< Back to the Main Site

Author Topic: What's the Deal with Bills of Sale?  (Read 6437 times)

Offline Laufen

  • Post approval required
  • *
  • Join Date: Aug 2017
  • Location: Atlanta GA
  • Posts: 88
What's the Deal with Bills of Sale?
« on: August 10, 2017, 10:45:53 AM »
Why do so many private citizens place an unnecessary burden on themselves for a piece of paper that has zero validity in a court of law?  Private citizens are not required to record an individuals information for transfer of a firearm.   Why do so many of you do this?

Offline RLMoeller

  • Sponsor- NFOA Firearm Raffle at the 2009 Big Buck Classic. 2010 Firearm Rights Champion Award winner
  • NFOA Full Member
  • **
  • Join Date: Jun 2009
  • Location: La Vista, NE
  • Posts: 3058
Re: What's the Deal with Bills of Sale?
« Reply #1 on: August 10, 2017, 11:11:26 AM »
Why would you not have a record of when you acquired property?   Do you often walk out of a store with a major purchase without a receipt?

Offline Laufen

  • Post approval required
  • *
  • Join Date: Aug 2017
  • Location: Atlanta GA
  • Posts: 88
Re: What's the Deal with Bills of Sale?
« Reply #2 on: August 10, 2017, 11:16:01 AM »
Why would you not have a record of when you acquired property?   Do you often walk out of a store with a major purchase without a receipt?
I get a receipt for two reasons.  Tax write offs (which my firearms are not) and if I need to return the item (which I wouldn't do in a private firearm sale).  If you want to remember the date you bought it, write it down.

A bill of sale provides zero legal protection, and proves nothing beyond the fact that someone wrote something on paper. 
If I want record of when I acquired a firearm, I'll just make a note of it.  That's totally fine, but collecting someone's personal information needlessly isn't for me.  There are plenty of laws we're forced to follow already, there's no need to burden ourselves with some we create for ourselves.
« Last Edit: August 10, 2017, 11:33:12 AM by Laufen »

Offline shooter

  • NFOA Full Member
  • **
  • Join Date: Aug 2013
  • Location: near Yutan
  • Posts: 1630
Re: What's the Deal with Bills of Sale?
« Reply #3 on: August 10, 2017, 12:37:42 PM »
 The main reason I do, is to be able to prove where I got it. just in case it winds up being a stolen weapon. I can say I bought it from this guy, 
Was mich nicht umbringt macht mich stärker
Sic semper evello mortem tyrannis
 NRA Endowment member
  Shoot  them in the crotch.  Clint Smith, thunder ranch.  Oct 14, 2016

Offline Laufen

  • Post approval required
  • *
  • Join Date: Aug 2017
  • Location: Atlanta GA
  • Posts: 88
Re: What's the Deal with Bills of Sale?
« Reply #4 on: August 10, 2017, 12:52:05 PM »
The main reason I do, is to be able to prove where I got it. just in case it winds up being a stolen weapon. I can say I bought it from this guy,
It doesn't prove anything, and doesn't keep you out of hot water for buying a hot gun.  Bills of sale provide zero legal protection. 

Offline Laufen

  • Post approval required
  • *
  • Join Date: Aug 2017
  • Location: Atlanta GA
  • Posts: 88
Re: What's the Deal with Bills of Sale?
« Reply #5 on: August 10, 2017, 12:52:21 PM »
..r

Offline Opusnbill7

  • NFOA Full Member
  • **
  • Join Date: Jan 2013
  • Location: Lincoln, NE
  • Posts: 117
Re: What's the Deal with Bills of Sale?
« Reply #6 on: August 10, 2017, 04:10:32 PM »
So....are you an actual lawyer, or just an internet one? 

Also, why do you care what someone else wants to do if they sell a firearm?  If it doesn't involve you, it's none of your business.  If it does, then refuse to sell to/purchase from that person.  There, problem solved.

