[moe mensale]

You sell gun person uses it in a crime if you bought gun in store serial number comes back on you.
With no proof you sold it your a person of interest.

Not relevant, Mark. Yes, a traced gun may come back to you but so what? As a private citizen you're not required to have receipts for any personal possessions you may sell to someone else.

Being a "person of interest" means squat. A DA would have to have compelling evidence tying you to the specific crime in order to bring charges against you. Selling a firearm to someone who unknown to you then commits a crime with it is not a crime.

 

[mark5019]

Not relevant, Mark. Yes, a traced gun may come back to you but so what? As a private citizen you're not required to have receipts for any personal possessions you may sell to someone else.

Being a "person of interest" means squat. A DA would have to have compelling evidence tying you to the specific crime in order to bring charges against you. Selling a firearm to someone who unknown to you then commits a crime with it is not a crime.

and i was traced to you there going to take your word that you sold gun.
ask how many times the courts have heard that

 

[phantoms]

Wasn't there a couple members here that dealt with a sold gun and the police coming to them?

 

[gunsmoker]

yeah, but just because cops come to ASK questions doesn't mean you have to answer them.
If you think that telling them about the history of your gun ownership and eventual disposition of a particular gun isn't in your best interests, you can always decline to answer any questions and slowly and politely close the door in their faces.


But, if you play hardball this way and the cops manage to convince a judge to issue a search warrant, looking for a gun that a Federal form 4473 says YOU bought, and were known to own X number of years ago, you can expect that the way those cops conduct the search warrant will be very unpleasant.
They'll damage your property, detain you and your family at gunpoint during the search, cut off or drill any locks they find on any safe or locked cabinet, and they might even go though your computer and filing cabinets looking for records, receipts, photos, etc. relating to the particular gun they're looking for.

I'd rather cooperate. And if I have a bill of sale to show them, I'm 99% sure they'll take a copy of it and be on their way, and I'll never see them again.

 

[gunsmoker]

gun in police custody

Here's a much more common reason to have a bill of sale for a used gun that you buy in a private party transaction:

You may one day have to go to a police station to pick up that gun after it was lost / stolen & recovered / seized for safekeeping/ seized for evidence.

The cops are unlikely to give you the gun back (even if they took it from YOU, and their own officer's police report and evidence tag shows that!) without you proving to them that it was your gun prior to the incident where it was taken from you. They'll want a store receipt or at least a bill of sale from a private seller.

If you don't have that, they keep your gun. What are you going to do about that? Hire a lawyer and spend $500 in legal fees to get back your $500 gun?

 

[AtlPhilip]

But, if you play hardball this way and the cops manage to convince a judge to issue a search warrant, looking for a gun that a Federal form 4473 says YOU bought, and were known to own X number of years ago, you can expect that the way those cops conduct the search warrant will be very unpleasant.
They'll damage your property, detain you and your family at gunpoint during the search, cut off or drill any locks they find on any safe or locked cabinet, and they might even go though your computer and filing cabinets looking for records, receipts, photos, etc. relating to the particular gun they're looking for.

What you just described is extrajudicial punishment imposed by an unethical piece of ****.

 

[Tom S.]

Somewhat related question . . .

Not trying to hijack the thread here, so hopefully this is at least somewhat related. What happens if you sell a gun purchased from a private party that ends up being re-sold through an FFL and is determined to be stolen? I have collected WWII 1911's for years. Inherited quite a few from my late father's collection as well. Most, if not all, of them have probably changed hands numerous times over the years. I have no clue as to where they have been. What would likely happen if I were found to have one with a serial number that turned up on someone's naughty list?
Tom

 

[Nemo]

It would probably be taken from you and you would lose out on the value. Very unlikely anything more.

Nemo

 

[moe mensale]

I have no clue as to where they have been.

How are you supposed to deal with over 70 years of history? Most likely you can't. Enjoy your collections and don't worry about it.

 

[DonT]

I have several firearms with zero paperwork, all inherited from my deceased father or gifted from him. How do I "prove" those guns are mine? It's kind of like any other property, like a TV or appliance that got stolen. Who has receipts for stuff like that, to prove the items are yours?

 

[Rail]

Done this quite a few times. I don't require a bill of sale since state law doesn't require it, nor do I ask to see a permit or DL unless something about the transaction via email or in person raises suspicions.

If I see an out-of-state area code or out-of-state plates, I ask if they're an Alabama resident and to see their DL.

Usually a few back-and-forth emails via armslist will tell if the other person in the transaction is legit or has ulterior motives.

 

[Ronnie]

May I resurrect this thread? What if I have a gun, Live in Georgia,and a man in Alabama has motorcycle tires and wheels he wants to trade for my gun. Is a trade the same as the sale?

 

[Phil1979]

The law isn't just about sales. It's about transfers. Can't transfer over state lines without a FFL being involved.

May I resurrect this thread? What if I have a gun, Live in Georgia,and a man in Alabama has motorcycle tires and wheels he wants to trade for my gun. Is a trade the same as the sale?

 

[Adam5]

The law isn't just about sales. It's about transfers. Can't transfer over state lines without a FFL being involved.

This. If you live in different states you have to go throw a FFL.

If it’s a handgun you have to use a FFL in the receivers state. For a long gun you can use one in either state.

 

[Ronnie]

The law isn't just about sales. It's about transfers. Can't transfer over state lines without a FFL being involved.

Ah..Thanks

 

[Archangel]

This. If you live in different states you have to go throw a FFL.

How far do you have to throw him?

:rotfl:

 

[Adam5]

As far as you can. LOL

Autocorrect error.

 

[moe mensale]

This. If you live in different states you have to go throw a FFL.

If it’s a handgun you have to use a FFL in the receivers state. For a long gun you can use one in either state.

Ah, no. Any interstate transfer, whether handgun or long gun, must go through an FFL in the buyer's state.

 

[Adam5]

“Federal law for interstate gun sales and other transfers â€" those occurring between two people who are not Federal Firearm Licensees (FFLs) who live in different states â€" is pretty straightforward. A person who is not an FFL cannot acquire a handgun from anyone â€" an FFL or any other person â€" who lives in another state. A person (the “transfereeâ€) acquiring a long gun must do so through a licensed dealer (FFL). It can be an FFL in any state, the transfer must comply with the laws of the FFL’s and the transferee’s states.â€

https://www.nrablog.com/articles/20...ng-a-firearm-online-and-interstate-gun-sales/

 

[mrhutch]

Ah, no. Any interstate transfer, whether handgun or long gun, must go through an FFL in the buyer's state.

Wrong. You can buy a long gun out of state, you cannot buy a handgun out of state without having it shipped to an FFL in your home state.