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Selling a gun. What info should I collect as proof of sale?

Posted: Wed Jul 07, 2010 9:40 am
by Scott in Houston
I'm selling a Glock to another individual. I want to make sure I have proper documentation in case down the line I have to prove I sold it.

What will pass as proof?
BTW, the buyer is a CHL.

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 9:43 am
by AEA
Nothing is actually required.

If it will make you feel better, you can ask for the person's drivers license and or CHL and write down the numbers off it.

Only real problem is if you sell to someone you know is a Felon or otherwise not eligible to own a handgun. If the buyer is a CHL there is a pretty good chance that he/she is eligible to purchase a handgun (at least they were when they received their CHL).

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 11:01 am
by aaangel
you don't have to but i usually use this just incase and yes i feel much better selling to a fellow CHL'er,

http://texasguntrader.com/billofsale.pdf" onclick="window.open(this.href);return false;

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 11:04 am
by SenileDavid
Personally, I would have an FFL transfer the purchase. This way there is documentation of the transaction and the buyer would need to pass the FBI NICS background check.

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 11:15 am
by Pete92FS
can2boy wrote:you don't have to but i usually use this just incase and yes i feel much better selling to a fellow CHL'er,

http://texasguntrader.com/billofsale.pdf" onclick="window.open(this.href);return false;
:iagree: I've used the same form when I sold a pistol. It's not necessary but it helps cover your rear and if the buyer is on the "up & up" he shouldn't have a problem either.

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 11:51 am
by Scott in Houston
That bill of sale doc is great! Thanks!

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 12:16 pm
by pbwalker
I don't require anything. If you have a TX DL, just show me you have it and we're good. All this other stuff is unnecessary IMO...

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 12:57 pm
by A-R
Pete92FS wrote:
can2boy wrote:you don't have to but i usually use this just incase and yes i feel much better selling to a fellow CHL'er,

http://texasguntrader.com/billofsale.pdf" onclick="window.open(this.href);return false;
:iagree: I've used the same form when I sold a pistol. It's not necessary but it helps cover your rear and if the buyer is on the "up & up" he shouldn't have a problem either.
I use a similar form for same reason. It's just a bit of "insurance" for both sides that neither side is participating in (and thus possibly making other side an accessory after the fact? IANAL) to anything criminal.

If later the police come knocking on your door saying your gun was used in a crime or was possessed by someone prohibited from possessing a gun, then you simply show them the form signed by the person to whom you sold it.

If you're the buyer, and the gun is later reported stolen, you simply show the bill of sale that you purchased it legally to the best of your knowledge. You'll probably still lose possession of the gun (again, IANAL just guessing) but at least your hassles will/should end there.

Some folks don't appreciate you writing down their TDL or CHL number, so my practice is to at a minimum require that they allow me to view the licenses to ensure they are Texas citizens with a Texas address (in so much as the licenses themselves can prove such things). If they don't want me to write down the license numbers, I at least insist they let me write down their full names and addresses and that they sign and date the document.

I've never had anyone object to these requirements to complete a sale. Most are happy to do so and often say "thanks, I meant to bring a form but forgot" or "that's a great idea, I need to use one of these next time I make a sale"

The fact that the bill of sale is just between you and them and not a "gubmint form" seems to ease the minds of even our more tinfoil-hatted brethren :skep:

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 4:30 pm
by RPB
I'd meet to sell it in a Kwik Copy parking lot and require he put his face on a copy machine. :biggrinjester:
No, seriously, I've only sold to people I know well, or to police officers, or one guy who flashed his CHL at me not long enough to read any of it, but long enough to see he had one... but I didn't require he do that, I just asked if he had one, and he flashed me..
I like that bill of sale posted above though ....

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 5:23 pm
by Rex B
pbwalker wrote:I don't require anything. If you have a TX DL, just show me you have it and we're good. All this other stuff is unnecessary IMO...
:iagree:

If they have a CHL, show it to me and I'm happy.

But if you or the other party insist on a bill of sale, make two copies, one for each of you, and tell the buyer ahead of time.
I bought a gun last year and the seller showed up with a form for me to sign, but would not give me a copy. The gun turned out to be junk, so maybe there's a lesson there. Should have passed on it.

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 6:31 pm
by mrvmax
The ATF does not have any requirements as long as you are not an FFL. I never asked for anything, as long as they looked legit (as in above 21, not drugged up etc.) I never cared. I've sold several guns FTF and never had a problem. As long as you do not suspect them to be ineligible to purchase a firearm you really do not need to worry.

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 6:58 pm
by OldCannon
Show me your CHL and that's good enough for me. Personally, I would neither ask a person to sign a bill of sale nor would I do it myself. It's a private sale and thank God it's still a privilege to engage in such transactions WITHOUT some kind of paper trail or government snooping. On the other hand, I wouldn't sell a gun privately to anybody who didn't have a current CHL*, those are just my rules. To each their own.

*Yes, I know it's _possible_ for a felon to have a current CHL, but let's face it, somebody that has bad intentions would likely go at length to conceal their background anyway.

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 8:13 pm
by amber
G192627 wrote:I'm selling a Glock to another individual. I want to make sure I have proper documentation in case down the line I have to prove I sold it.

What will pass as proof?
A bill of sale can be faked. Videotape the transaction.

.

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 8:19 pm
by flb_78
SenileDavid wrote:Personally, I would have an FFL transfer the purchase. This way there is documentation of the transaction and the buyer would need to pass the FBI NICS background check.
Why? If the buyer has a CHL, they have already passed a more rigorous background check then any FFL can do.

Re: Selling a gun. What info should I collect as proof of sa

Posted: Wed Jul 07, 2010 8:36 pm
by RPB
amber wrote:
G192627 wrote:I'm selling a Glock to another individual. I want to make sure I have proper documentation in case down the line I have to prove I sold it.

What will pass as proof?
A bill of sale can be faked. Videotape the transaction.

.
ID cards can be faked too ...

besides videotaping, require a DNA sample :lol::