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I am going to be selling my 9mm handgun and I was wondering what kind of documentation I should have of the sale for my protection further down the line. Thank you for your time and information.

ARe you going to be posting it for sale on the forum? If so, let us know.

I don't think you have to complete any paperwork, but someone here will confirm that.

I have a friend who used to own a gun shop, and subsequently has a lot of guns. He sells some every now and again, mostly FTF. His rule is that the buyer bring a valid Texas Driver's License at time of purchase. He'll write down the DL# and keep it in his records. I think this is a good policy to follow. If a gun is ever used in a crime down the line and traced to him, he can refer the LEOs to his records and the DL# of the buyer.

If a gun is ever used in a crime down the line and traced to him, he can refer the LEOs to his records and the DL# of the buyer.

Isn't that a form of gun registration? Are guns we buy from a FFL actually traced back to us? I thought records were destroyed after 24 hours.

The "Book" is kept forever I was told...

When you fill out the 4473 at the dealer, it remains at the dealer as long as he is in business.

When a dealer goes out of business, the firearms bound book and the 4473's are shipped to the ATF.

A firearms trace starts at the factory, who tells ATF which distributor they sold it to, who tells ATF which dealer they sold it to.

They visit the dealer and find the name of the original purchases.

They contact the person on the 4473 and if you no longer have it, you explain that you sold it.

This is where it comes in handy to have the ID of the person you sold it to.

O6nop wrote:I thought records were destroyed after 24 hours.

Only the record of the NICS check.

Oh
Thanks for the info.

I thought something was burned after 3 years too, not sure which though.

Just FYI, the 4473s are retained by the dealer for 20 years. If he goes out of business or doesn't renew the license, he has to send his records to ATF. If he sells the business, the buyer must get his own FFL, but can continue using the seller's records.

http://www.atf.gov/firearms/faq/faq2.htm#c6

C6) Must a licensed importer’s, manufacturer’s, or dealer’s records be surrendered to ATF if the licensee discontinues business? [Back]

If the business is being discontinued completely, the licensed dealer, manufacturer or importer is required, within 30 days, to forward the business records to the following address:

BUREAU OF ATF
ATF OUT-OF-BUSINESS RECORDS CENTER
244 NEEDY ROAD
MARTINSBURG, WV 24501

Failure to surrender required records is a felony and could result in the licensee being fined up to $250,000, imprisoned up to 5 years, or both. A licensee discontinuing business also must notify the Federal Firearms Licensing Center within 30 days.

If someone is taking over the business, the original licensee should underline the final entry in each bound book, note the date of transfer, and forward all records and forms to the successor (who must apply for and receive his or her own license before lawfully engaging in business) or forward the records and forms to the ATF Out-of-Business Records Center. If the successor licensee receives records and forms from the original licensee, the successor licensee may choose to forward these records and forms to the ATF Out-of-Business Record Center.

[18 U. S. C. 923(g)(4), 22 CFR 478.57, 27 CFR 478.127]



(C7) What records am I required to forward to ATF upon discontinuance of my business?[Back]

The records consist of the licensee's bound acquisition/disposition (A/D) records, ATF Forms 4473, ATF Forms 3310.4 (Report of Multiple Sale or Other Disposition of Pistols and Revolvers), ATF Forms 3310.11 (Federal Firearms Licensee Theft/Loss Report), records of transactions in semiautomatic assault weapons, records of importation (ATF Forms 6 and 6A), and law enforcement certification letters. If the licensee was granted a variance to use a computerized record-keeping system, the licensee is required to provide a complete printout of the entire A/D records.

[27 CFR 478.127]

What happens if "the book" is destroyed in say a fire, or a Natural Disaster (Hurricane)? hrmmmm????

I guess the ATF would really lose it.

It's been known to happen, both legitimately and... "under questionable circumstances".

O6nop wrote:

If a gun is ever used in a crime down the line and traced to him, he can refer the LEOs to his records and the DL# of the buyer.

Isn't that a form of gun registration? Are guns we buy from a FFL actually traced back to us? I thought records were destroyed after 24 hours.

I sold a Python FTF in San Diego, CA in 1974. In 1982, the ATF came knocking on my door in Alexandria, VA wanting to see that same Python (which had been used in the commission of a felony in 1981).

I'm afraid that we're never going to be safe from Big Brother.

mhtx62 wrote:I am going to be selling my 9mm handgun and I was wondering what kind of documentation I should have of the sale for my protection further down the line. Thank you for your time and information.

I sent you an email.