Do You Keep Records of Private Sales?

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What you quoted doesn't require that you ask anything from or of them.

Of course since they need to be a resident of your state it is in your best interest to verify, and I would NOT recommend that anybody assume, but the law doesn't say you have to ask them.

I'm not a lawyer though.

It is my understanding that at one time ATF liked to cruise guns shows in VA in around 2005 and attempt to purchase handguns from private sellers without showing proof of residence. If the person completed the transaction they were busted.

I remember seeing some alerts sent out by VCDL reminding members to always ask for proof of residence before completing a transaction.

While there is maybe no provision saying you have to I believe that not asking can have sever repercussion for a seller or buyer. I personally think as a buyer or a seller unless the person is a family member or close friend you are a fool not to ask to see and id. If someone refused it would be a major red flag for me.
 
It is my understanding that at one time ATF liked to cruise guns shows in VA in around 2005 and attempt to purchase handguns from private sellers without showing proof of residence. If the person completed the transaction they were busted.

What were they busted FOR? Were the ATF agents VA residents?
 
It is my understanding that at one time ATF liked to cruise guns shows in VA in around 2005 and attempt to purchase handguns from private sellers without showing proof of residence. If the person completed the transaction they were busted.

I bet you have been misinformed, or under informed as in some major details left out. I'd love to see the case, honestly that's the only way I'd believe that story.
 
NOT having paperwork of some sort is just asking for trouble. A seller hard up for cash can sell you several guns, then report them stolen to get the insurance $ - says he thinks you broke in and took them. When the cops show up with a search warrant and find you have his 6 pistols and rifles, have fun fighting that one in court... Or another scenario. Guy commits a murder, jumps on Craigslist to sell the gun off quickly. You snap up that low priced handgun unknowingly buying a murder weapon with no record of who/when it came from. Ten years later the ballistics are run for some reason and YOU are on the hook for the unsolved murder, with NO trace where the gun came from. Your memory and excuses won't help much.

Care to cite all of the times your imaginary scenarios have actually happened? If you want to truly prevent anything from happening, then you are buying a mountain top somewhere and never interacting with anyone ever again and living off the grid - which is just plain silly. You can not prevent things from happening any more than you can be absolutely certain you won't die today from SOMEthing.........
 
I wish I would have kept record of the gun & ser #, accessories, purchase price and sell or trade deal over the last 35 years of my gun addiction.
Some would bring a smile others no doubt a tear.
I didn't worry about who and now it doesn't matter since I'm in Colorado and everyone gets checked. I'm sure we will never have the wrong person get a hold of a gun from now on.
 
Just commenting on a few posts since yesterday.

1. Probable cause for criminal activity, search/seizure and arrest warrants are extremely easy to get for law enforcement. Costs them nothing, and costs the subject/suspect a LOT. For instance, I can 100% promise that if your finger prints were found on the gun at the scene of a murder, you'd be arrested and your property searched/seized (if there were no other obvious leads, and even if so, you'd still be interrogated about the gun).

Folks fail to recognize this. And also the fact that you're probably not going to talk your way out of it and it'll be a very expensive and risky experience, which could otherwise be cleared up with a receipt which you can immediately produce, documenting you complied with the law, viewed the person's ID, asked some questions, etc. Showing you made a reasonable attempt and kept a record is much better than showing you made zero attempt and kept no record - which appears lax and shady.

And while I cannot and won't cite the state law in all 50 states, how can you know or reasonably know a person's age and residency without an ID? Seems not looking at an ID is willful ignorance and a bad idea.

2. While I'm not inclined to do homework, I am keenly aware of various ATF stings of agents buying and selling firearms illegally. I've even personally showed up to sell a handgun and twice when checking the individual's ID he was a prohibited person and I did NOT sell it to him. Don't check ID at your own peril, but it's playing with fire. Here's some quick results from the internet, and given the F&F scandal it's clear that the ATF is deeply involved in shady gun activity. I'd hate to be the guy who sells a gun to a prohibited undercover ATF person because I didn't bother checking ID and asking a few questions. They are definitely out there looking for illegal gun sales and straw purchases, gun running, etc.
http://www.jsonline.com/watchdog/wa...-across-the-nation-b99146765z1-234916641.html

http://cnsnews.com/news/article/atf-sees-no-evidence-misconduct-gun-show-stings

http://www.foxnews.com/politics/2013/12/09/atf-reportedly-used-rogue-tactics-in-half-dozen-cities/
 
As to stings, in MY state, all I am required to do is use reasonable judgement that the person is a resident and ask if he is not a prohibited person. The burden of proof is NOT me if the gun is later used in a crime.

