Does A Gun Bill Of Sale Have To Be Notarized?

Gun sales and laws regarding them have been in the news lately. If you plan to sell a firearm in a private transaction, you may be wondering about the steps you need to take. One of the frequently asked questions is whether or not a gun bill of sale needs to be notarized. This article answers that question as well as others regarding a gun bill of sale.

What Is a Gun Bill of Sale?

A gun bill of sale is a legal document that provides details of the transfer of ownership of a firearm from a seller to a buyer. You can download a bill of sale template from LawDistrict. It outlines the terms of the transaction and serves as an official record that it has taken place on a specific date at a certain price.

Although most states do not require a bill of sale in private gun transactions, the document does provide the following legal safeguards:

Proof of sale. A bill of sale is proof that the transaction occurred. The seller cannot claim theft, and the buyer cannot claim they did not purchase the gun.
Proof of ownership. The document serves as proof of who previously owned the gun if there is a question of its history.
Intent of legal transfer. The bill of sale demonstrates that the seller intended to transfer ownership of the firearm.
Distinguishing details. The document should contain a description of the item, including the year it was made, make and model number, serial number, and any unique markings.
Condition. The seller can state that the gun is being sold “as is” to prevent the chance of disputes as to its condition.

Without a bill of sale, a previous owner may be liable for any future fees, fines, violations, or even criminal behavior associated with the gun. In other words, the document can help release the previous owner from accountability or blame if something illegal happens with the weapon after the sale.

Does a Gun Bill of Sale Need to Be Notarized?

Notarization is a legal process that assures both parties of a transaction that a document is authentic, its signatures are genuine, and the signers are acting without any intimidation or coercion. A notary public is a person authorized by the state to handle this process. In addition to certifying documents, a notary public can administer oaths, take acknowledgments, and, in some cases, take depositions.

In most states, a gun bill of sale generally does not need to be notarized. However, notarization does add another layer of legal protection for a private transaction. With legal protection in mind, here are some steps to take.

Find out your state and local laws. State and local firearm laws can and do vary across the U.S. for private transactions. For example, some states mandate background checks for private gun sales, while other states have no regulations in place. Therefore, it’s essential to review your laws before making a gun sale or purchase. You can contact your state’s Alcohol, Tobacco, Firearms (ATF) office for the necessary information.
Run a background check. Thirteen states and the District of Columbia currently require background checks for all gun sales, including private transactions. If you live in one of these locations, your local ATF office can tell you how to conduct the test.
Ask to see the buyer’s gun license or gun permit. Since getting a license involves a background check and some basic gun safety training, this step can give the seller some sense of security.
Meet in person for the sale. When you meet a buyer in person, you can verify their identity and that they live in your state. This step is important because you cannot sell or send a firearm across state lines without obtaining a background check from a licensed firearm dealer in the other state.
Prepare the bill of sale. This document will finalize the sale of the firearm and allow officials to trace the gun’s ownership should that be necessary.

What Information Should a Gun Bill of Sale Include?

Once again, state and local laws may vary. However, a gun bill of sale should include the following information:

Seller details. The full name and contact information of the individual transferring the firearm to the buyer.
Buyer details. The full name and contact information of the person receiving the gun from the seller.
Firearm details. A full description of the weapon and its current condition.
Payment. The amount of money paid for the transaction.
Warranty. Information on any guarantees on the item or if it is being sold “as is.”
Date. The date of the sale.
Signatures. Both parties should sign the bill of sale.

After the bill of sale is completed and signed, each party should have a copy of the document for their records.