MISSOURI PERMIT TO ACQUIRE HANDGUNS REPEALED!

K. L. Jamison
Attorney at Law

As of 28 August, 2007 it is no longer necessary to get a permit from the sheriff before buying a handgun. If an individual buys a handgun from a licensed dealer, the dealer will run the buyer through the National Instant Check System (NICS). That is all.

If an individual buys a gun at a gunshow, the dealer will run the buyer through NICS. People will say differently, they are lying.

If an individual inherits a handgun within Missouri, the executor of the estate only needs to give the gun to the heir. If the estate is outside of Missouri, the heir must comply with the laws of the other state. This is best done by having a licensed dealer transfer the gun to a dealer in Missouri. Federal law allows the gun to be transferred directly to the heir, however, this is one area where state law can be more complex.

If an individual buys a handgun from an individual, there is no requirement to run a NICS check. The gun is transferred like any other piece of property. It is not legally possible to run a NICS check unless the dealer is transferring the gun.

If the buyer and seller do not know each other it would be a good idea to have a licensed dealer transfer the gun. The dealer will then do a NICS check. This gives the Seller a piece of government paperwork showing that he did not sell to a prohibited person. The Buyer gets a piece of government paperwork showing that he was not knowingly buying a stolen gun. The dealer will charge a fee, but it is cheap insurance.

A bill of sale should be considered minimum documentation of a sale. One of my clients had his gun come to the attention of the police. At some point in its history it had been stolen and placed on the national list. There were some complications involving handcuffs and a holding cell before he could demonstrate that he did not steal the gun and did not know it was stolen. Documentation helps prove these elements.

I despise practicing law with fill-in-the-blank documents however the following provides some basics of legal protection.

BILL OF SALE

For $_________ cash and other valuable considerations from buyer, ___________________, Seller, sells, vends, and conveys to ________Buyer, a (Make and Model) _____________________ caliber _______ serial number ______________________.
Dated this ____ day of _______________, 200 __.



________________________ ______________________________
Seller ID # _______________ Buyer ID # _____________________

On this _____ day of _____________, 200 __, appeared before me _________________________, known to me to be that person and signed the above as his/her free act and deed.



_______________________
Notary Public

My Commission Expires:


On this _______ day of ___________________, 200 __, appeared before me _________________________known to me to be that person, and signed the above as his/her free act and deed.



___________________________
Notary Public

My commission expires:


Instructions: This is a very basic bill of sale, not a contract. It is not essential that it be notarized, but this proves the identity of both parties and is highly recommended. Date of birth and ID number is not required but helps prove whom you dealt with.

-end-

K. L. Jamison is a Missouri attorney and author of "Missouri Weapons and Self Defense Law".

For further information, visit our website at http://www.moccw.org/ or send email to moccw@bigfoot.com.

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