Documenting Transfer of Ownership

[Mudinyeri]

I was referred here from another forum for a question about transfer of ownership for guns. I'm aware of the permit, registration, etc. requirements for my city, county and state but, for the life of me, cannot find any definitive information related to documenting the transfer of ownership of guns in Nebraska.

The scenario: I have a buddy who wants to trade me two guns for some parts for his truck. One is a rifle. The other is a sub-compact pistol. I have the necessary handgun permit to make the transfer legal. I really don't want the pistol and plan to trade it or sell it and want to make sure that I have adequate documentation to do so. I plan to keep the rifle so I'm less concerned about that but you never know ....

Anyone have any good resources that they can point me to? Is it as simple as a Bill of Sale?

Thanks for the help for a newbie.

 

[Mudinyeri]

Replying to my own question .... :laugh:

I found this form online: Link Removed

It seems to cover the basics. Assuming both the buyer and seller retain copies it should clear up most questions.

Thoughts?

 

[CharlieW]

Form

Probably a good idea. The form is a little heavy on the legalese, but seems to cover all the bases. Where I live in Kansas, a resident may sell directly to a resident, as long as the purchaser is 21 years old, and not a felon (the seller should have no reason to believe that the purchaser is a felon). What I have been counselled to do is keep track of the serial numbers of guns sold, in case they are ever the subject of an investigaion, and traced back to the previous owner (me)

 

[wolfhunter]

This may be useful:
View attachment 515

 

[NavyLCDR]

Probably a good idea. The form is a little heavy on the legalese, but seems to cover all the bases. Where I live in Kansas, a resident may sell directly to a resident, as long as the purchaser is 21 years old

In Kansas the age limit is 18 not 21.

Link Removed

21-4203. Criminal disposal of firearms. (a) Criminal disposal of firearms is knowingly:

(1) Selling, giving or otherwise transferring any firearm with a barrel less than 12 inches long to any person under 18 years of age;

(2) selling, giving or otherwise transferring any firearms to any person who is both addicted to and an unlawful user of a controlled substance;

(3) selling, giving or otherwise transferring any firearm to any person who, within the preceding five years, has been convicted of a felony, other than those specified in subsection (b), under the laws of this or any other jurisdiction or has been released from imprisonment for a felony and was found not to have been in possession of a firearm at the time of the commission of the offense;

(4) selling, giving or otherwise transferring any firearm to any person who, within the preceding 10 years, has been convicted of a felony to which this subsection applies, but was not found to have been in the possession of a firearm at the time of the commission of the offense, or has been released from imprisonment for such a crime, and has not had the conviction of such crime expunged or been pardoned for such crime;

(5) selling, giving or otherwise transferring any firearm to any person who has been convicted of a felony under the laws of this or any other jurisdiction and was found to have been in possession of a firearm at the time of the commission of the offense; or

(6) selling, giving or otherwise transferring any firearm to any person who is or has been a mentally ill person subject to involuntary commitment for care and treatment, as defined in K.S.A. 59-2946, and amendments thereto, or a person with an alcohol or substance abuse problem subject to involuntary commitment for care and treatment as defined in K.S.A. 59-29b46, and amendments thereto, and such person has not received a certificate of restoration pursuant to K.S.A. 2009 Supp. 75-7c26, and amendments thereto.

(b) Subsection (a)(4) shall apply to a felony under K.S.A. 21-3401, 21-3402, 21-3403, 21-3404, 21-3410, 21-3411, 21-3414, 21-3415, 21-3419, 21-3420, 21-3421, 21-3427, 21-3442, 21-3502, 21-3506, 21-3518, 21-3716, K.S.A. 2009 Supp. 21-36a05 or 21-36a06, and amendments thereto, or a crime under a law of another jurisdiction which is substantially the same as such felony.

(c) Criminal disposal of firearms is a class A nonperson misdemeanor.

 

[Red Hat]

I'm sorry, I'm not signing anything to buy a firearm from another individual! I live in a state that doesn't require such nonsense. As long as they are a resident of SC that's all that's required. I saw a firearm on a forum that I would like to have. They live in my area, however they want a copy of the buyers DL in order to sell the firearm. No way I'm giving someone a copy of my DL. That's not even required by federal law. Basically if there are no requirements then just make the transaction and if there are some just meet the minimum requirements...

