A firearm (gun) bill of sale form finalizes the exchange of one (1) or more firearms between a buyer and a seller. By signing, both parties verify they do not have a criminal or mental health record and can legally own a gun. It also signifies their mutual agreement on the sale terms.
A firearm (gun) bill of sale is a formal document that outlines the deal between two (2) individuals for the transaction of a gun. It prevents animosity after the exchange as it transcribes the prearranged and agreed-upon terms and conditions. The form also releases the previous owner from blame or accountability. Simultaneously, it makes the new owner responsible and, therefore, susceptible to legal action if something goes wrong with the weapon post-sale.
Merchants have a legal obligation to protect themselves and other citizens by assuring the buyer has a clean record. Taking this step means that the owner undoubtedly knows that the recipient does not have mental health challenges that impair their ability to operate or possess a weapon. It also implies that the purchaser has not committed a federal crime and does not have intentions to do so in the future.
Paying for an authorized background check during the private sale process further verifies the buyer’s identity. It brings the seller peace of mind knowing they did not sell a gun to an unstable individual or felon, which is a federal offense. Before handling the purchase, sellers and buyers should learn more about their county, state, and federal laws. Reviewing regulations ascertain that both parties have taken the necessary steps to transfer the weapon.
Read the steps below to learn how to lawfully exchange a firearm for cash, trade, or gift.
Reviewing local gun laws guarantees that the seller carries out the transaction properly. Private sales differ from dealership trades, which have an official firearm sale process.
The merchant must obtain and complete the necessary paperwork required by the state. Likewise, they must request documentation from potential buyers as needed.
Before listing the firearm, the owner must closely evaluate its condition by checking for damages, scuffs, dirt, or other issues. Repairing it before the sale ensures that it attracts more potential buyers and sells at a higher cost. For this reason, many sellers get a second opinion from a gun store or dealer before advertising.
Consider the gun’s make, model, condition, and year when conducting a valuation. These factors determine how much to sell it for and how much a buyer might pay.
Setting an initial higher cost helps merchants make a profit when negotiating with buyers. For example, if a seller lists the gun for $2,000 and a buyer offers $1,500, the two parties could settle at $1,750. In this situation, the seller still makes a reasonable profit.
However, if they set the initial price at $1750, they would likely receive $1,500, or less, in the negotiation. Therefore, determining a realistic price for the item helps both parties strike a deal. With this in mind, the owner must avoid setting an extremely high value. If this happens, it will turn away buyers and decrease the overall likelihood of a sale.
Websites (such as gunbroker.com, guns.com, gunsamerica.com, and gunvalues.gundigest.com) do the calculation for the seller. Running the information through a site can cut back on time and ensure the owner sets a realistic price. This method tends to be more accurate because it compares the data against similar guns to establish an appropriate selling price.
Merchants can sell firearms in three ways: 1) face-to-face, 2) via a store, or 3) online.
Gun sales often occur in person to verify the buyer’s identity and confirm they can legally own weapons. Furthermore, many states have laws that prevent individuals from mailing firearms or ammunition.
In-person sales generally begin with the merchant posting local fliers and advertisements. Eventually, interested parties reach out with bids and ask questions. In many cases, sellers receive requests from individuals wanting to evaluate the firearm before purchasing. Physically seeing the gun ensures its authenticity and condition, thus making a sale more likely.
When selling a gun privately, the owner must interview potential buyers and conduct background checks (as needed). This step ensures they do not give the firearm to a criminal or mentally unhealthy person. The process is fundamental if the buyer reaches out from an online source or the merchant does not personally know the individual.
As a final option, the individual can use a third party to sell their firearm. The store usually takes a percentage of the profit; however, they also conduct background checks and tours for the owner. Overall, this method requires less work and boosts the chances of a successful sale.
After the seller has confirmed the identity and background of the buyer, they move forward with the transaction. In the next step, the merchant and customer complete a firearm bill of sale form. This document acts as a formal receipt for the sale and includes pertinent information about both parties and the gun.