I have sold guns FTF in a McD's parking lot, bought them at flea markets as well as out of my garage to someone when I placed an ad on a state gun forum.
NEVER had issues, and do not get paranoid or lose sleep over those deals.

AGAIN, if you are trying to cover every scenario, buy that mountaintop I mentioned earlier or just do all your personal sales through a FFL - as long as YOU pay the unnecessary fees incurred to assuage your fears
 
I do not sell guns, but do buy quite a few used ones. As for a bill of sell, it is not a deal breaker, I prefer one. And yes, I have each one filed. Never rule out a gun being reported stolen by it's previous owner. Yea, a bill of sell is not much, but to me it is better than just my word!
 
Oneounceload: As to stings, in MY state, all I am required to do is use reasonable judgement that the person is a resident and ask if he is not a prohibited person. The burden of proof is NOT me if the gun is later used in a crime.

I have sold guns FTF in a McD's parking lot, bought them at flea markets as well as out of my garage to someone when I placed an ad on a state gun forum.
NEVER had issues, and do not get paranoid or lose sleep over those deals.

AGAIN, if you are trying to cover every scenario, buy that mountaintop I mentioned earlier or just do all your personal sales through a FFL - as long as YOU pay the unnecessary fees incurred to assuage your fears

Seems there's a disconnect. Your post implies that it is farfetched that a non-resident or a minor might try to buy a gun in the private sale market.... this is actually a relatively common scenario. To be clear, one isn't going to know whether a person is an otherwise prohibited person... but an ID gives 1) legal name, 2) age, 3) and state residence. Seems to me this is a good starting point... it often will also state whether a person has a current ID, whether he/she is a voter (non-felon), and if the ID is punched I would be suspicious.

It's not unreasonable or "paranoid" to want to look at someones' ID before selling him/her a gun. No need to suggest a person needs a tinfoil hat and a secluded mountain top fortress... Prohibited persons buy guns in private sales routinely. And sadly those are used in crimes, which really gives us law abiding owners a bad rap.

While a state may not expressly require looking at an ID, it seems quite clearly implied, otherwise how would one know if a stranger is who he says, and a resident? Just wondering how that conversation would go if having to explain it to the police if you don't look at someones' ID card and you sell that person a firearm...
 
^Second that notion. Florida requires no paperwork. Again, guns for money. Have a nice day and walk away. Over a dozen FTF transactions in 25+ years and never a problem.
 
I'm trying to find a post where not checking ID was encouraged. I think most, including myself, are stating that they verify age and residency and make a good faith effort to not knowingly sell to a prohibited person.
 
I'm trying to find a post where not checking ID was encouraged. I think most, including myself, are stating that they verify age and residency and make a good faith effort to not knowingly sell to a prohibited person.
I ask for state ID AND (voters registration OR CCP). That should be good enough IMHO.

Never rule out a gun being reported stolen by it's previous owner.

If it's truly a stolen or not, what good is a BOS going to do in that situation? If it's a scam by the "original" owner, I normally have phone records and some electronic correspondents (text messages, emails, photos of the firearm, forum post or ads that the firearm was for sale, etc) that a sale took place unless I'm buying from someone I know. I also do not believe that it's anywhere near a common occurrence that someone who is legally allowed to own a firearm in the first place goes about running scams like that.
 
guyfromohio said: I'm trying to find a post where not checking ID was encouraged. I think most, including myself, are stating that they verify age and residency and make a good faith effort to not knowingly sell to a prohibited person.

There have been a number of posts here that bluntly state to "trade cash for gun and be on your way."

