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Thread: selling a gun in classifieds

  1. #1
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    Hi all, I'm thinking about selling one of my guns through the classifieds. I'm just wondering if I should write up some type of paper saying something along the lines of

    "I __Buyers name___, Va Drivers License Number ________ hear-by buy a __Make and model of gun__ serial number ________ from __my name__ on __date__ for $_____" and get him/her to fill it out and sign it.

    I'm very nervous about selling a gun to someone I don't know. I have no way of knowing if they can legally own a gun and I'm just worried that they're going to commit a fellony and it's going to be traced back to me. I'm only going to accept cash for the deal so there's no paper trail to prove that I sold the gun. I was just wondering what you guys think of this type of document to have at least some proof that I sold the gun. What's your opinion.

    Just to put it out there, I'm selling a Bushmaster XM15-A3 with 2 30rd mags, 2 10rd. mags, a hard plastic case, and 90 rounds of ammo. Price $700. Do you think this is a resonable price?

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    In VA, you can sell top anyone, even if they are from Mars, but presumably not a prohibited person at state law. At federal law, you cannot transfer to someone who you know or have reason to know is not a resident of this state or is a prohibited person at federal law. No need to do any bill of sale.

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    Regular Member VAopencarry's Avatar
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    Mike wrote:
    In VA, you can sell top anyone, even if they are from Mars, but presumably not a prohibited person at state law. At federal law, you cannot transfer to someone who you know or have reason to know is not a resident of this state or is a prohibited person at federal law. No need to do any bill of sale.
    Don't they have to be a VA resident?

    I think a Bill of Sale is a good way to discourage any would be bad guys from buying it.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    The bill of sale thing is nonnegotiable, if they're not willing to fill it out/sign it/give me their DL number then they're not getting the gun. How about the price? It's just a plain jane bushmaster with a non collapsable stock. Am I asking too much or is the price about right?

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    Regular Member VAopencarry's Avatar
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    Is it in decent shape? The A3 has the removable rear sight assembly for scope mounting, right?, 20 inch barrel?.... I'll check the Gun Value book at the gun shop tommorrow. Sounds like a good price with the extra mags and ammo thrown in.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    You're correct, the A3 model has a removable carry handle. I have the short barreled version which is 16". It's the same model as seen here

    http://www.bushmaster.com/shopping/w...wa2x14m4my.asp

    It's in great condition and I've made sure to maintain it very well. I did neglect to clean it for about 200 rounds but other than that, it's in great condition. On the last cleaning, I stripped it down and cleaned it Very thouroughly and lubed everything up to specs. It has no external or internal scratches or marks of any kind and in very good quality overall. I've also made sure not to overheat the barrel from excessive fireing. It's not quite in like new condition but not far from it.

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    Don't they have to be a VA resident?

    I think a Bill of Sale is a good way to discourage any would be bad guys from buying it.
    No, the transferor merely has to know know or have reason to know that the tranforee is a prohibited person, which would include a person not a resident of that state.

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    Regular Member VAopencarry's Avatar
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    Mike, OK, now I am confused. Wouldn't that mean Yes. If I know the person is from Mars then I cannot legally sell them a handgun. Or are you going on a don't ask, don't tell scenario.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    Regular Member VAopencarry's Avatar
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    357, It would retail between $7-800, probably clsoer to 8 but depends on the condition, which is a bit subjective.
    "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson

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    VAopencarry wrote:
    Mike, OK, now I am confused. Wouldn't that mean Yes. If I know the person is from Mars then I cannot legally sell them a handgun. Or are you going on a don't ask, don't tell scenario.
    I was breaking the law down between state & federal law in that post - please read it closely.

    At federal law, you have no duty to affirmatively know that the person is a resident of your state, but you have a duty to NOT transfer to those who you know or have reason to know are not a resident of your state or are a prohibited person at federal law.

    A big reason to transfer guns in private sales is to reduce or eliminate the paper trail. When the Brady Act was passed, the anti-s should have been forced to trade more away - getting rid of the silly and unconstitutional restriction on sales between residents of different states for example - and, for privacy, the BATFE Form 4473s should have been required to be destroyed after a reasonable period - like 30 days, maybe a year.

    But that did not happen, all we have is private sales for privacy.

  11. #11
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    VAopencarry wrote:
    357, It would retail between $7-800, probably clsoer to 8 but depends on the condition, which is a bit subjective.
    My local gun shop has a usedone similar to mine with a $750 price tag. I kind of need to sell this thing quick to buy a gun and/or a progressive reloadingpress from my uncle who needs money fast. That's why I priced it at $700. This is a pretty firm price for me because I know that it's worth every bit of $700. Thanks for letting me know what it's worth.

    Oh yeah, as far as the selling to someone who's not a Virginia resident. I put the ad in the local classifieds and it only runs in central VA so selling to an out of state resident isn't going to be an issue. Besides, I'm going to require either their Va drivers license number or (if available) their CHP number. Either way, if they hand me anything other than a Va drivers license, I'm not going to sell to them.

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    Regular Member zoom6zoom's Avatar
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    Here's the text of a bill of sale that was forwarded to me a while ago, it could be edited to suit your needs if desired. I don't know how much coverage you'll get in local print classifieds. You could post a classified ad in some of the forums and specify face-to-face in Virginia only.

    Bill of Sale
    Transfer of Ownership


    For $______ received, I, (seller’s name here), have sold to (buyer's name here)
    One (1) ABC Model XYZ firearm description here, Serial # _____________
    Any other accessories here

    I represent that this ___________ is not stolen. I am the owner of the _______ listed above. If it can be shown now or in the future that this _______ was stolen prior to the date listed below, I will give the buyer a full refund for return of the _______ and all accessories listed above.

    Sold as is.
    No warranty is expressed or implied by the Seller.
    Seller assumes no responsibility after transfer of ownership has taken place.
    Seller assumes no responsibility of any/all aftermarket parts added to the ___________.
    Seller assumes no responsibility of any/all original equipment parts on the ________.
    Buyer assumes all responsibility when transfer of ownership has taken place.

    Seller specifically disclaims any warranties of merchantability or of fitness for a particular purpose of this ________ and disclaims all responsibility for consequential and/or incidental damages or any other losses arising from the use of said _________.

    Buyer agrees to the terms and conditions set forth and listed on this document, and acknowledges that he has received a true copy of this Bill of Sale/Transfer of Ownership and certifies that he is 21 years of age or older. Buyer acknowledges and understands that he will read the Owner’s Manual. Buyer agrees that it will be his responsibility when transfer of ownership has taken place to adjust, check, and follow all instructions as outlined in the Owner’s Manual. Buyer attests that he is able to legally buy and possess firearms.

    Buyer: Name Here
    Seller: Name Here

    Date:_________________________

    Buyer: _____________________________
    Address:____________________________
    Phone #: ____________________________
    Seller: ______________________________
    Address: ____________________________
    Phone #: ____________________________





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    hey ya all---newbe here and it's tooo bad about the dr. license thing---I live in Ohio and have been wanting a bushmaster type weapon for a long time and at $700 for yours, I'd like to see you Christmas morning!!

  14. #14
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    Welcome to OCDO, sparky. I know 357, and he sold the Bushmaster described here several weeks ago, so Santa's going to have to find one somewhere else.

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