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  #1  
Old 12-16-2011, 08:42 AM
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Default Caution - Gun Sale Sting

Apparently there is a task force in New York seeking out individuals - NOT FFL'S - who are offering firearms for sale on the Internet across the country - much like our classified's here.

They contact the seller and during the negotiations, casually mention that they could not pass a background check. Almost half of the deals in Ohio went through anyway.

It is against the law to sell someone a gun if you have such knowledge.

Be warned ...
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Old 12-16-2011, 08:53 AM
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im safe. i dont sell anymore, just buy. Now, if they have a few they want to get rid off............
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Old 12-16-2011, 09:19 AM
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But if you have a FFL send the weapon to a FFL, then you have nothing to worry about. The receiving FFL will catch them.
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Old 12-16-2011, 09:22 AM
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Someday, a prosecutor with a set of cajoles with prosecute those scumbags for straw purchases. I won't hold my breath, though.
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Old 12-16-2011, 09:30 AM
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Sooo, let me get this right.... I live in NY, a guy contacts me ,wants to buy my gun, tells me he cant pass the B/G ck.and still wants to buy. I'm not traveling to deliver. so its gotta go thru Vanns guns, up on bradford road. bet thats where the deal dies. and if I not mistakin, I dont have to do a ck if its a ftf in NY,( except a handgun).
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Old 12-16-2011, 09:38 AM
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This is just another attempt by Bloomberg to have stricter gun control laws.

He is very,very,very antigun. He is a billionaire who is surounded by an armed security detail so he doesn't need a gun. I'm a poor working man. No swarm of armed men around me. Another super rich %*# telling us how to live.
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Old 12-16-2011, 09:40 AM
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Y'know, I never have understood all this I keep hearing about the lucrative gun trade.

You got these guys from New York that drive down to Virginia, where it is ridiculously easy to buy a gun. They buy a Glock at a gun store and drive back to New York, where they sell it. So, drive a thousand miles, pay 500 bucks for a gun, drive back a thousand miles and sell it on the street for fifty bucks. I guess they make their profit in volume.

Then we have the Mayor of New York (or was it the Governor of the state?) hiring people and sending them to other states to buy guns illegally. I thought when two or more people discussed how to commit a crime, it was called "conspiracy", and was, itself, a crime. So the Mayor (or Governor) conspired, multiple times, with multiple people, to commit Federal felonies. Why isn't he in jail?

And now, Frank Smith, from New York, wants to buy my gun, and casually mentions that he "might" not could pass the call in. Not my problem. I can't transfer a gun to someone I know can't have it. But I'm not. I'm transferring it to Joe's Gun Shop, in Elmira. Once it gets to Joe's, then Frank has to fill out the 4473 and do the call in. If he can't pass the call in, I guess Joe got a free gun. If Joe gives him the gun without doing paperwork, or even though he failed the call in, then Joe committed the crime. Joe transferred the gun.
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Old 12-16-2011, 10:04 AM
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I don't have a problem with a task force that gets you on straw purchase deals. They are illegal. What I do have an issue with is some of the BS reasons that you can get against you and stop you from buying a firearm. "Shall not be infringed..." Unless... Poof, no gun for you...
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Old 12-16-2011, 10:41 AM
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Bloomberg and his ilk should be in orange jump-suits right now. The way he went about trying to "crack down" on straw sales would be like the police doing a drug bust by going out and trying to SELL narcotics, rather than buy narcotics the way they correctly do it....

In NY, FTF long gun sales have no real regulation to follow. A private individual can advertise and complete a sale of a long gun with another individual without having to fill out/file paperwork like a dealer has to.

Handguns are different. In NY, one CANNOT posses, handle or fire a handgun without a NYS pistol permit. The only exception being if a person is between the ages of 18 and 21 for instructional purposes. So, to proceed with a legal transfer of a handgun in NYS, the seller has to write out a receipt to the buyer with the guns make, model, serial, and caliber. Buyer does not take possession of the weapon till he takes that receipt to his pistol license office, presents said receipt and has the weapon added to his permit. (our permits list every weapon, make, model, serial and caliber). Once the weapon is added to the list attached to the permit, he then is issued a permission slip to take possession, gives that to the seller and then takes the gun home. The seller then has to submit that permission slip to his pistol office and has the pistol removed from his permit.

Same process for buying from a dealer. Have to add the handgun to the permit list before you can take possession.

With the laws as they are, I don't see how a private individual can be prosecuted for a straw sale...... But then again, this IS NYS!

Last edited by RIDE-RED 350r; 12-16-2011 at 12:45 PM.
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  #10  
Old 12-16-2011, 11:15 AM
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I don't know how true this is, but I heard from a couple of pretty well informed folks here, that when Bloombags cronies showed up a gun shows in TN they stuck out like a sore thumb.

This was a couple of years ago I understand. They were using male/female team to attempt straw purchases. He would look at a gun and then walk away. She would attempt to buy it. Saying it was going to be a gift for her husband/boyfriend.

One of the vendors is a good friend of mine and refused to sell to her. He said she sounded like she had just got off the L Train in the Bronx....lol. He lived in Westchester county for 25 years.

They won't go to a table run by a FFL. They see a laptop or 4473 forms and they walk right by.

At most of the private tables at the shows I attend, the vendors will ask you for your TN DL as proof of residency.

My friend and I run a table a couple of times a year. If you even look or act funny, we won't sell to you.