Offline justsomeguy

  • Defender of the Constitution
  • NFOA Full Member
  • **
  • Join Date: Dec 2009
  • Location: Behind my Rifle
  • Posts: 284
Re: What's the Deal with Bills of Sale?
« Reply #7 on: August 10, 2017, 05:51:00 PM »
Laufen, are you beginning to see why this forum isn't very active anymore?
"The first rule is to keep an untroubled spirit. The second is to look things in the face and know them for what they are." - Marcus Aurelius

Offline Les

  • NFOA Full Member
  • **
  • Join Date: Apr 2012
  • Location: Lincoln
  • Posts: 1025
Re: What's the Deal with Bills of Sale?
« Reply #8 on: August 10, 2017, 06:04:35 PM »
Help me understand, why this is an unnecessary burden?  For me it's about protecting myself.  If it's stolen, at least if you have the persons contact info and gives the LEO somewhere else to look.  Of course I try not to invite the "Man" into my life if at all possible. 

Offline Laufen

  • Post approval required
  • *
  • Join Date: Aug 2017
  • Location: Atlanta GA
  • Posts: 88
Re: What's the Deal with Bills of Sale?
« Reply #9 on: August 10, 2017, 06:29:58 PM »
Help me understand, why this is an unnecessary burden?  For me it's about protecting myself.  If it's stolen, at least if you have the persons contact info and gives the LEO somewhere else to look.  Of course I try not to invite the "Man" into my life if at all possible.
It has no legal value whatsoever.  If it's stolen, you're in possession of stolen property regardless.


Offline Laufen

  • Post approval required
  • *
  • Join Date: Aug 2017
  • Location: Atlanta GA
  • Posts: 88
Re: What's the Deal with Bills of Sale?
« Reply #10 on: August 10, 2017, 06:30:41 PM »
So....are you an actual lawyer, or just an internet one? 

Also, why do you care what someone else wants to do if they sell a firearm?  If it doesn't involve you, it's none of your business.  If it does, then refuse to sell to/purchase from that person.  There, problem solved.
I'm just trying to figure out why so many people on here want a bill of sale when it has no legal power/value to the holder. 

Offline Laufen

  • Post approval required
  • *
  • Join Date: Aug 2017
  • Location: Atlanta GA
  • Posts: 88
Re: What's the Deal with Bills of Sale?
« Reply #11 on: August 10, 2017, 06:31:27 PM »
Laufen, are you beginning to see why this forum isn't very active anymore?
Yeah, but echo chambers are pretty boring.  It's nice to hear dissenting opinions.

Offline Les

  • NFOA Full Member
  • **
  • Join Date: Apr 2012
  • Location: Lincoln
  • Posts: 1025
Re: What's the Deal with Bills of Sale?
« Reply #12 on: August 10, 2017, 07:34:53 PM »
Lol, I'll bet you're a troll.....See ya... :P

Offline Laufen

  • Post approval required
  • *
  • Join Date: Aug 2017
  • Location: Atlanta GA
  • Posts: 88
Re: What's the Deal with Bills of Sale?
« Reply #13 on: August 11, 2017, 08:35:01 AM »
Lol, I'll bet you're a troll.....See ya... :P
No, I'm not a troll just because I have a different opinion about bills of sale, lol.

Offline depserv

  • NFOA Full Member
  • **
  • Join Date: Oct 2011
  • Location: Omaha
  • Posts: 870
Re: What's the Deal with Bills of Sale?
« Reply #14 on: August 11, 2017, 10:40:13 AM »
I would not call laufen a troll.  I deal with real trolls all the time when I make true statements on patriot sites, and this guy is nothing like them.  I understand his point: if a bill of sale is absolutely useless in a legal sense what purpose does it serve, and why do so many people bother filling one out?

This is a good point to have brought up, because I had assumed that a paper bill of sale, presumably having been signed by the buyer, could be used as proof that a gun had been transferred on a certain date to a certain named person.  So what I want to know is, is he correct in saying that the bill is of absolutely no use in a legal sense?  Hopefully those who know more about the law than I know can give us an answer.

