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this is NOT commieNY, there is NO registration of firearms here... as a matter of a fact even when you buy one here the paperwork that is sent to SLED for a background check has nothing on it about what kind of firearm you are purchasing and has to be discarded by SLED in a short amount of time... by law!
the only one that'll ever know you bought it is the store where you bought it and whoever you tell... gun stores have to keep records, but they are for business purposes not LE's to check up on you...
assuming you can legally own a firearm if you buy one from an individual that lives here, after you too are a resident here, there is NO record ANYWHERE that you bought that gun... and there never will be
repeat: there is NO registration of firearms in South Carolina
The records that any firearm dealer keeps is required by the ATF.
Individuals should never sell firearms between themselves without giving each other a bill of sale.
The records that any firearm dealer keeps is required by the ATF.
Individuals should never sell firearms between themselves without giving each other a bill of sale.
they are kept as required by ATF, but not to identify who has them... it's in order to make sure FFL dealers are doing what they are supposed to etc etc and so the ATF knows they aren't illegally selling guns to places like Mexico... ask your local FFL dealer what the ATF looks for when they check over their paperwork...
there is no requirement or need to have a bill of sale for a firearm, I'm not even sure there is such a thing unless you just make up your own off the cuff
the only people I know that do any paper work shuffle with individual sales are those who are extremely paranoid, and if you're that worried then you shouldn't sell it to begin with IMHO... just make sure the buyer has a valid SCDL so you know he/she's a resident of SC, that's the only law concerning individual sales
I wouldn't sell one to a known felon (illegal), or anyone that I know has a hot temper or any previous assault charge that shows the person as a hot head...
Having a bill of sale in a private sale, signed by both parties is the only thing that would release the other individual of any liability from when the other party has posession of the firearm. Here in NC an individual is required in a private sale to do it responsibly.
Quote:
Originally Posted by meks
they are kept as required by ATF, but not to identify who has them... it's in order to make sure FFL dealers are doing what they are supposed to etc etc and so the ATF knows they aren't illegally selling guns to places like Mexico... ask your local FFL dealer what the ATF looks for when they check over their paperwork...
there is no requirement or need to have a bill of sale for a firearm, I'm not even sure there is such a thing unless you just make up your own off the cuff
the only people I know that do any paper work shuffle with individual sales are those who are extremely paranoid, and if you're that worried then you shouldn't sell it to begin with IMHO... just make sure the buyer has a valid SCDL so you know he/she's a resident of SC, that's the only law concerning individual sales
I wouldn't sell one to a known felon (illegal), or anyone that I know has a hot temper or any previous assault charge that shows the person as a hot head...
Having a bill of sale in a private sale, signed by both parties is the only thing that would release the other individual of any liability from when the other party has posession of the firearm. Here in NC an individual is required in a private sale to do it responsibly.
I see, but as we all know "responsibly" or legally means different things in different states... you are not required to do any paperwork in SC for an individual private sale...
I see, but as we all know "responsibly" or legally means different things in different states... you are not required to do any paperwork in SC for an individual private sale...
I have never researched that law but I will tell you this, whether the law *requires* it or not anyone who is either a buyer or seller is a fool for not doing a bill of sale. That bill of sale could one day be gold if needed.
Where ever the paper trial ends is who very well could be liable if something bad were to happen.
I have never researched that law but I will tell you this, whether the law *requires* it or not anyone who is either a buyer or seller is a fool for not doing a bill of sale. That bill of sale could one day be gold if needed.
Where ever the paper trial ends is who very well could be liable if something bad were to happen.
with all due respect your opinion is exactly that, just your opinion... so do how you wish but the law here in this state is clear, and the LEO's here have dealt with it plenty long enough not to "jump the gun" and arrest someone because a gun that they may have owned at one time showed up at a crime scene
because our state law is different than your state our LEO's approach it differently when a weapon is found on a scene, because there is NO registration here there is NO serial number in any police database...
the only way that serial number will even show up to them is if it was reported stolen
ATF here is NOT allowed to keep any personal info from the files they went through at a gun shop concerning sales unless there was a problem with one, they aren't even allowed to keep track of the names of legal gun buyers
so again, there is no need (unless you just want too) to fill out any paperwork in this state for a private sale
if you sell a weapon that's later used in a crime and they magically trace it back to you as a one time owner just be truthful and up front with the police and all will be well... as long as you're innocent of course
they'd have to have more than a weapon you once owned to arrest you, they are very versed in how weapons change hands here and don't care to look like a fool on the news every night for a bunch of bad arrest because they didn't do their homework
ATF rules do not vary State to State....
there is also NO registry in any State in this country.
The way the paper trail works is this....
Say you bought a ruger from me, you sold it to X and they committed a crime with it......
The Ruger is found....the police/ATF will contact Ruger and ask them what distributor they sold the firearm with "this" serial number. Then tney go to the distributor ask to see their A&D book, find that firearm in the book and then visit my store. At that point I hand over my A&D book and the 4473 for that sell. They will come and visit you, ask for the firearm......if you don't have it and no proof of selling it, then YOU will have a lot of explaining to do.
So, you can either do a simple bill of sale OR take it to a FFL dealer and do a transfer which is the proper way to do it or spend a whole lot of time, effort and possibly money to explain your way out of it.
A simple bill of sale would do nothing more than cover the sellers butt. I guarantee you if you sat down with a SLED agent or an ATF agent they both will tell you to do the smart thing and cover
Quote:
Originally Posted by meks
with all due respect your opinion is exactly that, just your opinion... so do how you wish but the law here in this state is clear, and the LEO's here have dealt with it plenty long enough not to "jump the gun" and arrest someone because a gun that they may have owned at one time showed up at a crime scene
because our state law is different than your state our LEO's approach it differently when a weapon is found on a scene, because there is NO registration here there is NO serial number in any police database...
the only way that serial number will even show up to them is if it was reported stolen
ATF here is NOT allowed to keep any personal info from the files they went through at a gun shop concerning sales unless there was a problem with one, they aren't even allowed to keep track of the names of legal gun buyers
so again, there is no need (unless you just want too) to fill out any paperwork in this state for a private sale
if you sell a weapon that's later used in a crime and they magically trace it back to you as a one time owner just be truthful and up front with the police and all will be well... as long as you're innocent of course
they'd have to have more than a weapon you once owned to arrest you, they are very versed in how weapons change hands here and don't care to look like a fool on the news every night for a bunch of bad arrest because they didn't do their homework
Chromekitty is correct in respect to the information given about ATF requirements.
The suggestion to do a bill of sale on a private transfer is good advise. It is not a requirement, but simply common sense when dealing with such a dangerous matter. That is the point Chromekitty is making (at least that is how "I" took it).
Chromekitty, I believe you are arguing with a brick wall.
Chromekitty is correct in respect to the information given about ATF requirements.
The suggestion to do a bill of sale on a private transfer is good advise. It is not a requirement, but simply common sense when dealing with such a dangerous matter. That is the point Chromekitty is making (at least that is how "I" took it).
Chromekitty, I believe you are arguing with a brick wall.
Right, all I am saying is use common sense....and a simple bill of sale, no matter the State (if permitted) it is just the right thing to do. It protects
both the buyer and seller.
I think it is very dangerous to take such a simplistic approach when it comes to something as serious as firearms.
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