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  • Moonpie

    Omnipotent Potentate for hire.
    Lifetime Member
    Rating - 100%
    21   0   0
    Oct 4, 2013
    24,384
    96
    Gunz are icky.
    That sure would be a short one....

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    Hboy35

    Member
    Rating - 0%
    0   0   0
    Oct 30, 2017
    92
    11
    College Station
    I dont have a problem signing a bill of sale. I dont require one when I sell, but I do ask to see a Tx DL or LTC though. Why, you ask? A long time ago when I was a kid, my dad bought a ruger 357 single action from a FFL. It was blued and dad finally sold it and bought a stainless model. A year or so later, two detectives show up at the door, asking dad about the revolver. Apparently, the guy he sold it to shot a cop with it. Cops got the gun, ran the serial number, and linked it to dad. Dad had to go testify in court as to who he sold it to. There was no paperwork, so it was his word. Guy went to prison.

    Buying and selling without a paper trail is fine, most times. It is just those very small number of times that it isnt fine, that really matter.
     

    justashooter

    Member
    Rating - 0%
    0   0   0
    Feb 21, 2013
    111
    11
    Despite most of the sentiment here legally speaking a BOS with photo IDs of both parties is not a bad idea. It protects the seller if the buyer does something nefarious with the gun and it is traced back to the seller. It protects the buyer if the seller after the transfer reports the gun as stolen. The second case actually happened to me once. One more thing...those of you criticizing the person selling this for requiring BOS certainly have the right to not buy the gun, just as the person selling it certainly has the right to require the BOS. Ain't the USA great?
     

    Shady

    The One And Only
    Rating - 0%
    0   0   0
    Aug 24, 2013
    4,695
    96
    You should go read the old posts on BOS There has never been a case reported where a BOS has saved someone yet there are several cases it ended up with the seller in jail due to the BOS and if there was no BOS chances are they would have not been charged.

    So ya USA is great but just because you can do something does not mean you should.
     

    Axxe55

    Retiretgtshit stirrer
    Rating - 0%
    0   0   0
    Dec 15, 2019
    47,216
    96
    Lost in East Texas Elhart Texas
    Despite most of the sentiment here legally speaking a BOS with photo IDs of both parties is not a bad idea. It protects the seller if the buyer does something nefarious with the gun and it is traced back to the seller. It protects the buyer if the seller after the transfer reports the gun as stolen. The second case actually happened to me once. One more thing...those of you criticizing the person selling this for requiring BOS certainly have the right to not buy the gun, just as the person selling it certainly has the right to require the BOS. Ain't the USA great?

    Actually from a legal viewpoint, unless the BOS has been officially notarized, legally it's essentially worthless.
    How would anyone prove when the BOS was written? And exactly by whom?

    I would suggest that, if this is of such a concern about it coming back to haunt you, a person could insist on going through an FFL dealer for the transfer. No surprises then.

    Personally, if I were to sell any firearms, I put them on consignment at my gun dealer. Two reasons why. One, they can do the paperwork, and two, people go to a gun store to look at guns to buy.

    I agree, it's the seller's option to require a BOS if that is their preference, but it should be stipulated upfront that the seller requires one.
     

    justashooter

    Member
    Rating - 0%
    0   0   0
    Feb 21, 2013
    111
    11
    "NEVER?" Let me be the first then. In 2015 I bought a Colt Python from in individual for $1750.00. I bought it because I knew I could sell it for far more. I had a BOS. In fact it was I the buyer who insisted on it. Some months later I consigned the gun to my trusted FFL to sell. In the meantime the POS who sold it to me reported it as stolen. So when it sold I got a call from the FFL. Because I was able to easily prove I had legally purchased it the matter was quickly resolved...at least for me. The POS was charged with falsely reporting a crime, and insurance fraud.
     

    justashooter

    Member
    Rating - 0%
    0   0   0
    Feb 21, 2013
    111
    11
    Actually from a legal viewpoint, unless the BOS has been officially notarized, legally it's essentially worthless.
    How would anyone prove when the BOS was written? And exactly by whom?

    I would suggest that, if this is of such a concern about it coming back to haunt you, a person could insist on going through an FFL dealer for the transfer. No surprises then.

    Personally, if I were to sell any firearms, I put them on consignment at my gun dealer. Two reasons why. One, they can do the paperwork, and two, people go to a gun store to look at guns to buy.

    I agree, it's the seller's option to require a BOS if that is their preference, but it should be stipulated upfront that the seller requires one.
    Agreed the notarizing or the FFL route is more safe, but my personal experience having a BOS with photo IDs, and I took a picture of it which established a date saved me a lot of headaches.
     

    CyberWolf

    Active Member
    Rating - 0%
    0   0   0
    Aug 22, 2018
    711
    76
    US
    Actually from a legal viewpoint, unless the BOS has been officially notarized, legally it's essentially worthless.
    ....
    How would anyone prove when the BOS was written? And exactly by whom?

    My (non-lawyer) understanding is that even notarized it may be worthless (as a defense; however, some of what I've seen would seem to directly support use for prosecution as an unlicensed dealer).

    Some light reading and a good reference (with multiple sections that appear relevant to this topic):
    https://www.law.cornell.edu/rules/fre
     

    cwo4uscgret

    Member
    Rating - 100%
    1   0   0
    Feb 8, 2017
    107
    11
    near the Alamo
    I've never asked for a buyer to sign a Bill of Sale when I sell a gun face to face or as a private seller at a gun show.

    The bottom line - I am responsible for who I sell one of my guns to. I will look at your ID; write your name down as buying a particular gun from me on that date. If I don't feel comfortable selling you one of my guns - I will not sell it to you. Only twice have I not sold a gun to someone; at a Gun Show in Michigan - State Law there says I don't even need a reason to not sell it to someone; the other time at a San Antonio Gun Show where all show someone kept trying to beat me down on the price of a .22 LR rifle. Just before the show ended for the day I watched him hand his buddy some money and point at my table. Sure enough his friend walked up to me and said he wanted to buy the rifle. Sorry I said but what you are asking me to do is help you and your friend break the law. The Show Security (Bexar County Deputies) had been watching them - one of the deputies walked up and asking me what just transpired; and then escorted the two out the door!
     

    jkingrph

    Member
    Rating - 0%
    0   0   0
    Jul 5, 2008
    74
    11
    Jacksonville, Tx, W.Monroe, La
    I traded for one at a gunshow recently, gave the guy cash my gun and took his. Some years before I found a unique double barrel shotgun a Charlin, French made similar to a Darne. Dealer did not know what it was and was asking too much. I went home and did some research, contacted him with all my info and got it for less than half his asking price and he brought it to me, cash transaction, no paperwork, he did not even know where to find the hidden serial number. I bought several Swedish Mausers and one Turkish Mauser at guns shows, all the "dealers " said were private collection, so no paperwork
     

    Shady

    The One And Only
    Rating - 0%
    0   0   0
    Aug 24, 2013
    4,695
    96
    "NEVER?" Let me be the first then. In 2015 I bought a Colt Python from in individual for $1750.00. I bought it because I knew I could sell it for far more. I had a BOS. In fact it was I the buyer who insisted on it. Some months later I consigned the gun to my trusted FFL to sell. In the meantime the POS who sold it to me reported it as stolen. So when it sold I got a call from the FFL. Because I was able to easily prove I had legally purchased it the matter was quickly resolved...at least for me. The POS was charged with falsely reporting a crime, and insurance fraud.

    Cool story bro.
     
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