Affidavit And Bill Of Sale For A Non-Nfa Firearm (Page 2 of 2) in pdf

NSTRUCTIONS FOR USE OF

FFIDAVIT

ILL OF

ALE FORM

This document contains the instructions for use of the "Affidavit and Bill of Sale" form. These instruc-

tions must be followed to the letter for transfer of handguns unless otherwise stated; a failure to use the

form properly can result in serious legal problems, including criminal prosecutions. Long guns have

more liberal rules, but we strongly suggest that you follow the same procedure.

The form is designed to facilitate the transfer of a handgun between private parties, neither of

whom is in the business of buying and selling firearms, and neither of whom is licensed as a dealer in

firearms by the Bureau of Alcohol, Tobacco, Firearms, and Explosives ("BATFE"). It is also designed

to provide documentation of ownership, for example if the gun should be lost, stolen or destroyed and

the owner has to be able to make a report to law enforcement or an insurance company, or even to

prove ownership for a subsequent transfer to another person.

Both the seller and the purchaser must be actual residents of the same state at the time of the trans-

action. It is possible, under BATFE regulations, for one person to be a resident of more than one

state, but at the time of the transaction, he must be actually residing in the same state as the other

party. In a face to face transaction, both parties should inspect the identification of the other to verify

that the proper name and address was used on the form, and check a picture-id if possible to confirm

the identity of the other party. If any aspect of the transaction is questionable, don't go through with it

until the confusion is cleared up.

The form functions as an affidavit, which can be used to justify the shipment of a handgun to a

non-federal firearms licensee within the same state. This must be done using a common carrier, such

as Federal Express or UPS. Handguns cannot be mailed by non-licensees (USPS Domestic Mail

Manual Rule 11.1.2). The Gun Control Act of 1968, section 992, makes it a crime for a nonlicensee

to ship a firearm "in interstate commerce" which basically means beyond the borders of his state of

residence. For protection of the seller from prosecution, shipment of a handgun from one private

party to another within the same state should be done, if, and only if, the affidavit has been executed

first, and the shipper has an original of the affidavit in his possession prior to the shipment. There is

no federal record keeping requirement, and this affidavit is designed only for the protection of the

parties from legal attacks on other grounds.

The use of the affidavit can provide a reasonable basis for the assertion that the seller did not have

reason to know that the purchaser was in reality not entitled to purchase a handgun. It is not a way of

getting around the requirement that the seller have a good faith belief that the purchaser was not

violating the law by his acquisition of the firearm. It is reasonable to rely on the purchaser's sworn

statement, unless and until the seller has knowledge of other facts not stated within the affidavit which

effectively give him actual notice that the purchaser is not entitled to purchase a handgun. For exam-

ple, if someone happens to mention, "I think I know that guy; I think that he was convicted of armed

robbery ten years ago.", that gives rise to a duty to check on the facts, notwithstanding the affidavit.

In a case like that, and where the purchaser says "I lived in Oklahoma, but that was not me.", have

him get a criminal background check from where he lived in Oklahoma and show you that he was

never convicted, or else execute the transfer through a federal firearms licensee who can get the

purchaser to fill out the standard form and submit to an NICS check.

Note that the terms state that the only thing the Seller is promising is that he actually owns the gun

and has legal authority to sell it. It is assumed that the Purchaser is aware that he is buying a used gun

from a person who gives no warranty, and has negotiated the price he's willing to pay accordingly.

Not all of the fields listed under "identification" need to be filled out - guns made in the U.S. will

not have an "importer", for example. But all of the information normally required for adequate iden-

tification should be available and should be filled out completely.

: D

L. H

, E

UTHOR

ANIEL

AWES

FOR

IRGINI A

EGAL

EFENS E

110327 :

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Affidavit And Bill Of Sale For A Non-Nfa Firearm Page 2

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