Even if it is of no legal use, say some crime was committed with the gun after you sold it and the gun was found and traced back to you.  At least you would be able to give the police information on the name of the one you sold the gun to.  Even if the bill of sale is not considered proof that the sale took place it could still help clear you by letting the police know the name of the one the gun was sold to, which might lead them to catch the real perpetrator.  This of course is assuming you copied the buyer's name off something like a driver's license.

Another benefit it might have is that I would think a person who can not legally buy a gun would be disinclined to buy one if he had to show the seller his ID and the seller was going to copy his name off of it and keep it as a record.  I met an ATF snitch awhile back (friend of a friend kind of thing) and one of the things he did to make money was try to entrap law-abiding gun owners into committing some technical violation of gun law so he could turn them in.  He got paid a bounty for each one he snared.  To give you an idea what a lowlife he was he is now in prison for rape of an underage girl.  Would a person like that maybe be dishonest when he has a chance to make some money?  I would think so.  Would a paper bill of sale deter his dishonesty?  I don't know, but maybe. 
The liberal cult seeks destruction of the American Republic like water seeks low ground.

Offline Les

  • NFOA Full Member
  • **
  • Join Date: Apr 2012
  • Location: Lincoln
  • Posts: 1025
Re: What's the Deal with Bills of Sale?
« Reply #15 on: August 11, 2017, 03:56:07 PM »
Guess the following should've been the preface of my previous post,
<insert sarcasm>   ;)

Offline SemperFiGuy

  • Steel Benefactor
  • *
  • Join Date: Apr 2009
  • Location: Omaha, NE
  • Posts: 2079
  • GG Grampaw Wuz a DamYankee Cavalryman
Re: What's the Deal with Bills of Sale?
« Reply #16 on: August 11, 2017, 03:58:53 PM »
OK........

The underlying premise of this post is that a bill of sale for a firearm "has no validity in law."

Most likely the Original Poster has substantial objective proof for this assertion and will be most willing to share it with Forum members so that all can be informed.


sfg
Certified Instructor:  NE CHP & NRA-Rifle, Pistol, Shotgun, Personal Protection Inside/Outside Home, Home Firearm Safety, RTBAV, Metallic Cartridge & Shotshell Reloading.  NRA Chief RSO, IDPA Safety Officer, USPSA Range Officer.  NRA RangeTechTeamAdvisor.  NE Hunter Education (F&B).   Glock Armorer

CC

  • Guest
Re: What's the Deal with Bills of Sale?
« Reply #17 on: August 11, 2017, 08:39:25 PM »
My view is who cares?  If a person wants to sell a gun and as a condition of the sale they want to execute a bill a sale then as the seller it is their prerogative to do it. And, as a potential buyer it it your prerogative not to do business with them.

I am of the opinion that while it might not completely exonerate you if a crime was committed with the gun you sold it sure would help. Consider that most on her require a CC permit or permit to purchase. Thus they have positive ID of the person and if they get the person to sign it they have his signature so hard to say " wasn't me." 

Now as proof of not buying a stolen gun it isn't much use unless the seller shows you ID and signs it too.


Offline David Hineline

  • NFOA Full Member
  • **
  • Join Date: Dec 2007
  • Location: South Sioux City
  • Posts: 562
Re: What's the Deal with Bills of Sale?
« Reply #18 on: August 17, 2017, 02:55:21 PM »
If a Bill of Sale has no legal standing then why am I required to provide on to the County when I go to license a vehicle in a private purchase transaction? 
Machinegun owners blow thier load with one pull of the trigger

Offline shooter

  • NFOA Full Member
  • **
  • Join Date: Aug 2013
  • Location: near Yutan
  • Posts: 1630
Re: What's the Deal with Bills of Sale?
« Reply #19 on: August 17, 2017, 06:25:10 PM »
If a Bill of Sale has no legal standing then why am I required to provide on to the County when I go to license a vehicle in a private purchase transaction?

  For sales tax. govnt has to get there cut of every deal!
Was mich nicht umbringt macht mich stärker
Sic semper evello mortem tyrannis
 NRA Endowment member
  Shoot  them in the crotch.  Clint Smith, thunder ranch.  Oct 14, 2016