The buyer and seller can use a generic form to record the deal. However, they must use the state- or county-specific form if their location requires it. Otherwise, the police department can reject the gun bill of sale if it ever needs evaluation.
By signing and keeping a copy, the buyer and seller can each prove the genuineness of the deal. Furthermore, both parties should complete the form electronically or in blue or black ink so that the information does not rub off or become illegible.
Print or download the firearm bill of sale to provide the following information:
When signing occurs, the seller must transfer the gun to the buyer and any other agreed-upon items. For example, the merchant might include ammunition, chambers, or other extra parts. The purchaser must provide the requested payment or trade an item of similar value in exchange.
If the seller gifts the firearm, both parties must write this information in the form. The original owner should also review local laws to ensure that they can legally gift a gun to another person in their state.
Utilize the steps below to execute a firearm bill of sale accurately.
Step 1 – Today’s Date
Enter the transaction date in an mm/dd/yyyy format.
Step 2 – Personal Details of Both Parties
Write the given (full) names of the buyer and seller and their home address, phone number, and email.
Step 3 – Firearm Manufacturing
Provide the manufacturing information of the gun by including its make, model, type, caliber (gauge), and serial number.
Step 4 – Transfer Information
State the payment method used, such as by payment (cash, credit card, or check), gift, or trade. Check the both next to “Yes” if the price included taxes and “No” if not.
Step 5 – Added Conditions
In the “Additional Terms” section, enter other essential details of the sale. For example, if the firearm had a recall, flaw, or another issue, the seller would use this section to explain further. Filling in this part of the document is not a requirement.
Step 6 – Signatures
The buyer and seller must write the current date, sign the form, and inscribe their full name in print.
Step 7 – Notarization (Variable)
Notarization is not usually required. However, buyers and sellers must sign in front of a notary public in states with requirements. At that time, they must present a valid form of photo identification to confirm their identities.
Refer to the queries below to receive answers to commonly asked gun ownership questions.
The term “CWL” on a firearm bill of sale stands for “Concealed Weapon License.” It means that the state has authorized the license holder to purchase and own guns.
Individuals must pass a criminal background check and mental health evaluation to obtain a permit. In addition, many US states require residents to complete a gun safety course. The class provides education on local laws, gun ownership, and best practices for using a firearm.
Per federal law, a merchant cannot sell a weapon to a criminal or mentally unstable person, or they become liable. If caught, the seller can face jail time and fines. Therefore, owners are more likely to sell to someone with a valid CWL because it proves they can legally have a firearm.
Most states do not require notarization for a firearm bill of sale. However, residents should check with their local county and state laws for more information.
It depends. States have unique laws for residents purchasing a gun with a suspended license. The cause of suspension can also determine whether or not the individual can buy a firearm. For example, felons, patients detained in a mental facility, or those with cognitive illnesses cannot legally possess a weapon, regardless of the state of residence.
Generally, no. However, drivers with multiple driving under the influence (DUI) offenses cannot purchase or own a gun in most cases. Similarly, if they committed a felony DUI or had involvement in criminal drug cases, domestic violence, or any other illegal activity, the federal and state court ban the person from having a firearm.
Each state has its own set of laws for shooting a gun with or without a permit. Statutes provide more details on firing at a shooting range or on private or public property. Learning more about firearm laws through a local police department or state official online guide can help provide definitive, clear-cut answers.
No. According to federal and state law, US residents cannot have a gun if they have or use marijuana. By having a medical card, an individual gives up their right to own or use a firearm. Law enforcers can arrest and ticket individuals who engage in this behavior.
Additionally, citizens who hold a medical marijuana card cannot obtain a purchase permit or an open or concealed carry license (CCL). In other words, the resident must have one or the other, but not both.
Pennsylvania is the only state that allows someone to have a medical marijuana card and a CCL at the same time. Unique circumstances could further impact a person’s eligibility to possess both, and for this reason, individuals should consult with local law to learn more.
No. An individual cannot use a firearm for any reason while simultaneously possessing marijuana or a medical card in any state (except Pennsylvania). Federal and local courts can sentence offenders to jail or house arrest, make them pay fines, or request they carry out community service.
