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Buying a used gun from a friend, what do i have to do?

Discussion in 'Legal & Political Archive' started by shelt, Mar 25, 2010.

  1. shelt

    shelt Bend Member

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    So a buddy of mine wants to trade me his pistol in exchange for some computer work. (in Oregon)

    Do we have to file any paperwork for transfer or do I have any way to check the gun's history and make sure it's free and clear?

    Thanks for the info!
     
  2. glockguy

    glockguy Albany Oregon Well-Known Member

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    If you wanna be safe just make up a bill of sale...with the gun serial number on it and your information and his. In Oregon you aren't required to have a bill of sale.. he can just give you the gun and leave it at that... No FFL Transfer or Bill of sale.. unless you want to...
     
  3. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Depends how good of friends you are.

    If you have been tight since birth. Do work, trade, end of story nothing else needed.

    Though it may be a good idea for the both of you to have a bill of sale (or bill of work preformed) etc.
     
  4. shelt

    shelt Bend Member

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    I will write up a bill of sale to be safe, I have only known the guy a couple years.

    This basically just says I didn't come into contact with the firearm until X date?
     
  5. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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  6. DALE

    DALE Boring, Oregon Member

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    Be sure to report the value of the gun to the IRS as earned income.:laugh:
     
  7. 2gr8dgs

    2gr8dgs oregon Active Member

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    ..
     
  8. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    ... and of course set aside 40% of the value for your new healthcare fees!! :D
     
  9. Intoodeep

    Intoodeep Beaverton, OR Member

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    Call OSP do a quick check and you're all good.
     
  10. Dyjital

    Dyjital Albany, Ore Flavorite Member Bronze Supporter

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    Then sell it so you can cover the tax you'll have from buying it.
     
  11. Redcap

    Redcap Lewis County, WA Well-Known Member

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    I would do absolutely nothing. Straight, face-to-face trade. I absolutely do not believe in paper trails.
     
  12. shelt

    shelt Bend Member

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    I am in the mood to lean toward this idea. I hate to contribute to the regulatory system by volunteering my information to yet another piece of paper.

    I'm tired of the system, It obviously does not work judging by the sarcasm in this thread.
     
  13. longcolt

    longcolt Zephyrhills, FL Active Member

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    If I am the original purchaser of record for the firearm I will always insist on a bill of sale if I sell or trade a gun. That gives me a measure of protection if that firearm is used in a crime and my name pops up during an investigation. You have no way of knowing what the buyer might do with the gun at some future time, friend or not.

    If the buyer balks at filling out a simple Bill of Sale form, I will walk from the sale. Not worth the risk in this litigious society we live in.
     
  14. Stomper

    Stomper Oceania Rising White Is The New Brown Silver Supporter

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    I agree with you, it's not really any different than selling a car the way I see it... you get a bill of sale for it, because if the subsequent owner commits a hit and run, the cops go looking for the last person listed on the title.
     
  15. deen_ad

    deen_ad Vancouver, WA Well-Known Member

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    you'll even be able to get insurance under the new "plan".
    All they have to do is claim that owning a gun is a "health hazard" and then ban anyone that does things or owns a "healty hazard" from getting insurance or raising the rates so high no one can afford it.
     
  16. SICARIO

    SICARIO Oregon City Active Member

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    Exercise your right to privacy. If it's legal to have no paper trail, then have no paper trail.
     
  17. zeezee

    zeezee nowheresville Member

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    DING, DING, DING!!!! Correct answer!!! Buy that man a drink!
     
  18. pchewn

    pchewn Beaverton Oregon USA Well-Known Member

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    If you are the SELLER and:
    There is no paper trail of the gun to you, then sell without paperwork.
    There is a paper trail to you, then sell with a Bill of Sale to protect yourself.

    If you are the BUYER:
    Buy without any paperwork.
     
  19. shelt

    shelt Bend Member

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    I like it
     
  20. tionico

    tionico Thurston County Well-Known Member

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    actually, even a bill of sale is not necessarily needed for your protection IF you are the seller. All you need to do is make a record of the gun's serial number, make model and calibre, and the name of the guy who bought it with a statement that HE claims he is not a felon or otherwise debarred the use of arms. That way, if the man in the blue suit comes round knocking on your door, you can tell him to whom you sold it and when. IF you can find the piece of paper......

    if buying, the smaller the paperwork load, the better. My favourite scenario is "here's the gun, here's the money", shake hands and both disappear into the sunset. Or, drop the cash on the table, pick up the gun and walk. He picks up the cash. NO legal requirement for anything further.....

    As to "informing the IRS".... well, I suppose that might be a requirement.... but who's to say the true value of the work, other than yourself? Oh, futzed with the confuser for a while, maybe worth ten bucks...... besides, hey, you haven't really profitted until you've sold the pistol to someone else for cash. If I have one gun, you have another, and we swap, who profitted? Should HE report to the IRS the value of the repair work recieved? No, he lost a gun in the deal, how die HE profit? No, save the taxes for a REAL increase