Styx said: If it's truly a stolen or not, what good is a BOS going to do in that situation? If it's a scam by the "original" owner, I normally have phone records and some electronic correspondents (text messages, emails, photos of the firearm, forum post or ads that the firearm was for sale, etc) that a sale took place unless I'm buying from someone I know. I also do not believe that it's anywhere near a common occurrence that someone who is legally allowed to own a firearm in the first place goes about running scams like that.

I guess I'm unsure how it could be any more clear... a document signed by the seller on a date that predates or even post dates the period where he reports it stolen would be quite valuable if at a later date, in say 5 or 10 years or whatever, your gun turns up to be run on a check and comes up reported stolen from the seller you dealt with.

Could be a dozen malicious or accidental reasons... maybe he forgot he sold it, and is the victim of theft and simply reports them all stolen, including the one he sold you. Maybe he does it for insurance money. Perhaps he dies and his family finds a list of his serial numbers, finding the one you have missing from their list, and concludes it was stolen and reports it stolen. Unlimited reasons this could happen. With a serialized high theft item like a gun, it's prudent to have some records beyond a phone record.

Ever try to recall a phone record from a few years ago? Good luck. If you don't take measures to save those records, they are generally deleted and/or if you move companies they are gone or hard/costly to get. And try finding one unfamiliar phone number out of thousands spanning a few years... have fun with that exercise.

Or a document where the seller affirms the gun he's selling is legally his and not stolen... one piece of evidence affirming you were not intentionally purchasing stolen goods... a separate crime of knowingly receiving stolen goods. Your SAYING you didn't receive stolen goods won't be nearly as impactful as the seller having signed a document that states he was not selling you stolen goods, to help establish YOUR state of mind from a 3rd party.

Heck, even an email communication where you ask a few fundamental questions that establish it's a lawful purchase would go a long way to distance yourself from any allegations of knowing wrongdoing if years later there's some funny business and memories faded...
 
I'm trying to find a post where not checking ID was encouraged. I think most, including myself, are stating that they verify age and residency and make a good faith effort to not knowingly sell to a prohibited person.
You can find one just two posts above yours (#162).
 
There have been a number of posts here that bluntly state to "trade cash for gun and be on your way."



I guess I'm unsure how it could be any more clear... a document signed by the seller on a date that predates or even post dates the period where he reports it stolen would be quite valuable if at a later date, in say 5 or 10 years or whatever, your gun turns up to be run on a check and comes up reported stolen from the seller you dealt with.

Could be a dozen malicious or accidental reasons... maybe he forgot he sold it, and is the victim of theft and simply reports them all stolen, including the one he sold you. Maybe he does it for insurance money. Perhaps he dies and his family finds a list of his serial numbers, finding the one you have missing from their list, and concludes it was stolen and reports it stolen. Unlimited reasons this could happen. With a serialized high theft item like a gun, it's prudent to have some records beyond a phone record.

Ever try to recall a phone record from a few years ago? Good luck. If you don't take measures to save those records, they are generally deleted and/or if you move companies they are gone or hard/costly to get. And try finding one unfamiliar phone number out of thousands spanning a few years... have fun with that exercise.

Or a document where the seller affirms the gun he's selling is legally his and not stolen... one piece of evidence affirming you were not intentionally purchasing stolen goods... a separate crime of knowingly receiving stolen goods. Your SAYING you didn't receive stolen goods won't be nearly as impactful as the seller having signed a document that states he was not selling you stolen goods, to help establish YOUR state of mind from a 3rd party.

Heck, even an email communication where you ask a few fundamental questions that establish it's a lawful purchase would go a long way to distance yourself from any allegations of knowing wrongdoing if years later there's some funny business and memories faded...
There you go again with the "what ifs." What IF you sign a bill of sale on guns that were already stolen? Are you not still out of money and a gun? What IF I buy a gun from a FFL, and then get my partner in crime to sell the gun to you, and then I report it stolen 5-15 years later after he has passed away?

I guess FTF sales should be illegal now too huh? What IF a criminal robs you in the middle of the Walmart's parking while you're doing the FTF sale? What IF the person signing the document just recently became a prohibited person? What IF you lose the BOS? Why are you even doing FTF sales to begin with? If you're that paranoid, and with all that can possibly go wrong, why not have all your firearms transferred through a FFL? You won't have to worry about any of the aforementioned "what ifs."