I have heard that one show had spotters in the parking lots looking for out of state cars and giving a heads up to the vendors inside.

If it doesn't feel right, it probably isn't.
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  #11  
Old 12-16-2011, 11:36 AM
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You can't sell a firearm to another if you "know" they are prohibited from buying one. So to me, the "sting" is they told you.
As to the whole state to state, that is a different regulation.

Q: To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
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  #12  
Old 12-16-2011, 11:57 AM
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Had my SKS on gunlistings.org last week, got an e-mail from someone saying he's from NYC, blah, blah,blah, and wanted to buy it. I just said "no longer for sale". I will not sell any of my guns out of state unless to an FFL.

Last edited by charliek; 12-16-2011 at 12:01 PM.
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Old 12-16-2011, 12:20 PM
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On FTF's, CYA. I exchange VADL & CHP with buyer/seller. No tickee, no shirtee! No one should do business with anyone from another state without an FFL.
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Old 12-16-2011, 12:38 PM
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I saw that press conference (?) on the news a coupla days ago. The way Blomberg seemed to be spinning it was that he really wanted all internet sales stopped. He did not differentiate dealer from individual transactions. Typical NYC BS. Let them mind their own cesspool and leave the rest of us out of it.
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  #15  
Old 12-16-2011, 12:50 PM
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Quote:
Originally Posted by Rule3 View Post
You can't sell a firearm to another if you "know" they are prohibited from buying one. So to me, the "sting" is they told you.
As to the whole state to state, that is a different regulation.

Q: To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
That's just it. In a legal FTF sale you really have to take a person at their word. Might not be a bad idea to ask to see a DL as proof of residency so you don't wind up implicated in some trafficking charge or some crazy BS like that.

But yes, I suppose the sting would hold up because the "buyer" is informing the seller that he's not sure if he can pass a background check. But to me the sticky wicket is the difference between a buyer saying he's not sure and flat out admitting he IS in fact ineligible. But, I guess in that case if a seller is confronted with that situation, it's probably best to play it safe and refuse to sell...
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Old 12-16-2011, 01:06 PM
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Here in Oregon, I would only do a FTF with another resident who had been issued a CHL. Thay way I am certain that he has been vetted by the state. Our local FFL is one of those who got messed with by BATFE in their schemes to get guns to the Mexicans, so caution is the word, for sure.
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Old 12-16-2011, 01:11 PM
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Blomberg is a ******
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Old 12-16-2011, 01:30 PM
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Didn't I hear something about some members of Bloomberg's police department putting guns on the streets of NYC illegally? Sounds like he needs to clean out his own sandbox first. That being said, we as gun owners have a big enough fight with the anti-gunners as it is. We don't need people making illegal sales and adding to our problems.

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Old 12-16-2011, 01:43 PM
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Quote:
Originally Posted by Straightshooter2 View Post
Didn't I hear something about some members of Bloomberg's police department putting guns on the streets of NYC illegally? Sounds like he needs to clean out his own sandbox first. That being said, we as gun owners have a big enough fight with the anti-gunners as it is. We don't need people making illegal sales and adding to our problems.

CW
if he did that, he'd run out of "valid arguments"
perhaps if some of us managed to weasel our way up the food chain to positions of authority over such things, we could burn these dingbats
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Old 12-16-2011, 05:04 PM
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Like Dooman says, it's the difference between "Don't Ask/Don't Tell" and having the potential buyer flat out make the statement that he/she could not pass a background check. If that statement is made, walk the deal. Immediately.
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Old 12-16-2011, 05:51 PM
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I haven't heard about NYS's attempt at the internet sting as outlined by the OP, but I don't doubt it.

What has been very recently written about in the newspapers and on TV newscasts (within the last couple of weeks) is the NYS A/G (Schneidermann) sending out agents to Gunshows in NYS and making purchases.
The buys made at the shows w/o haveing to go thru a NICS check or 4473 mostly from non-ffls, some not.
IIRC they made about 10 or 11 arrests in their show grazing.
Some after telling the seller they probably couldn't pass a NICS check.

** All sales at a 'gunshow' in NYS have to go thru a FFL dealer so that a NICS check and 4473 is done**
That's been the NYS law since 2000 or 2001.

It's the old GunShow Loop Hole thing and many just choose to disregard it.
Private sales at shows between non-ffls are not exempt. Some non-FFLs still set up at a table and even place a sign in front stating "Private Collection-No NICS Required".

Talk about asking for trouble.

We've got a new A/G (Schneidermann) & Gov (Andrew Cuomo-primary author of the AWB under Clinton,,and someone who will be running for POTUS in the near future, bet on it).
Both are very anti gun and said so. To expect less from them and their buddy Bloomberg, was foolish.
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Old 12-16-2011, 06:05 PM
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Quote:
This is just another attempt by Bloomberg to have stricter gun control laws
Saw this report on ABC World News, They were showing the gun buys going down and the false reports of not being legal to buy being made, etc.
But they didn't saythat the sellers were being arrested.
They then show Bloomturd spouting off his lame baloney about illegal internet sales.
Another Bloomturd setup......
As they say Money Talks and Bulls*** Walks !
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Old 12-16-2011, 06:29 PM
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One word for Bloomberg. And the Dept of Justice.

RICO
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Old 12-16-2011, 06:47 PM
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Quote:
Originally Posted by itslucky View Post
Blomberg is a ******
There's only 6 asterisks. Every colloquialism I can fit has at least 7 characters. I'm so confused. Joe
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