So I want to sell my shotgun, but I have no papers

Discussion in 'Legal and Activism' started by DerickVonD, Jun 28, 2013.

  1. DerickVonD

    DerickVonD New Member

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    Okay, so a buddy of mine awhile ago sold me a shotgun, that someone else sold him, but he never had any paper with it, so I don't have any papers. Another one of my friends now wants to buy the shotgun and he's willing the pay double for what I paid for it. I don't want to be liable in any way, even though it would basically be his word against mine if something happened. Is there a way I can set up some sort of legal document stating that he purchased the shotgun and thus takes all responsibility for it, or can I not do that since I myself don't have papers for it?
     
  2. Chainfire

    Chainfire Well-Known Member Supporter

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    You probably don't need any paperwork to sell your shotgun though your state might be different from mine. The only issue that can bite you in the butt is if it turned out to have been stolen somewhere down the line.

    In Florida, we have a state call line that you can dial up, enter the serial number of a gun, and if it has any legal issues you get the information. For instance, you enter serial xxxxxx and it comes up wanted by the Broward County Sheriffs dept. then you don't want it.

    Hopefully your state has something similar.
     

  3. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    Just make up a bill of sale and save a copy.
     
  4. DerickVonD

    DerickVonD New Member

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    How actually do I do that? What information should I put on it. I've never made a bill of sale before.
     
  5. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    sell it through an FFL dealer on consignment. i may be wrong, but can't an FFL dealer check the status of a firearm, to see if there are any legal issues related to it? pretty sure the LE agency in your area could do it, but if there are any issues, one or several of your friends may be getting a visit from some men in blue asking questions about the firearm.
     
  6. DFlynt

    DFlynt New Member

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    Manufacturer
    Model (if known)
    Serial Number (if available)
    Seller and buyers names & addresses.
    How much you sold it for (optional)
     
  7. Overkill0084

    Overkill0084 Active Member

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    First- find out if you need any papers. I don't know how Maryland does things. You could just go into a gun store and ask exactly what sort of paperwork is generated/required with a firearms sale that is specific to your state, if any.

    If there is no state requirement for registration or other such nonsense, typically a simple bill of sale will do. Many times (at least here) this may be accompanied by photocopies of photo IDs. Private sellers in UT typically ask for a Concealed Carry Permit since that means you've already been vetted specifically regarding firearms. However, Maryland being a borderline communist state, they might have some oddball rules for firearms transfer. You will want to find out for sure before you are explaining to your lawyer how you didn't know selling that old gun to your friend was illegal.

    If your worried about whether your old gun is carrying any baggage, so to speak, I would have a word with a gun store to learn out what they do to find these things out, or place a call to a local law enforcement agency to find out what sort of options there are to find out.
     
    Last edited: Jun 28, 2013
  8. DerickVonD

    DerickVonD New Member

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    Wouldn't this have to be notarized though?
     
  9. DFlynt

    DFlynt New Member

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    Not necessarily, it can be but it's not like the title on a car.
     
  10. DerickVonD

    DerickVonD New Member

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    I guess I'm just being paranoid, I just don't want him to do something stupid with it and it come back on me.
     
  11. DFlynt

    DFlynt New Member

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    Understand your paranoia completely! Why you make out the bill of sale and keep one copy. ;)
     
  12. DerickVonD

    DerickVonD New Member

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    But I do not understand how a bill of sale could hold up in a court(if it ever came to that) without being notarized.
     
  13. MisterMcCool

    MisterMcCool Well-Known Member Supporter

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    Both parties sign it.
     
  14. bluez

    bluez Well-Known Member

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    Thats what you do when you're in-state.

    And even that is one step above.
    Asking him if he is allowed to own a fire arm andnot a convicted felon and checking his license that he is a resident should be enough even in MD
     
  15. Axxe55

    Axxe55 The Apocalypse Is Coming.....

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    it would show any LEO if there were any issues, that you sold it in good faith, and if there were any issues you have some proof of who it was sold to and that you aren't trying to hide anything.

    check you state laws regarding private gun sales. some states require even with private party sales to go through an FFL. some state do, some don't.
     
    Last edited: Jun 28, 2013
  16. c3shooter

    c3shooter Administrator Staff Member

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    Unless you have a sawed off or full auto shotgun, MD does not require registration of shotguns. You can check with a local gun shop. A bill of sale (2 copies) basically says: On 28 Jun 2013, Remington 870 12 gauge shotgun, SN ABCXYZ, sold to Joe Doaks of Timonium MD by Herb Smuck of Essex MD. Space for him to sign, and for you to sign. Give him one, you keep one. DO NOT sell him a gun if you have any reason to think he may not be allowed to own a gun, or if he is not a MD resident.

    You can take it to a dealer, have dealer do transfer- will typically add $50-$100 to the deal.

    I have at least 50 guns that have no papers- inherited, bought from a private seller, etc.

    BTW, welcome to the forum- stop by the intro thread and say hello.
     
  17. DerickVonD

    DerickVonD New Member

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    Thanks, I've been on here awhile, but haven't made many posts.
     
  18. Flat Tire

    Flat Tire New Member

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    I take a picture of the gun and then print all the info about that gun as well as the buyers Drivers license #. I print all that info on one page and get their signature as well. I also include a copy of the check, everything is there to prove I sold it to that person.
     
  19. ScottA

    ScottA FAA licensed bugsmasher Lifetime Supporter

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    Google "bill of sale template" and you will find plenty of examples.
     
  20. vincent

    vincent New Member

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    Nothing wrong at all with a little CYA...:cool:

    Especially in that nutty state of yours...:eek:

    Credit to you for getting your ducks in a row...:cool: