New guy needs help with bill of sale

[Gunanddoglover]

I usually write up a description of the item with serial number, take a picture of their driver's license, Georgia Weapons License, car and license plate and my remote drone captures their facial image so I can document everything related to the sale in case they do something illegal with what I'm selling.

That's too complicated and time consuming, I get a fresh stool sample for my records.

 

[eightnsand]

If I owned any scary gun things I might take a picture of it along with it’s serial number as proof of ownership.
Go/No Go?

 

[GAgunLAWbooklet]

Like I said...I have first hand knowledge and experience.
...talked to chief, left with the pistol ...

I have one experience like you describe where a police agency said "bring your receipt" but after arguing with them, they backed down and were satisfied with just reviewing the police report to see who they took the gun from, and then they agreed to return it to that same person ( only looking at their photo ID).

I know about two other incidents from speaking to the actual person involved,
as an attorney / potential client consultation, where the cops would not back down and were still demanding "the receipt" for the rightful owner of the gun to get it back that's even after the law abiding citizen challenged them to cite any authority that gave them the right to keep the gun until a receipt was produced.
Now, they didn't hire me so I wasn't involved any further after the initial consultation but it seemed like the LEO agencies were well aware that they were doing wrong and they didn't seem to care --because they had the power.

And I've personally and professionally dealt with such arrogance by local government and law-enforcement officials in other situations --not involving a citizen trying to get their firearm back, but in other contexts. Even though you haven't experienced it, I am telling you as a matter of fact that there are government officials out there who will basically laugh at you and say: "well you claim that I am violating your rights, but you know I disagree. So what what are you gonna do about it, peasant? I have the entire city (or county) government on my side, an unlimited source of taxpayer funding for my legal fees, and qualified immunity from civil suits...so good luck with that."

 

[Rabbit2047]

you MIGHT look a little sketch every now and then...but you a hell of a nice guy!

Much appreciated. If you are going to the show in Duluth this weekend, come say hey. Look for the Purple Table

 

[spencer60]

I don't know that I would carry a gun I didn't have a receipt for.

I buy/sell/trade here often, but anything related to self-defense is 100% documented and factory stock or limited aftermarket (sights, red-dot, etc.). Using a gun you don't have a paper trail on in self-defense just gives the prosecution something else to start sniffing after.

And I don't mean some handwritten bill of sale BS. That counts for nothing. I want to be able to show that I did a 4473 from a licensed dealer for anything I would carry or use in self-defense.

Look at the BS coming out about the kid in Kenosha. He obviously couldn't have bought the rifle he used, which opened him up to all kinds of illegal weapons charges being thrown at him. If he gets convicted (or pleads) on any of the laundry list of charges they are pressing, that'll be the one that gets him.

As for this discussion... A hand-written BoS does nothing to protect you unless maybe you get it notarized. The cops certainly won't take it as a 'receipt', that's for sure.

 

[GAgunLAWbooklet]

Spencer, what a strange notion, that a handwritten bill of sale has no legal effect.
There's 500 years of caselaw and various statutes in all of Western civilization that says otherwise.
But you say not.
Why?

Check out this case from the Ga. Court of Appeals and
note the legal effect of a handwritten bill of sale as to a guy's personal property
that his creditors were looking to seize or
Ellis v. Rudeseal
56 Ga. App. 210 (1937)

 

[woodstock]

I usually write up a description of the item with serial number, take a picture of their driver's license, Georgia Weapons License, car and license plate and my remote drone captures their facial image so I can document everything related to the sale in case they do something illegal with what I'm selling.

You forgot the stool sample
Edit-GDL beat me to it

 

[Mr. Goodbar]

Another idea worth thinking about:

Your gun gets stolen and later recovered by the police.
You find out and get notified that it's been recovered from the thief's house, or some pawn shop, etc.
You want to pick up your gun and the police department says "Sure, but bring your receipt."
Now what are you going to do?
Keep in mind that if you forge a reciept with the seller's signature on it after-the-fact, that itself is a felony crime, even without any intent to defraud anybody.

Also, you might have a gun seized "for safekeeping" by the cops. They aren't holding it as evidence of a crime, but you were too drunk to keep possession of it, or you were in an accident and taken, unconscious, to the hospital. Other scenarios like this. The cops will give you your gun back in a day or two-- BUT THEY INSIST YOU SHOW A RECEIPT TO PROVE IT'S YOURS.

Yeah, it should be perfectly clear to them that it's yours because their officers obtained it from you! But, that kind of common sense is discouraged in all levels of the criminal justice system, from cops to lawyers to judges. You aren't allowed to think. You just have to follow the rules. And department policy (or just unwritten custom) is that nobody gets a gun back unless and until they bring in the receipt when they come to claim it.

Was in a motorcycle accident, hit so hard my gun came out of my holster and slid across the pavement, i was unconscious the whole time. Luckily a good Samaritan picked up the gun and gave it to the police. Guess what, weeks later i strolled in and got it without incident or proof or even mention of a receipt, the hardest part was timing

 

[Stampede]

I usually write up a description of the item with serial number, take a picture of their driver's license, Georgia Weapons License, car and license plate and my remote drone captures their facial image so I can document everything related to the sale in case they do something illegal with what I'm selling.

I ask for a signed and notarized note from their mom, to make sure de ain't nuffin' fishy goin' on. Perhaps you should consider adding that to your list.

 

[Matt Ellerbee]

The girlfriend over watches with her AK pointed at per.... buyer.