A firearm bill of sale, or gun bill of sale, is a legal document that records the sale of a handgun, rifle, shotgun, or other type of gun between a seller and a buyer. In exchange for a certain amount of money, the seller agrees to transfer ownership of a firearm to the buyer.
A firearm bill of sale is not usually legally required when privately purchasing or selling a gun. However, many owners consider it a wise practice to protect themselves with an official and signed bill of sale, should future legal or criminal issues arise involving the sold weapon.
1. Firearm Bill of Sale Requirements
A firearm bill of sale serves as proof of purchase and should include the following details:
- The “Seller” or “Grantor”: the person who currently owns the gun being sold
- The “Purchaser” or “Grantee”: the person buying the gun or becoming the new owner
- The “Property”: a complete description of the gun being sold and its current condition
- The “Payment Terms”: amount of money paid or “value received” by the purchaser
- The “Warranty”: whether the weapon is being sold “as is” or if there are any guarantees
- The “Date”: when the firearm was sold by the seller to the purchaser
2. When You Need to Use a Firearm Bill of Sale
Why do I need a firearm bill of sale?
Technically, you are not legally required to use a firearm bill of sale when privately selling (or buying) a gun. However, using a firearm bill of sale does protect you by proving the following:
- a transaction actually occurred, meaning the other party cannot claim theft or that they never received the gun
- the firearm, to the best of your knowledge, truly belonged to the seller and was not stolen
- the seller intended to transfer ownership of the gun to the purchaser
- which gun was transferred (i.e. year, model, make, serial number, unique markings)
- the seller made promises and assurances as to the condition of the firearm or sold it “as is”
In short, a firearm bill of sale protects you from liability or fraud, whether you are the seller or buyer
Which states require background checks on private gun sales?
While you may not absolutely need a firearm bill of sale to complete your purchase, in some states you must conduct your transaction through a licensed gun dealer. Having a firearm bill of sale will help document the transaction.
In many cases, the law is complex or unclear, so your safest bet is to contact your local Alcohol, Tobacco, Firearms (ATF) office and ask for information.
Notable ATF Offices:
- Northern California (San Francisco) Branch Office
- Northern Florida (Tampa) Branch Office
- Northern Texas (Dallas) Branch Office
3. Consequences of Not Using a Firearm Bill of Sale
A firearm bill of sale is one piece of evidence used to document or transfer ownership. While gun rights advocates have successfully lobbied against a gun registry, thus removing the need for gun title of ownership, not having a firearm bill of sale could make you vulnerable to certain legal consequences.
Without a firearm bill of sale to prove the sale took place, the seller may get in trouble for anything the new owner (the buyer) does with the gun. This includes any fees, violations, fines, or even criminal behavior of the buyer. While you would likely be able to prove your innocence in court, you can avoid letting things get to that point with a firearm bill of sale.
4. What Should be Included in a Firearm Bill of Sale?
A simple firearm bill of sale should include the following basics:
1. Parties to the Firearm Sale
- Names and addresses of the seller and purchaser of the gun
- Signatures of the seller and purchaser
2. Description of the Firearm
- Firearm’s serial number
- Firearm’s make and model
- Firearm’s color, accessories, customizations, and materials
3. Condition of the Firearm
- The firearm is “sold as is” unless you have agreed to something else
- Certifies that the seller is the legal owner of the firearm
4. Details of the Firearm Sale
- Date of purchase
- Sale price
- Payment arrangement (i.e. paid in full, initial down payment, or installments)
5. Delivery of the Firearm
- Available immediately
- Pick up at a later time from a specific address
- Delivery at a later time (additional charge for delivery may apply)
5. Free Firearm Bill of Sale Template
Firearm Bill of Sale
Seller Information
| First Name | Last Name |
| Address | Driver’s License # |
| Telephone |
Purchaser Information
| First Name | Last Name |
| Address | Driver’s License # |
| Telephone |
Firearm Information
| Caliber | Make | Model | Price |
| Serial Number | Condition | Notes | |
I, ____________ (the “Seller”), hereby sell, transfer and convey all rights, title and interest in the above described firearm (the “Firearm”) to _______________ for and in consideration of the total sum of $ _____________, plus any applicable sales tax, paid personal check and cash and credit card and the receipt of which is hereby acknowledged. This sum represents the mutually agreed upon purchase price of the Firearm, between both the Seller and the Purchaser.
The condition of the Firearm is _________.
The undersigned Seller certifies that the Firearm has never been used in a manner of questionable or certain illegality.
The Seller certifies to the Purchaser that the Seller is the legal and rightful owner of the Firearm and has full right and authority to convey the same.
The Seller assumes no responsibility after the transfer of ownership of the Firearm.
The undersigned Seller declares under penalties of perjury that the statements herein contained are true and correct to the best of his or her knowledge, information and belief.
The Purchaser represents and warrants that he or she is of legal age to own and operate the Firearm, and the Purchaser is not violating any local, state or federal laws by accepting possession of the Firearm.
The Purchaser has not been legally prohibited from purchasing, owning or firing any form of firearm.
The Purchaser affirms that the Firearm details are legible and correct.
The undersigned Purchaser accepts receipt of the Firearm described herein and understands and acknowledges that the firearm is sold in “as is” condition without any guarantees or warranties of any kind, either express or implied,
| ____________________ | ____________________ | ____________________ |
| Seller Full Name | Seller Signature | Date |
| ____________________ | ____________________ | ____________________ |
| Purchaser Full Name | Purchaser Signature | Date |
Notary Acknowledgment
State of _______________________ )
)
County of _____________________ )
On this ______ day of ______, 20___, before me personally appeared ___________, known to me or satisfactorily proven to me to be the person whose name is subscribed in the foregoing instrument, and acknowledged the due execution of the same.
_____________________________________
Signature
_____________________________________
Notary Public
My Commission Expires: ________________
State of _______________________ )
)
County of _____________________ )
On this ______ day of ______, 20___, before me personally appeared ___________, known to me or satisfactorily proven to me to be the person whose name is subscribed in the foregoing instrument, and acknowledged the due execution of the same.
_____________________________________
Signature
_____________________________________
Notary Public
My Commission Expires: ________________