Be careful who you sell a firearm to.

[E Z MUNNY]

About a month ago I was in my local gunshop and had brought along a model 27 I was thinking of selling. I didn't really expect the dealer to buy it (and he didn't) but a customer talked to me outside and said he would give me what I wanted and promptly wrote out a check. He did not want to take the revolver at that time as he was on a racing bicycle and didn't have any place to carry it but said he would drop by my house later in the week and pick it up. After this was done he left so I went back inside and asked the dealer about him. The dealer said he had known him for several years and thought he was an investment broker. I was concerned about the check bouncing so went to a bank and promptly cashed it. He still hasn't picked up the revolver and Friday the dealer sent me an email with a little report from the local paper which said Mr John Doe had been arrested for 'Illegal use of a telephone, bail jumping (a misdemeanor) and harassment/restraining order violation.'

The money is long gone and I still have the revolver. It looks like he might be in jail so what should I do if/when he is released and stops by to pick up his purchase? (He is a LOT bigger than I am). I am well aware of the restrictions on firearm ownership by domestic abusers, convicted felons and so forth.

What do you think about all of this?

 

[Munsterf18]

I think if you won't or can't legally hold up your end of the deal you should give him his money back if he asks. Besides, if he's a "lot bigger" that would put that concern to rest.

Good luck!

 

[HotRoderX]

If I was in your shoes I call the police department explain the situation and get there advice on how to handle it. I have a feeling they well tell you to refund his money or turn the gun over to them.

 

[NKJ nut]

Just give him his money back.

 

[akviper]

If he has felony, domestic violence charges or a domestic restraining order you cannot sell the gun to him due to federal laws. He cannot legally possess it. I would figure out a way to refund his money. It's not your fault he now has criminal or civil charges preventing transfer of the gun.

It's too late now but it not a good idea to let a stranger know where you live. I would have arranged the exchange in a public parking lot.

 

[Dr.-d]

Give him back his money. If you spent it, well I guess you should now, give him back his money.

 

[Grog]

Am I the only one who chuckled when I read the post and then looked at the OP's user name?

 

[xray97]

I'm with everybody else, give him the money back. I think there are a number of ways that completing the transaction could come back to bite you.

 

[Wheelgunner840]

Grog;Am I the only one who chuckled when I read the post and then looked at the OP's user name?

I am guilty!


Simple answer to the question EZ. Scrape together the money and give it to him. Get a signed receipt!


WG840

 

[Sebago Son]

Just give him his money back.

Yup... in a check.

 

[Tech23]

Yup... in a check.

Give him cash or a money order, do you want someone like that to know your banking institution, and account number, he already has your address.

Tech23

 

[NCTexan]

If you spent the money (and can't replace it) before you gave him the gun... then you made yourself a problem.

I'd figure out how to get the scratch to refund it to him.

 

[blujax01]

If he has felony, domestic violence charges or a domestic restraining order you cannot sell the gun to him due to federal laws. ...

You cannot knowingly sell I believe is the correct phrase.
And how does an individual gain that knowledge? The answer is: he/she can't unless they can run a background check.
I only buy from or sell to licensed FFL's and people I personally know. The OP's scenario is one reason I don't have a problem with requiring mandatory background checks at gun shows.
Unless someone has a better way?

 

[badguybuster]

^Yup. What he said. The last thing you want is this moron telling the cops that he could "help" them catch someone selling illegal guns or some non-sense to make your life miserable

 

[35Rem]

Sell the gun? Duh! Then give him his money back, if he ever shows back up. "I figured you didn't want it any longer, no show, etc and someone else did. I have your money right here (hands cash to Felon)."

He will probably need the money more, anyway...hopefully!

 

[feralmerril]

Just how does a private party get a background check on a buyer? You dont have a FFL. Even if you could get a background check how would you prove you got the info if this was by phone? What if even if you do have a ffl, call the state #, get a go, yet humans make mistakes, and maybe the clerk didnt check right and says he`s good to go (but isnt), you sell the gun, he doesnt register it, offs someone or makes a withdrawal and drops the piece. What have you got to clear you?
Really, I am not this paranoid. I am just adding fuel to the fire for any nit pickers here, but inqueiring minds like to know and I like pointing out flaws in the system to dudley do rights.

 

[frank_drebin]

I personally would not have spent the money until the transaction was 100% complete.

 

[E Z MUNNY]

I really appreciate all of the replies - if and when I see him again I will have a cashier's check from a bank waiting for him. Cash is not good because he could then claim I had never returned it, the check would have to be endorsed by him. The cashier's check would also have a line to write what the check was for (in this case it will say 'return of purchase price for ---').

Not cashing his check until the gun was actually turned over didn't seem to be a viable option at the time. Some of us older, fixed-income types do not have readily available unlimited amounts of cash on hand and a small windfall like this is sometimes necessary to keep the proverbial wolf away from the door.

Unfortunately, 20-20 hindsight is not applicable here.

E.Z. MUNNY was my 'handle' for the Single Action Shooting Society and it now also seems to have been an unfortunate choice.

 

[feralmerril]

One of the reasons I got out of the gunshow circut in california was there was no real uniform rules town to town. It got real confuseing. I didnt have a ffl. Actualy it gave me a advantage over ffl sellers as they had the waiting periods etc. I went to one city and they had a new sign from the city posted at the door, a 3 day wait on all handgun transactions. Now this was about 1984 in california. Probley 90% of the sellers didnt have a ffl! Now since probley next to nobody knew how to get a background check, why the wait? Like, what purpose was the wait suppose to do? About that time also was when some ffl holders would have a table to do the paperwork for a big fee. They werent even selling any guns of their own at all, it was just a good money makeing use of their ffl`s. A local ffl holder from whatever town the show was would set up. I loved working the shows, but got out of them mostly because of the confuseing different rules city to city.

 

[thndrchiken]

First off handgun's have to be transferred via an ffl.