Firearms Bill of Sale

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02-07-2011, 08:01
freqlord

Firearms Bill of Sale

So over the year I've gotten my buddy interested in buying my sister's Taurus PT140. Needless to say, he got sent back early (we're deployed) and he wants to go pick it up. I've already gotten a copy of the bill of sale sent to my sister for this and now we've hit a snag.

The guy is a Nebraska resident, stationed in Colorado. How do we make this simple? If I'm not mistaken, since he is a resident of another state, I cannot legally transfer the pistol to him without going through an FFL holder.
Am I right? I just want to be sure before I go thru with this sale.

Thanks!
02-07-2011, 08:17
DeusExMachina

You have to go through an FFL. You can go in person.
02-07-2011, 08:43
Scanker19

Even if he has valid orders stationing him here in CO? I'm often wondered this as well living in a Military town its bound to come up at least once.
02-07-2011, 09:02
Great-Kazoo

with the correct documentation (someone here knows what the term is) he can purchase any handgun while stationed here. PROVIDING it is not one prohibited in his state
02-07-2011, 09:47
Byte Stryke

So long as both persons are legal residents of Colorado the sale can go Through.
If Either or Both Persons are Military and stationed in CO Its acceptable.
02-07-2011, 11:02
DeusExMachina

I missed the stationed part. There was a similar thread recently.
02-07-2011, 11:31
Irving

What does the Bill of Sale have to do with the situation though?
02-07-2011, 11:40
Aloha_Shooter

The bill of sale is not a legal requirement although a good idea to protect both sides of a transaction.

What you have to have to keep everything legal is proof of residency (e.g., CO driver's license) -- BUT his military ID to show current active duty status and a copy of his PCS orders showing he is stationed here in Colorado meets the legal requirement. You (or she) don't even have to keep a copy of his orders, just see them to verify authenticity.
02-07-2011, 12:02
ldmaster

Protect both sides from WHAT?

The ATF does a trace forward, they show up at your door and you tell them you sold it to John Doe. End of story.

Again, protect from WHAT?

lawsuits will happen REGARDLESS of a bill of sale, especially if the person you sold the weapon to used it illegally, again regardless of a bill of sale.

In face, it shows that you DID sell it to a person, and did you do a background check? Let a lawyer get ahold of that one in court.

It protects against exactly nothing, and provides some false sense of safety from government prosecution or civil lawsuit.

Here's the ATF rule...

If you are an ACTIVE DUTY member of the armed forces, or NG assigned to active duty you can purchase a firearm in your home "state of residence" (the one you declare for tax purchases) OR in the state to which you have been assigned via PCS orders (permanent change of station)

if you are in transit, or TDY or TAD you cannot purchase in the state you are in.
02-07-2011, 16:38
SA Friday

"Uh, oh ya, I sold that to some guy on line. what's his name.... Something like '2nd amendment guy'. Can't remember his name. It was like 5 years ago."

Or

"I don't own that pistol anymore. I sold it 5 years ago. I don't remember his name, but I wrote it down along with his drivers license number when I checked it to see if he was over 21. I'll go get that info for you."

I've done thousands of interviews. I know which one is going to end in thanks and which one ends in a back seat ride.

He wants to do a bill of sale, good on him.

check his PCS orders like advised and you should be fine.
02-07-2011, 19:37
Byte Stryke

Quote:

Originally Posted by SA Friday

"Uh, oh ya, I sold that to some guy on line. what's his name.... Something like '2nd amendment guy'. Can't remember his name. It was like 5 years ago."

Or

"I don't own that pistol anymore. I sold it 5 years ago. I don't remember his name, but I wrote it down along with his drivers license number when I checked it to see if he was over 21. I'll go get that info for you."

I've done thousands of interviews. I know which one is going to end in thanks and which one ends in a back seat ride.

He wants to do a bill of sale, good on him.

check his PCS orders like advised and you should be fine.

I Sold it in a private party sale.
Who'd I Sell it to? I am not required to get a bill of sale nor am I required to maintain records of private party sales.
Those are for FFL Holders.

but thanks and have a great day.
02-07-2011, 22:29
ldmaster

No, no, NO!!!

you forgot that you are supposed to answer all questions put to you by any person in authority!! Your rights are totally abrogated upon the needs of the "people"!

Bad sheep!
02-08-2011, 00:17
Irving

I wasn't trying to start this argument. What I meant to ask was, "Is the wording on the Bill of Sale going to change because he is not a resident of this state?"

Sorry to confuse and rile.
02-08-2011, 00:51
SA Friday

Quote:

Originally Posted by ldmaster

you forgot that you are supposed to answer all questions put to you by any person in authority!! Your rights are totally abrogated upon the needs of the "people"!

Bad sheep!

I don't mind answering questions when its appropriate. I'm very familiar with the law and the ramifications of the various aspects of an investigation and any proceeding criminal and civil trials. I've been through a couple hundred or so. Play it however you feel is right for you. Just don't bash anyone for doing a BOS because you think it's the right way.

sheep, wow, you really don't know me at all.
02-08-2011, 05:19
freqlord

I appreciate it guys. He and I are both stationed out of Ft. Carson for the last three years, but I think I'm just going to transfer this through an FFL. I'd rather be safe than sorry. He gets out here in a couple months, and I'm not due back in the states until the time he goes on ETS leave. He can hang out until I get back!
02-08-2011, 06:33
Jumpstart

Quote:

Originally Posted by Byte Stryke

I Sold it in a private party sale.
Who'd I Sell it to? I am not required to get a bill of sale nor am I required to maintain records of private party sales.
Those are for FFL Holders.

but thanks and have a great day.

yep. Let's keep it simple, private and Constitutional. A BOS is NOT required and it shouldn't be cultivated that it is required imho. Some would say paperwork on guns is dangerous.
02-08-2011, 06:40
MrPrena

It will be very hard to remember any transction 5years ago.
I can probably look it up on my email, and give them their name,email, and phone number (if available).

If it is disconnected, they can goto the telecommunication company and find it themselves.
02-08-2011, 06:56
Jumpstart

Quote:

Originally Posted by MrPrena

It will be very hard to remember any transction 5years ago.
I can probably look it up on my email, and give them their name,email, and phone number (if available).

If it is disconnected, they can goto the telecommunication company and find it themselves.

"They" and "them" sound kind of suspect to me. [Twist]
02-08-2011, 11:30
Byte Stryke

Quote:

Originally Posted by freqlord

I appreciate it guys. He and I are both stationed out of Ft. Carson for the last three years, but I think I'm just going to transfer this through an FFL. I'd rather be safe than sorry. He gets out here in a couple months, and I'm not due back in the states until the time he goes on ETS leave. He can hang out until I get back!

If you really want to create allot of paperwork Get a copy of His Orders, your Orders, and Create a Bill of Sale.

Save your money and hassle of an FFL Transfer unless you really want to go through BCI and potentially an idiot that doesn't know the rules regarding Military persons and firearms sales/ownership