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  #1  
Old 07-14-2009, 11:35 AM
SISUltra SISUltra is offline
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Firearm Sales Agreement. Does anyone have one? Or verbiage I could use?




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.
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  #2  
Old 07-14-2009, 11:37 AM
Heretical45 Heretical45 is offline
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Is that legal in your state? I know when you want to purchase a handgun from a private party, you have to get a purchasing permit to do it, at least in Michigan anyway.
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  #3  
Old 07-14-2009, 11:49 AM
vincennes1897 vincennes1897 is offline
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Quote:
Originally Posted by Heretical45 View Post
Is that legal in your state? I know when you want to purchase a handgun from a private party, you have to get a purchasing permit to do it, at least in Michigan anyway.
Yeah, this depends on the state. What state are you from?

Either way, see if this is what you're looking for:

http://xavierthoughts.blogspot.com/2...l-of-sale.html
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  #4  
Old 07-14-2009, 12:07 PM
SISUltra SISUltra is offline
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Yes in NM private party is legal. Thats why we have such great gun shows


Thanks Vince.
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  #5  
Old 07-14-2009, 12:46 PM
silvercorvette silvercorvette is offline
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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=nsdZK...eature=related
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Last edited by silvercorvette; 07-14-2009 at 12:54 PM.
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  #6  
Old 07-14-2009, 01:04 PM
7east 7east is offline
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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.
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  #7  
Old 07-14-2009, 01:11 PM
BillD BillD is offline
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[QUOTE=silvercorvette;2259872]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.
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  #8  
Old 07-14-2009, 01:20 PM
silvercorvette silvercorvette is offline
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[QUOTE=BillD;2259902]
Quote:
Originally Posted by silvercorvette View Post
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.
I may have been born a yankee but I have always had a good old boy attitude, with a southern heart and mind.

Why would anyone need or want paperwork, I never give it a thought when I sell a used electric drill, so why should I need it when I sell or buy a gun, you people are all brain washed by the Brady bunch, what about those dangerous knifes do you worry about paperwork when you buy them?
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  #9  
Old 07-14-2009, 01:49 PM
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thearmedrebel thearmedrebel is offline
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Quote:
Originally Posted by 7east View Post
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.
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
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  #10  
Old 07-14-2009, 02:11 PM
ABC3 ABC3 is offline
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SISUltra;

I have one I made up with just the basic information on it, just incase it gets in trouble down the road. I'll email to you if you want. (Enjoying the belt?)

Let me know about the contract.
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  #11  
Old 07-14-2009, 02:13 PM
BlueSkyJaunte BlueSkyJaunte is offline
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+1 on the no-paper work and no formalities.

Well, Husker and I did shake hands, but that was the extent of it.
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  #12  
Old 07-14-2009, 02:20 PM
goldmatch45 goldmatch45 is offline
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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.
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  #13  
Old 07-14-2009, 02:32 PM
BillD BillD is offline
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Originally Posted by goldmatch45 View Post
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.
Why in hell would you have to defend yourself in court?
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  #14  
Old 07-14-2009, 02:33 PM
silvercorvette silvercorvette is offline
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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.
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  #15  
Old 07-14-2009, 02:34 PM
SISUltra SISUltra is offline
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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.
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  #16  
Old 07-14-2009, 02:44 PM
silvercorvette silvercorvette is offline
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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
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Last edited by silvercorvette; 07-14-2009 at 02:47 PM.
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  #17  
Old 07-14-2009, 03:08 PM
hankster hankster is offline
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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
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  #18  
Old 07-14-2009, 04:02 PM
goldmatch45 goldmatch45 is offline
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Originally Posted by BillD View Post
Why in hell would you have to defend yourself in court?
Lawyers. They some times do unreasonable things. You have to pay to defend yourself or get a public defender.
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Old 07-14-2009, 04:07 PM
BillD BillD is offline
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Originally Posted by goldmatch45 View Post
Lawyers. They some times do unreasonable things. You have to pay to defend yourself or get a public defender.
In my state, you don't break any laws by selling someone a gun and not getting their name.

What are they gonna arrest me for? Selling personal possessions?
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  #20  
Old 07-14-2009, 04:19 PM
WhoIsJohnGalt WhoIsJohnGalt is offline
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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.
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  #21  
Old 07-14-2009, 04:46 PM
SISUltra SISUltra is offline
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Quote:
Originally Posted by silvercorvette View Post
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

The purchaser is not a stranger.
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  #22  
Old 07-14-2009, 05:23 PM
goldmatch45 goldmatch45 is offline
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Originally Posted by BillD View Post
In my state, you don't break any laws by selling someone a gun and not getting their name.

What are they gonna arrest me for? Selling personal possessions?
you don't have to get arrested to get sued. you do have to defend yourself and unless your are a lawyer it will cost you.
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Old 07-14-2009, 07:36 PM
WalterGC WalterGC is offline
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Originally Posted by Heretical45 View Post
Is that legal in your state? I know when you want to purchase a handgun from a private party, you have to get a purchasing permit to do it, at least in Michigan anyway.
It's legal in most states. Michigan has only recently warmed up to gun owners. Another 100 years, and it'll be like one of the states in the Old South.
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  #24  
Old 07-14-2009, 08:10 PM
eljay45 eljay45 is offline
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Originally Posted by goldmatch45 View Post
you don't have to get arrested to get sued. you do have to defend yourself and unless your are a lawyer it will cost you.

So he'll get sued for selling his personal possesions.


If your state requires no paper work for private sales why would you do it? Your hand written bill of sale simply proves you have a hand written bill of sale. I assure you if you sell a gun that is used in a crime the PD is not going to just look at your bill of sale and say this guy is Ok. They also will not throw you in jail just because a gun that you used to own was used in a crime. Follow your state laws, nothing more, nothing less.


ETA; I would never give my personal info to someone I didn't know and wouldn't ask them to give me theirs. If I were that concerned I'd pay the money to go through a dealer.
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Last edited by eljay45; 07-14-2009 at 08:14 PM.
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  #25  
Old 07-14-2009, 11:10 PM
Jeffro135 Jeffro135 is offline
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SISUltra,
If you will PM me your email address, I have a good form that is in "Word Format" that you can just fill in the blanks and print out. I drafted it and it is a very comprehensive form.
Best regards, Jeffro
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