Maybe in your state (People's Republic of New Jersey) but not in every state.
Be careful who you sell a firearm to.
- Thread starter E Z MUNNY
- Start date
Maybe in your state (People's Republic of New Jersey) but not in every state.
Interstate they do(at the receiving end mostly), most states allow INTRAstate sales of handguns. Even in Ny you can sell face to face with a handgun license, no FFL needed.
feralmerril
Absent Comrade
Well my point was that citys, just like some of the gun manufactor`s were/are caveing in PC wise to the ATF and pulling unreasonable rules out of their butt that had no purpose and couldnt really be used just for window dressing to give "appearances" that they are doing everything they can do to kiss the ATF`s feet.
It causes mass confusion and I even have seen supposedly knowledge people and dealers argue about it with each other. (Maybe ATF agents even argue points of it with each other in the office!) Hell, we even do here, dont we! I just didnt want to hassel it anymore. Besides my ex ran off with a goffer that set up shows for one of the traveling promoters.
It causes mass confusion and I even have seen supposedly knowledge people and dealers argue about it with each other. (Maybe ATF agents even argue points of it with each other in the office!) Hell, we even do here, dont we! I just didnt want to hassel it anymore. Besides my ex ran off with a goffer that set up shows for one of the traveling promoters.
Alpo
Member
And now for the other opinion.
I'll use EZ for my example.
I sell EZ a gun. Take his money, give him the gun. When he gets home his wife gets mad because he bought a gun, they get into an argument, and he hits her. She calls the cops. BAM. Domestic violence. He now can't own a gun.
That's not my fault. I sold him the gun in good faith. I'm not going to give him back his money.
Now, let's change it just a little. He buys the gun, gives me the money, but asks me to hold onto the gun until he gets up the nerve to tell his wife. He finally tells her, she gets mad, they fight, he hits her, she calls the cops, BAM, he can't own a gun. This STILL is not my fault. I STILL sold him the gun in good faith.
I figger he's got a couple of options. He can give away or sell the gun, while I still have possession of it, and I hand it over to the new owner. That way he doesn't get in trouble for illegally being in possession. He and I can go to a gunshop where it can be put on consignment, again, with me carrying the gun so he is never illegally in possession. Or we can call the cops and say, "Officer Friendly, this gun belongs to EZ, but he can't possess a gun, so we are turning it over to the police. Please give him a receipt."
But I would not return his purchase price. His legal screwup is not my problem.
I'll use EZ for my example.
I sell EZ a gun. Take his money, give him the gun. When he gets home his wife gets mad because he bought a gun, they get into an argument, and he hits her. She calls the cops. BAM. Domestic violence. He now can't own a gun.
That's not my fault. I sold him the gun in good faith. I'm not going to give him back his money.
Now, let's change it just a little. He buys the gun, gives me the money, but asks me to hold onto the gun until he gets up the nerve to tell his wife. He finally tells her, she gets mad, they fight, he hits her, she calls the cops, BAM, he can't own a gun. This STILL is not my fault. I STILL sold him the gun in good faith.
I figger he's got a couple of options. He can give away or sell the gun, while I still have possession of it, and I hand it over to the new owner. That way he doesn't get in trouble for illegally being in possession. He and I can go to a gunshop where it can be put on consignment, again, with me carrying the gun so he is never illegally in possession. Or we can call the cops and say, "Officer Friendly, this gun belongs to EZ, but he can't possess a gun, so we are turning it over to the police. Please give him a receipt."
But I would not return his purchase price. His legal screwup is not my problem.
CQB27
US Veteran
Alpo, but now there is a big, mad, felon who thinks you ripped him off and that is your problem.
Do you actually KNOW he's been convicted?
Florida Guy
Member
feralmerril
Absent Comrade
Years ago in california you get a divorice, most of the time the womans lawyer automaticly put a restraining order on you. That alone could keep you from being around a gun!
When I was going through my divorice my ex asked for and got a restraining order to keep me away from all gunshows in california. At first my lawyer couldnt understand the reason and told me not to fight it.
My ex and boyfriend/latter husband were working the shows and I guessed they didnt want any possible confrontations at the shows. At the same time I had taken most of my guns out of the safe to a friends house. One compartment of the safe that was key lockable I couldnt get into as I couldnt find the key. This was some old fashion big mosslers floor safe. My best safe queen handguns were in that compartment, my uncles luger, my audie murphy colt new frontier and other old colt SAAs, lighting, remington derringer, colt DA 1878 45, a 44 smith 1st model russian etc. I thought them safe, didnt know they were gone along with the key. I busted the safe open 7 months later and found out why she got that restraining order!
