For all the huff and puff on gun forums about "muh Second Amendment rights", "There shouldn't be an FBI NICS" or "ATF is a rogue agency"........yet in this thread we see several members asking something of a buyer that IS NOT REQUIRED BY FEDERAL LAW (or most states). Now, if your state has a law requiring a background check or a bill of sale, etc on a private party transaction...thats your fault for continuing to live there.
As nonlicensees, you have FREEDOM under federal law to buy/sell/trade firearms with residents of your own state that you have no reason to believe are otherwise prohibited from possessing a firearm. No documentation needed. No background check required. Enjoy that freedom.
Things to be aware of:
1. A "bill of sale" may give the buyer some degree of comfort, believing it proves "ownership".....it doesn't. Someone sells a stolen gun and provides the unsuspecting buyer a BoS.....it's still a stolen gun. It's a record of a transaction, a receipt of sale. Unlike WalMart, there ain't nobody gonna check your receipt at the door.
2. A bill of sale signed by the buyer that the seller keeps? What the heck does that prove?
3. Leery of the seller being a nonresident or a prohibited person? Then maybe you shouldn't be selling face to face to begin with.
4. Scared of buying a stolen gun? Then NEVER buy any used firearm. There is no way for a dealer to verify the used firearms he sells. New, straight from the factory? Yes. But not used guns.
5. Law enforcement will not care one bit about your homemade bill of sale and what you think it might prove.
6. As a buyer, If you are stopped, the officer runs the serial#, it comes back stolen....you ain't getting the gun back. You may be arrested or detained during the investigation and your bill of sale will not help until trial.
7. As a seller, the bill of sale proves what? That you sold a gun to someone. Okay. Suppose that buyer then went and committed a murder five minutes later and during the investigation the gun is recovered and traced to you. You show the officer a bill of sale signed by the buyer....how does that "protect" you? It doesn't. If LE wants to arrest or detain you during the investigation that bill of sale can't stop that.
8."A 4473 registers the gun to the buyer". No it doesn't, it never has. There is no "gun registration" federally or in the majority of states. The Form 4473 is a Firearm Transaction Record between a licensed gun dealer and the buyer....says so right at the top of the form. If you live in Free America you can sell/gift/trade that gun ten minutes after leaving the gun store AND THE GOVERNMENT ISN"T REQUIRED TO KNOW. Now, make a regular habit of that and you'll likely be violating other laws that prohibit engaging in the business of dealing in firearms without a license and you wind up like these numbskulls:
https://www.dallasnews.com/news/cou...firearms-at-area-gun-shows-without-a-license/ which leads to....
9. Engaging in the business. The repetitive buying and selling of fireams. Wanna get on ATF's radar? Then print up business cards, make a habit of buying and selling guns, giving out bill of sales, receipts, or other document with your name on it and that looks a lot like business documentation. The nonlicensee that used to have the table across from me at Dallas Market Hall had better signage than me....and no FFL. While the three guys above were charged with violations of federal law, ATF can make your life difficult without the US Attorneys Office actually filing charges.
10. Identity theft and worse. This is the best reason to never let a stranger see, much less record the information on your drivers license. Most folks selling a gun are decent, law abiding people....but their kids might not be and there are plenty of scum selling stolen guns on Armslist, Craigslist, gun shows or the street. So the seller demands to see your drivers license so he can write down your info? You willingly provide your home address and birth date, your DL#....all valuable to someone who can use your ID for their criminal purposes. OOOOOOHHHH.....the best part? It gives the seller YOUR HOME ADDRESS....you know, where you likely have other guns. While the seller may be honest, that doesn't mean his brother, his kids or anyone else that see that bill of sale is just as honest and upstanding. Again, how does the bill of sale protect or "cover your backside"?
Paranoia. We don't need any more paranoia. Enjoy the freedom we have now.