When you trade a firearm...

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shortysboy09
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When you trade a firearm...

Post by shortysboy09 »

How do you get the gun out of your name?
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joe817
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Re: When you trade a firearm...

Post by joe817 »

shortysboy09 wrote:How do you get the gun out of your name?
As guns aren't registered, there's no need.
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Re: When you trade a firearm...

Post by O6nop »

joe817 wrote:
shortysboy09 wrote:How do you get the gun out of your name?
As guns aren't registered, there's no need.
Firearms aren't registered in Texas. But if you are talking about form 4473, then I guess there's nothing you can do. As long as the gun isn't used in a crime, you should have nothing to worry about, so make sure you know who you sell or trade to. The dealers aren't supposed to give that information out unless the BATFE has cause like a crime committed with it.
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Re: When you trade a firearm...

Post by 57Coastie »

While not necessary, I have always had the habit of doing up a quick Bill of Sale, one to the buyer and one to my files. My memory is not what it once was, and if an investigator comes to call after, for example, this weapon was used in a crime, at least I can reconstruct things.

This was argued to and fro in another thread here, but my practice remains the same, even if it is a gift. I also insist on receiving a Bill of Sale from a person selling me one. This does not guarantee that the weapon was not stolen, but it is awfully good proof that I did not steal it. Should he refuse, as once happened, I walk off. I would suspect the seller's honesty.

Why not, when there is no, apparent to me, down side?

Cheers,

Jim

PS Here is just one of many Bill of Sale formats on the Internet. It is probably more complex than necessary, and there are bunches more out there.

http://www.uslegalforms.com/us/US-00456BG.htm" onclick="window.open(this.href);return false;
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Re: When you trade a firearm...

Post by Embalmo »

I've only sold one gun, and I've got a bill of sale that has the buyer's name, address, and phone number, and the gun's unique serial number should anyone ask. You can print one on the internet. Some people believe that you should only sell to a CHL, but my personal policy is to only sell to someone who can produce a current/valid TX driver license, and will sign an afadavit on the bill of sale that states the he/she can legally own a gun.

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shortysboy09
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Re: When you trade a firearm...

Post by shortysboy09 »

Thanks for the information guys.
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marksiwel
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Re: When you trade a firearm...

Post by marksiwel »

shortysboy09 wrote:Thanks for the information guys.
what are you looking to get rid of?

You can also go to an FLL and have them do a background check if your not sure of the Buyer
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Re: When you trade a firearm...

Post by tomc »

I believe all guns are tied back to the manufacturer, which maintains records of who they distributed the gun to initially. When the police trace a gun, they go back to the manufacturer who tells them which gun retailer eventually sold it the first time. These records are required to be kept by the first retail seller. Therefore, the feds are only able to trace a gun to its first point of sale. Any time the gun is traded in as a used gun to a FFL dealer, the dealer keeps the 4473 form for its resale, but it becomes untraceable after that except in the rare case where a gun is sold back to the original dealer. Otherwise, I believe it is virtually untraceable.

In the end, if you want to buy a firearm that is untraceable to you, then buy it from a private individual or as a used gun from a dealer. Chances are it would be very hard to trace it to you.

If any of this is in error, would an FFL knowledgeable person please correct my post, cuz I aren't one.
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Re: When you trade a firearm...

Post by USA1 »

My concern would be unknowingly buying a "stolen" firearm. I know there are records of those.
I just made my first "used gun" purchase but it was from a Pawn Shop.
I would hope that keeping a receipt will keep me out of trouble if the gun was ever determined to be stolen.
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WildBill
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Re: When you trade a firearm...

Post by WildBill »

My rule is to never trade a firearm. You can buy new ones, but keep the ones you've got. :rules:
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marksiwel
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Re: When you trade a firearm...

Post by marksiwel »

USA1 wrote:My concern would be unknowingly buying a "stolen" firearm. I know there are records of those.
I just made my first "used gun" purchase but it was from a Pawn Shop.
I would hope that keeping a receipt will keep me out of trouble if the gun was ever determined to be stolen.
Whats fun is even if its a stolen weapon but you buy it from a Dealer, the Orignal owner cannot get the gun from you or sue you directly. They can only sue the dealer or collect the Monetary amount from the dealer.
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Re: When you trade a firearm...

Post by bizarrenormality »

Embalmo wrote:I've only sold one gun, and I've got a bill of sale that has the buyer's name, address, and phone number, and the gun's unique serial number should anyone ask. You can print one on the internet.
Good luck getting one of those signed if you trade to a dealer.
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Re: When you trade a firearm...

Post by davidtx »

WildBill wrote:My rule is to never trade a firearm. You can buy new ones, but keep the ones you've got. :rules:
Works for me! :mrgreen:
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Re: When you trade a firearm...

Post by 57Coastie »

USA1 wrote:My concern would be unknowingly buying a "stolen" firearm. I know there are records of those.
I just made my first "used gun" purchase but it was from a Pawn Shop.
I would hope that keeping a receipt will keep me out of trouble if the gun was ever determined to be stolen.
Precisely why I insist on a piece of paper, be it entitled Bill of Sale or not.

Jim
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Re: When you trade a firearm...

Post by 57Coastie »

marksiwel wrote:
USA1 wrote: Whats fun is even if its a stolen weapon but you buy it from a Dealer, the Orignal owner cannot get the gun from you or sue you directly. They can only sue the dealer or collect the Monetary amount from the dealer.
Fun? Are you suggesting that a dealer not having a good title to a gun can pass good title to you, and that the person from whom it is proved to have been stolen, no matter how many links in the chain, cannot reclaim the gun from you which is his property? Does even the fact that you are an innocent purchaser make any difference at all?

Who, in this scenario, has the burden to collect from the dealer? The legitimate owner of the gun, or you?

Substitute for a gun: a car, a wristwatch, a boat, and so forth. Is a gun treated differently than the others?

An idle question? Or not?

Jim
Last edited by 57Coastie on Wed Feb 24, 2010 8:21 pm, edited 1 time in total.
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