make a point to not forget it
 
#42 ·
None of this sways me personally since I once had the opportunity to watch the workings of the Feds in a case with political overtones where they badly wanted a gun shop owner to roll on some professionals. They began to go over the customer bookings to find someone who had been around enough to have seen something to give them leverage. Then the threats began against anyone they thought they could use. If they couldn't find a Federal charge, they looked for a State violation (selling a pistol without getting the required permit or buying one under the same conditions.) Somebody else with criminal charges of his own was usually available to whisper in their ear for a deal. Local police were enlisted to back up the threat of any State charges.

My current low opinion of the Federal Government and its agents stems largely from what I saw being done to decent people who, like most of the posters on this thread, were indignant at the thought that anybody could stop them from buying and selling their "personal property." Be advised, government agents will ruin your life if it suits their purposes and sleep like babies afterwards.

If I seem overly cautious, so be it.
 
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