 

[wolfhunter]

RedHat, I agree with you. I keep that blank Bill of Sale on file just because SOME people in forums want a record of where they bought a gun. When I first found this form, the poster had used it in Ohio so that he had a record for his own file that the guns were legally purchased from an individual.

 

[kudzu]

I'm sorry, I'm not signing anything to buy a firearm from another individual! I live in a state that doesn't require such nonsense. As long as they are a resident of SC that's all that's required. I saw a firearm on a forum that I would like to have. They live in my area, however they want a copy of the buyers DL in order to sell the firearm. No way I'm giving someone a copy of my DL. That's not even required by federal law. Basically if there are no requirements then just make the transaction and if there are some just meet the minimum requirements...

I am a resident of the same state you are and agree with your position in theory, but as a practical matter would not sell a gun to anyone without knowing and documenting, for MY benefit, who they are. A copy of their SCDL seems a reasonable way to to that. Similarlly, I provide the same to the buyer.

My position on this may arise from a situation in which a close relative found himself when a handgun he had owned was used many years later in the killing of an LEO, SC State Trooper if I remember correctly.

So, even though you and I won't be engaging in any firearms transactions, in an ideal world, you are correct.

 

[Red Hat]

I am a resident of the same state you are and agree with your position in theory, but as a practical matter would not sell a gun to anyone without knowing and documenting, for MY benefit, who they are. A copy of their SCDL seems a reasonable way to to that. Similarlly, I provide the same to the buyer.

My position on this may arise from a situation in which a close relative found himself when a handgun he had owned was used many years later in the killing of an LEO, SC State Trooper if I remember correctly.

So, even though you and I won't be engaging in any firearms transactions, in an ideal world, you are correct.

All I'm saying is in the real world there are no requirements in SC for a private citizen to keep records of their transactions. If I sell a firearm to someone I would ask to see their DL just to make sure they are a resident of SC. This meets federal law requirements since it's illegal to sell POF's to out of state residents. I might write down their name an address. I have no problem with this...buying or selling. With all the identity theft now days you're taking a chance giving someone a copy of your DL. If for some reason SC ever makes record keeping mandatory I'll just burn some copies of a 4473 and have the buyers fill it out. The bottom line is, if you sell a firearm and don't have a record of the sale it's not illegal in SC. I'll still respect those that want to keep unnecessary paperwork. I just don't have to buy their firearms.

Mudinyeri, sorry we hijacked your thread!

 

[FN1910]

I am a resident of the same state you are and agree with your position in theory, but as a practical matter would not sell a gun to anyone without knowing and documenting, for MY benefit, who they are. A copy of their SCDL seems a reasonable way to to that. Similarlly, I provide the same to the buyer.

My position on this may arise from a situation in which a close relative found himself when a handgun he had owned was used many years later in the killing of an LEO, SC State Trooper if I remember correctly.

So, even though you and I won't be engaging in any firearms transactions, in an ideal world, you are correct.

I agree with you that I would not buy or sell a gun without knowing and being able to provide that information later. Whether it is law or not it is for my own benefit. The strange thing is that I recently bought a NAA Mini revolver from a gun dealer (FFL) at the local gun show. I filled out the 4473 (have a CWP so that was just a fromality), paid cash for it and walked out the door. Later I realized that I did not get any kind of receipt for it and can't even remember who the dealer was. :fie: There is s sticker on the case that has the dealer's info but that bothers me that I don't have anything else. But to say that I am going to buy/sell a gun from/to a perfect stranger and not know how to get in touch with them later is not my style. The gun could easily turn up on a stolen list or similar and the I bought it from a guy line isn't going to help you in front of a jury.

 

[NavyLCDR]

The bottom line is, if you sell a firearm and don't have a record of the sale it's not illegal in SC. I'll still respect those that want to keep unnecessary paperwork. I just don't have to buy their firearms.

Mudinyeri, sorry we hijacked your thread!

+1. If I wanted someone to have a copy of my driver's license information, I would give that information to an FFL! The police/courts cannot REQUIRE a person to provide info that is not required by law to have - and they cannot use the lack of having info not required by law as evidence against a person. The simple statement, "I sold the gun to a person whom I had no reason to doubt was another resident of South Carolina and whom I had no reason to doubt was not a prohibited person is all the is required by law in SC.