When I was going through my divorice my ex asked for and got a restraining order to keep me away from all gunshows in california. At first my lawyer couldnt understand the reason and told me not to fight it.
My ex and boyfriend/latter husband were working the shows and I guessed they didnt want any possible confrontations at the shows. At the same time I had taken most of my guns out of the safe to a friends house. One compartment of the safe that was key lockable I couldnt get into as I couldnt find the key. This was some old fashion big mosslers floor safe. My best safe queen handguns were in that compartment, my uncles luger, my audie murphy colt new frontier and other old colt SAAs, lighting, remington derringer, colt DA 1878 45, a 44 smith 1st model russian etc. I thought them safe, didnt know they were gone along with the key. I busted the safe open 7 months later and found out why she got that restraining order!
As near as I can determine he has not been convicted of anything yet, only charged. (except for a driving under the influence 3 years ago which is a misdemeanor).
The official record is as follows,- 'This case has not been concluded. Unless a judgment of conviction is entered, the defendant is presumed innocent of all charges.'
An interesting question...
At the time the transaction occurred, was the man a felon or otherwise not able to legally purchase a handgun? If not, the transaction was then legal. However, and this is where it gets real interesting...if he became a felon after completing the transaction, but before delivery is made, does that mean you can't deliver the handgun to him? Does refunding the money take you off the hook? (One would think so...)
I think you should consult an attorney on this. Better safe than sorry.
And this is a good example of why I do not like to do private sales...
At the time the transaction occurred, was the man a felon or otherwise not able to legally purchase a handgun? If not, the transaction was then legal. However, and this is where it gets real interesting...if he became a felon after completing the transaction, but before delivery is made, does that mean you can't deliver the handgun to him? Does refunding the money take you off the hook? (One would think so...)
I think you should consult an attorney on this. Better safe than sorry.
And this is a good example of why I do not like to do private sales...
seagill
US Veteran
I see a lot of handguns for sale in the classified ads around here. Many (not all) will only sell to someone with a CCW. Background check dilemma solved.
Out West
Member
If you don't feel good about giving him the gun he paid for (under the circumstances, I wouldn't either), then you have to give him his money back.
Some might think that keeping the money is OK because the guy is an alledged skank. Or even a convicted skank. But to do so would just put one on the same level as the skank. The money was transfered, the first part of a contract, now either the gun is passed over, or for the concerns raised, the money is returned.
Out
West
Some might think that keeping the money is OK because the guy is an alledged skank. Or even a convicted skank. But to do so would just put one on the same level as the skank. The money was transfered, the first part of a contract, now either the gun is passed over, or for the concerns raised, the money is returned.
Out
West
EdnAZ
Member
Bear in mind that it may not matter if he has been convicted:
18 USC 922(d):It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child, except
that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury;
Note: Under indictment for a felony or a specified restraining order.
Give the guy his money back or deliver the gun to the PD and hope that they'll sort it out for you.
18 USC 922(d):It shall be unlawful for any person to sell or otherwise
dispose of any firearm or ammunition to any person knowing or
having reasonable cause to believe that such person -
(1) is under indictment for, or has been convicted in any court
of, a crime punishable by imprisonment for a term exceeding one
year;
(8) is subject to a court order that restrains such person from
harassing, stalking, or threatening an intimate partner of such
person or child of such intimate partner or person, or engaging
in other conduct that would place an intimate partner in
reasonable fear of bodily injury to the partner or child, except
that this paragraph shall only apply to a court order that -
(A) was issued after a hearing of which such person received
actual notice, and at which such person had the opportunity to
participate; and
(B)(i) includes a finding that such person represents a
credible threat to the physical safety of such intimate partner
or child; or
(ii) by its terms explicitly prohibits the use, attempted
use, or threatened use of physical force against such intimate
partner or child that would reasonably be expected to cause
bodily injury;
Note: Under indictment for a felony or a specified restraining order.
Give the guy his money back or deliver the gun to the PD and hope that they'll sort it out for you.
DeathGrip
US Veteran
I'm just worried that you cashed his check.Was the're any notation on his check?
NFrameFred
Member
These threads remind me of someone who is having an affair and is in a moral quandary about telling the wife and trying to make things right . . . yeah, I'd go post it all over the internet and ask for advice 
. . . after all, she'll never find out about it . . . 
. . . after all, she'll never find out about it . . . 
