geoff40
Member
Refund his money. Under no circumstances would I give him the revolver. You don't want to lose your gun rights over this. He probably needs the money for his lawyer anyway.
Be careful who you sell a firearm to.
- Thread starter E Z MUNNY
- Start date
quneur
Member
First mistake was that you gave him your address. Never give a stranger your address especially considering he now knows you have guns in the house. What's to stop him from using the same gun then turn it on you?
Second was not checking for a valid ID to make sure the buyer was not from out of state. Gun laws falls within state jurisdiction not federal. Federal laws apply if weapons cross state lines.
Third was accepting his check. In order to cover yourself, you should have move to next door parking lot (so as not to involve the store's ffl) and completed the transaction. It does not make it right but atleast you in good conscience didn't know of his past/current transgressions. If you did have any reservations then you should not have accepted the check. I would have gone back in to the store and would have the clerk 'put it on consignment' knowing they had an immediate buyer. Pay the consignment fee then leave. The store will notify the buyers PD or sheriff's office for background check and flags will pop-up. The gun will be returned and you'll probably lose the fee but atleast you'll be able to sleep at night.
But in your situation, I would go to where the man's incarcerated and tell the officer your story. Leave the cashier's check and little note saying the laws prevent you from completing the transaction and that you couldn't keep the money in good conscience. Hope things turn out for you, blah, blah, blah.
Good luck with whatever you decide to do.
Second was not checking for a valid ID to make sure the buyer was not from out of state. Gun laws falls within state jurisdiction not federal. Federal laws apply if weapons cross state lines.
Third was accepting his check. In order to cover yourself, you should have move to next door parking lot (so as not to involve the store's ffl) and completed the transaction. It does not make it right but atleast you in good conscience didn't know of his past/current transgressions. If you did have any reservations then you should not have accepted the check. I would have gone back in to the store and would have the clerk 'put it on consignment' knowing they had an immediate buyer. Pay the consignment fee then leave. The store will notify the buyers PD or sheriff's office for background check and flags will pop-up. The gun will be returned and you'll probably lose the fee but atleast you'll be able to sleep at night.
But in your situation, I would go to where the man's incarcerated and tell the officer your story. Leave the cashier's check and little note saying the laws prevent you from completing the transaction and that you couldn't keep the money in good conscience. Hope things turn out for you, blah, blah, blah.
Good luck with whatever you decide to do.
JD in Colorado
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Go to the agency that arrested him. They should be more than interested that he was attempting to purchase a gun without a background check. I'm thinking he was waiting for some one in your situation so he could purchase a gun without the background check.
JD
JD
Peter J.
Member
If you go to law enforcement and mention "gun", then they will want to "see" the "gun". Since he already "paid" for the "gun", they will want to "keep the gun for investigation and safe keeping". Good chance you won't ever see the gun again. I personaly wouldn't want to talk to anybody about the gun until he contacts you, and just give him the money back for the money you "borrowed" from him a while back.
EZ MUNNY,
On your computer, type in WCCA. It's a court records site. If
the buyer has any convictions, they'll show up there. I don't know if other states have the same set-up, but we do. Any thing shows up
there, will help your concience when you hand over the money.
If he's got the bad judgement to run afoul of the law, he may not
have any better judgement about firearms. You Don't want to be a
party to his next shenanigans. Good luck! TACC1
On your computer, type in WCCA. It's a court records site. If
the buyer has any convictions, they'll show up there. I don't know if other states have the same set-up, but we do. Any thing shows up
there, will help your concience when you hand over the money.
If he's got the bad judgement to run afoul of the law, he may not
have any better judgement about firearms. You Don't want to be a
party to his next shenanigans. Good luck! TACC1
I retired from the Dept of Corr in Madison about 3 years ago and am acquainted with the WCCA website. I looked on it for this guy and like I wrote a couple of days ago the only conviction was for 'driving under the influence' which is a misdemeanor, not a felony. The other entries are for charges only, not convictions so legally he can still own a gun since state law says 'innocent until proven guilty'.
I went to the police dept in his town this morning, told them the situation and they said to wait until he calls me. Then I will tell him the deal is off as I had changed my mind about selling and I will return his money preferably by mailing a cashier's check to him. They said if he gives me any difficulty to give them a call and, that they couldn't care less about the gun, they just didn't think he should have it.
It is perfectly legal for a Wisconsin resident to sell another Wisc resident a handgun without a background check, it happens at gunshows here all of the time. I also do not believe he was looking for a gun to buy 'illegally', he was just an opportunist (Believe me, you had to have been there). The guy came in on a $3,000 carbon-fiber racing bicycle wearing spandex bicycle clothes and absolutely no room to carry anything except 2 water bottles. Does this look like someone looking for illegal firearms to buy ? I don't think so.
I went to the police dept in his town this morning, told them the situation and they said to wait until he calls me. Then I will tell him the deal is off as I had changed my mind about selling and I will return his money preferably by mailing a cashier's check to him. They said if he gives me any difficulty to give them a call and, that they couldn't care less about the gun, they just didn't think he should have it.
It is perfectly legal for a Wisconsin resident to sell another Wisc resident a handgun without a background check, it happens at gunshows here all of the time. I also do not believe he was looking for a gun to buy 'illegally', he was just an opportunist (Believe me, you had to have been there). The guy came in on a $3,000 carbon-fiber racing bicycle wearing spandex bicycle clothes and absolutely no room to carry anything except 2 water bottles. Does this look like someone looking for illegal firearms to buy ? I don't think so.
Alpo
Member
Really? He has not been convicted of a crime, but the cops have decided "he should not have a gun"?
computeruser
Member
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***? The police are hardly experts on matters of contract law and I'd be damned if I'd turn the gun over to them.
Return his money. If he balks, kick in $20 for interest. Problem solved.
EdnAZ
Member
Wrong. Federal laws apply to any firearm that has ever "traveled in or affected interstate commerce". This is virtually any firearm.
akviper
Member
The original post refers to a harassment/restraining order violation as part of the arrest. Restraining orders usually fall under the federal laws prohibiting possession of firearms and even ammunition. Thanks to the federal laws conviction is not needed. You only need the accusation and a judge willing to issue the order. As Feralmerril mentioned it is easily abused by those in marital strife or significant other woes.
JcMack
Member
If there's a GS you frequent, I'd stop by and ask if they'll do somekind of a transfer paperwork for you. It will require his and your presence. If the buyer refuses return his money. For now I'd keep the money and gun. Until about 12 years ago Indiana required all person to person gun sales be documented in this way. Such documentation is no longer required. Some folks are still uncomfortable without it.