Why do you even own a firearm in the first place? What IF a criminal kills you with your own gun? What IF you accidently shoot yourself? What IF a criminal breaks into your home, steals your gun, uses it to kill someone, and then plants it back into your home? What if a kid gets ahold of your gun? What IF you try and defend yourself with a gun, and accidentally kill an innocent bystander?

What IF my What IFs are just as possible of happening, but equally not as plausible? I can cite and link to reports where FTF gun sellers were robbed, legal gun owners were killed by their own firearms, children who got ahold of firearms were killed. Legal firearm owners guns were stolen, used in a crime, and later replaced, etc... What IF you can not backup ANY of your WHAT IFs with actual cases of FTF gun buyers being scammed or falsely accused and charged with stealing or knowingly buying stolen property?

Millions upon hundreds of millions of FTF sales and firearm estates have had to have transferred from one owner to another. Please cite the cases were the phenonium you eluded to actually ever happen, because otherwise, the cases you are making sound no different than the cases the antis are making for gun control and against FTF sales period. I'm guessing that all your concerns aren't based on statistics and actual cases, but instead on what makes you "feel" better. There's nothing wrong with the latter, but I wish you all would stop speaking about it as if it's an proven epidemic.

Enough with the "What ifs"; now cite statistics and actual cases. The only cases I've heard of where someone was charged with possession of a stolen firearm was when the person was a felon, there was proof that they knew it was stolen, and/or it was a tacked on charge to another crime. Otherwise, even with a signed BOS, you can not know if the gun you're purchasing is a 3rd, 4th, 5th hand stolen gun or not. Again, if you're that paranoid and the laws on the books aren't good enough for you, then always go through an FFL...
 
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Styx said: There you go again with the "what ifs." What IF you sign a bill of sale on guns that were already stolen? Are you not still out of money and a gun? What IF I buy a gun from a FFL, and then get my partner in crime to sell the gun to you, and then I report it stolen 5-15 years later after he has passed away?

I guess FTF sales should be illegal now too huh? What IF a criminal robs you in the middle of the Walmart's parking while you're doing the FTF sale? What IF the person signing the document just recently became a prohibited person? What IF you lose the BOS? Why are you even doing FTF sales to begin with? If you're that paranoid, and with all that can possibly go wrong, why not have all your firearms transferred through a FFL? You won't have to worry about any of the aforementioned "what ifs."

Why do you even own a firearm in the first place? What IF a criminal kills you with your own gun? What IF you accidently shoot yourself? What IF a criminal breaks into your home, steals your gun, uses it to kill someone, and then plants it back into your home? What if a kid gets ahold of your gun? What IF you try and defend yourself with a gun, and accidentally kill an innocent bystander?

What IF my What IFs are just as possible of happening, but equally not as plausible? I can cite and link to reports where FTF gun sellers were robbed, legal gun owners were killed by their own firearms, children who got ahold of firearms were killed. Legal firearm owners guns were stolen, used in a crime, and later replaced, etc... What IF you can not backup ANY of your WHAT IFs with actual cases of FTF gun buyers being scammed or falsely accused and charged with stealing or knowingly buying stolen property?

Millions upon hundreds of millions of FTF sales and firearm estates have had to have transferred from one owner to another. Please cite the cases were the phenonium you eluded to actually ever happen, because otherwise, the cases you are making sound no different than the cases the antis are making for gun control and against FTF sales period.

Enough with the "What ifs"; now cite statistics and actual cases. The only cases I've heard of where someone was charged with possession of a stolen firearm was when the person was a felon, there was proof that they knew it was stolen, and/or it was a tacked on charge to another crime.

Well here's a news flash... the irresponsible behavior of private sellers is probably causing the continued assault on private FTF gun sales we've enjoyed in the past. The anti-gunners read these websites and pay attention to the "loopholes" and see this irresponsible attitude and shut down private sales. Proof? Many states have shut down private sales and/or require them go through an FFL or get a state permit to sell/buy FTF - Colorado and Washington have recently done this, along with many others.

So, thumb your noses at showing some basic level of responsibilities, and make us all look like irresponsible gun owners... As they say, "One bad apple spoils the bunch." Just takes a few tools to use xyz gun in a legal or illegal way, and get negative press, and it's on the chopping block. We've seen this from time to time. I guess this just hits home because WA just passed a ban on FTF sales, requiring they go through an FFL. Really irks me.

