A firearm bill of sale is a form that documents when a firearm is sold. It may be used by a firearm dealer or by an individual. It is a legal requirement for most firearm dealers to complete a bill of sale when a gun is sold. For most individuals, creating a bill of sale is more about recordkeeping. This form provides information about both the buyer and the seller as well as identifying information about the weapon, including its make, model, and serial number.
A Firearm Bill of Sale is documentation sellers of firearms use to physically record the selling of their product(s) to a customer. Alternatively, the firearm bill of sale also acts as a receipt for the buyer of the firearm. This document generally includes seller information, details about the goods, location of the sale, price, buyer details and method of payment.
Both buyer and seller should sign the Bill of Sale form and each keep a copy as proof of purchase or proof of payment. This happens upon full payment being made, at which time the firearm changes ownership from seller to buyer.
This document explicitly disclaims any pre-existing warranties relating to the quality of the firearm. In this sense, the bill of sale differs from a Sales Agreement, which is a contract containing more specific terms and warranties.
The 'sold as-is' clause is an important element of a Bill of Sale document. The phrase refers to the firearm being sold in its current condition and implies that the buyer accepts the firearm as it is, including any potential or apparent faults.
This caveat protects the seller from any subsequent request for a refund from the buyer because of any issues arising after receiving and paying for the firearm. For instance, subsequent transportation undertaken by the buyer to take it to its eventual moorings may result in damage, which the seller is not responsibility for.
Any Bill of Sale may also be referred to as:
You can use a Firearm Bill of Sale strictly for the buying or selling of firearms, such as:
Alternative bills of sale can be created for other products.
A Bill of Sale protects both the seller and the buyer of the firearm in the case of any future issues, e.g. the firearm having been stolen prior to the current sale. Given many transactions being via cash, proof that the item was paid for in good faith with proper documentation protects a buyer of stolen goods. The buyer has proof of payment in full, should any query be raised later. Similarly, for tax purposes, retention of documentation offers a paper trail for both buyer and seller that can be audited.
As a sales document with an 'as-is' clause, the seller is protected against problems reported later by the buyer. The sale date shows when responsibility for the firearm was transferred from seller to buyer.
For insurance purposes, you will need to provide documentary proof of legal ownership. A correctly completed bill of sale can become proof of ownership of the firearm.
A Bill of Sale should be used by anyone who is looking to sell or purchase a firearm, whether:
The Federal Firearms License (FFL) is given to gun shops and businesses to allow them to sell, manufacture, and transport firearms and ammunition. A business with a FFL must follow special procedures, such as conducting background checks to allow customers to purchase firearms. Typically, gun owners do not need a FFL to sell a gun privately unless it is required by their state or local laws. A FFL is required to sell any firearms across state lines.
To apply for a FFL, you must complete an application, pay an application fee, and send the completed application to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The ATF is a law enforcement agency that is part of the United States Department of Justice.
You can work from a firearm bill of sale template online or draft your own document. If you draft your own, be sure to include the following information in your bill of sale document:
To sell a firearm, you should follow the following steps:
Is a license needed if providing firearm services such as repair, engraving, or customizing?
Yes. Any person carrying out business services is defined as a gunsmith dealer.
Who has to conduct a NICS background check prior to transferring ownership of a firearm?
Licensed businesses who deal with firearms are legally obliged to conduct a NICS background check prior to transferring ownership of any firearm to a non-licensed person, or when lending for use off-premises. This includes: importers, manufacturers and commercial dealers.
What if a firearm is lost or stolen in transit? Should the sender of the firearm report this if the recipient has already filed a report with the ATF?
Yes. Only the sender knows all of the detail of how and when the particular firearms were shipped. Also, disposition documentation of the sender needs to be reflect the subsequent theft or loss.
State
Permit Required to Purchase?
Registration Required After Purchase?
Alabama
No
No
Alaska
No
No
Arizona
No
No
Arkansas
No
No
California
Yes (PEN 26500)
Yes (PEN 21855)
Colorado
No
No
Connecticut
Yes (CGS § 29-35)
Partial
Delaware
No
No
Florida
No
No
Georgia
No
No
Hawaii
Yes (HRS § 134-2)
Yes
Idaho
No
No
Illinois
Yes (430 ILCS 65)
Yes
Indiana
No
No
Iowa
Yes (Iowa Code § 724.15)
No
Kansas
No
No
Kentucky
No
No
Louisiana
No
No
Maine
No
No
Maryland
Yes (Md Public Safety §5–117.1)
Yes
Massachusetts
Yes (MA Ch. 140 § 129C)
No
Michigan
No
Yes
Minnesota
Yes (Minn § 624.7131)
No
Mississippi
No
No
Missouri
No
No
Montana
No
No
Nebraska
Yes (Neb. Rev. Stat. § 69-2403)
No
Nevada
No
No
New Hampshire
No
No
New Jersey
Yes (N.J.A.C. 13:54-1.3)
Yes
New Mexico
No
No
New York
Yes (S 265.20, S 265.01)
Yes
North Carolina
Yes (N.C.G.S. § 14-402)
No
North Dakota
No
No
Ohio
No
No
Oklahoma
No
No
Oregon
No
No
Pennsylvania
No
Partial
Rhode Island
Yes (RI Gen. Stat. 11-47-35)
No
South Carolina
No
No
South Dakota
No
No
Tennessee
No
No
Texas
No
No
Utah
No
No
Vermont
No
No
Virginia
No
No
Washington
No
Partial
West Virginia
No
No
Wisconsin
No
No
Wyoming
No
No
A Firearm Bill of Sale documents the selling of firearm(s) 'as is' to a customer by a seller. It acts as a receipt which includes seller information, details about the goods, location of the sale, price, buyer details and method of payment. This document explicitly disclaims any pre-existing warranties relating to the quality of the firearm i.e. sold in its current condition.
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