You've asked for cases and stats, blah blah blah. In the end it doesn't matter. It's perception. "Assault Rifles" are rarely used in crime, high capacity magazines are logically no more dangerous, etc. But the anti-gunners don't care about logic, stats, or facts. It's feel good perception, and closing the "loophole" is their next big goal.

I'm about as pro gun as a person can be, but rights come with responsibilities and some of the attitudes on this thread are irresponsible (not looking at IDs, not recording and keeping even basic information, etc.).

The scenarios I've offered are quite realistic situations and practical considerations of checking credentials and keeping some basic records. Benefits everybody, including the 2nd Amendment from assaults of irresponsible gun ownership. Your scenarios are completely off-topic and frankly hyperbole nonsense... how does this conversation relate at all to using a gun in self defense and killing a bystander?? Or questioning gun ownership entirely?!?! Who even suggested such a thing here??
 
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Well here's a news flash... the irresponsible behavior of private sellers is probably causing the continued assault on private FTF gun sales we've enjoyed in the past. The anti-gunners read these websites and pay attention to the "loopholes" and see this irresponsible attitude and shut down private sales. Proof? Many states have shut down private sales and/or require them go through an FFL or get a state permit to sell/buy FTF - Colorado and Washington have recently done this, along with many others.

So, thumb your noses at showing some basic level of responsibilities, and make us all look like irresponsible gun owners...

What "responsibility?" My basic level of responsibility is to follow the law. Nice straw man by the way... News flash, anti-gunners will be against FTF sales REGARDLESS of the fact if were all complete BOS or not! They want background checks and government records of all parties involved. I've yet to hear even one anti-gunner say that they're against FTF sales because of private sellers weren't keeping private records. To them, the fact that we're doing FTF sales PERIOD is seen as not having a "basic level of responsibility." Matter of fact, to most of them, the fact that we even own a gun and have one in our home is seen as being irresponsible. Your entire argument is null and void.

I'm about as pro gun as a person can be, but rights come with responsibilities and some of the attitudes on this thread are irresponsible (not looking at IDs, not recording and keeping even basic information, etc.).

The attitude on this thread is taking the responsibility to follow the law. In this case, being "responsible" is subjective. I do not believe it's my responsibility to keep records of what guns I sold or what guns others have purchased. It's ONLY my responsibility to follow the law, and it's the buyer's responsibility to follow the law on their end. I do not what a complete stranger or the government keeping records of what guns I own, and I do not like the idea of not know who will view those records and what those records may or may not be used for in the future.

The scenarios I've offered are quite realistic situations and practical considerations of checking credentials and keeping some basic records.

Then stop dancing around my request, and cite statistics, facts, or a news reports proving your scenarios to be a real concern. I know you had to have looked so that you can shut me up. What were you able to find? Anything?
 
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Gun, serial number and date it left my protection.

Having worked in the domestic commercial nuclear industry for 32 years, I'm a fully indoctrinated copious record keeper. But, in my experience, there is such a thing as keeping too much [unnecessary] detail.
 
You've asked for cases and stats, blah blah blah. In the end it doesn't matter.
No that's exacty what does matter, you've been asked to back up your argument real life events and the fact is you can't.
So you say it doesn't matter, it's not "blah blah blah" it's someone who disagrees with you asking for FACTS.
You want to win me over? You can do that with FACTS.
 
FYI: In Colorado the state allows you to merely bring a utility bill with your name and address as proof that you are a resident to get a drivers license so I would assume that a piece of mail = valid identification. What a joke.....
 
FYI: In Colorado the state allows you to merely bring a utility bill with your name and address as proof that you are a resident to get a drivers license so I would assume that a piece of mail = valid identification. What a joke.....

You left out the part that they also require you to produce a document which proves who you are and your age....

https://www.colorado.gov/pacific/sites/default/files/DR2300.pdf

If you bring a utility bill into the CO DMV only and say please issue me a lic I doubt you will get very far. :eek:

Without a valid picture ID how is one to know that the utility bill you are showing me is yours?
 
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