Hypothetical gun sale question

[petepeterson]

I was talking to a gent that expressed some interest in a pistol that I inherited from my grandfather a few years back.
He was a police officer for more than 30 years, and acquired a few along the way, left to my uncle, cousin, and me when he passed.

The hypothetical part-

While I'll probably keep it, I don't have much use for it. It was his, but not really "his," if that makes any sense. He was a Smith revolver guy, and then mostly hunting guns. He despised semi-autos, to the point of horrifically trading two sweet Colts for a .270 Remington.

If I sold it legally through an FFL. and there was something nefarious about the gun, what would happen? Would it be confiscated? I came into possession legally in my state, but that doesn't assure that he did.

Just something that got me thinking when the person I spoke to inquired about me selling.

 

[mike4sigs]

I was told Many Years ago that From City Police officer here in Indiana If a gun is run in the system and it comes up stolen he must confiscate it.

 

[Bald1]

This same logic could be applied to any used gun being sold by an individual. Nothing would ever get sold.

 

[Alpo]

"If I sold it legally through an FFL. and there was something nefarious about the gun".


How would anyone find out there was something nefarious about the gun?



If I sold my gun to, or through, a pawn shop, then when the pawn shop detail comes by and checks his books, there would be the serial number of the gun and they would run it to see if it was hot. But that's pawn shops.



If I took it to Billy Bob's Gun Emporium, Billy Bob would log it into his bound book, writing down the serial number, and then when my buddy Joe filled out the 4473 the serial number would again be written down. And that's it. Billy Bob does not call the cops and have the serial number run to see if it's stolen. He puts it in his book, he writes it on the 4473, and he puts it in the filing cabinet. Done.



So how would anyone find out there was something nefarious about the gun?

 

[petepeterson]

"If I sold it legally through an FFL. and there was something nefarious about the gun".


How would anyone find out there was something nefarious about the gun?



If I sold my gun to, or through, a pawn shop, then when the pawn shop detail comes by and checks his books, there would be the serial number of the gun and they would run it to see if it was hot. But that's pawn shops.



If I took it to Billy Bob's Gun Emporium, Billy Bob would log it into his bound book, writing down the serial number, and then when my buddy Joe filled out the 4473 the serial number would again be written down. And that's it. Billy Bob does not call the cops and have the serial number run to see if it's stolen. He puts it in his book, he writes it on the 4473, and he puts it in the filing cabinet. Done.



So how would anyone find out there was something nefarious about the gun?

I think you're answering my question.
I was mostly asking about the guns from back in the "good old days" that may have been swapped for a favor or another item, maybe. Maybe it was a stupid question.
I can just keep it in the family, too. Unfortunately, the boys aren't quite as intrigued by firearms as I am.

 

[Krogen]

I was talking to a gent that expressed some interest in a pistol that I inherited from my grandfather a few years back.
He was a police officer for more than 30 years, and acquired a few along the way, left to my uncle, cousin, and me when he passed.

The hypothetical part-

While I'll probably keep it, I don't have much use for it. It was his, but not really "his," if that makes any sense. He was a Smith revolver guy, and then mostly hunting guns. He despised semi-autos, to the point of horrifically trading two sweet Colts for a .270 Remington.

If I sold it legally through an FFL. and there was something nefarious about the gun, what would happen? Would it be confiscated? I came into possession legally in my state, but that doesn't assure that he did.

Just something that got me thinking when the person I spoke to inquired about me selling.

I'll give you a real-world, recent example. Some years ago, a buddy bought a Marlin 22LR position rifle. This was in days when face-to-face transactions were legal in Washington. Recently, he decided to sell it and execute a transfer at a local shop. Thanks (no thanks?) to the new laws, they did a check on it and found it reported stolen. My buddy knew and contacted the seller. The seller had inherited it from his father who was an firearms instructor at the YMCA (yeah a few years ago). The Army had issued the gun to the YMCA. Dead instructor took it home when the YMCA disbanded gun instruction. The Army reported it stolen when they didn't get it back. Might be it just disappeared from their inventory and they tagged it stolen.

Local police confiscated the gun and said there was no way to get to someone in the Army to return the gun. My buddy didn't knowingly buy a stolen gun, so he's in the clear. Still, he's out the initial investment. Sadly, the gun will be destroyed since they can't figure out how to give it back to the Army. It's just a stinky situation all around. But it does show what might happen if I try to sell some of the guns I bought from "some guy" at a gun show years ago. Despite executing a legal, good faith transaction back in the day, I have no idea of their history before government meddling became law. Probably everything is OK, but there's no good way to find out without financial risk.

 

[SnidelyWhiplash]

A lot depends on the jurisdiction. I used to live in a county where if you sold the gun to the gun store or a pawn shop they would put to out for sale right away. If they did a transfer that only required the form 4473 to be filled out and a background check done...the gun's serial number wasn't run.

In an adjacent county...the ordinance was every that was serialized...not just guns...had to be held for three weeks while it was reported to the local constabulary to see if it was reported stolen. After three weeks it could be sold.

One could always go to the local police and ask if they could search the NCIC system to see whether the gun was reported stolen. They may not do it...depends on their own protocols.

 

[LVSteve]

In an adjacent county...the ordinance was every that was serialized...not just guns...had to be held for three weeks while it was reported to the local constabulary to see if it was reported stolen. After three weeks it could be sold.

Maybe that explains the guns I see offered at auction by a certain company in AZ.

 

[Rudi]

I say keep it. You won't need to worry then.

 

[YeshuaIsa53]

Gimme shelter.

 

[CH4]

"If I sold it legally through an FFL. and there was something nefarious about the gun".


How would anyone find out there was something nefarious about the gun?



If I sold my gun to, or through, a pawn shop, then when the pawn shop detail comes by and checks his books, there would be the serial number of the gun and they would run it to see if it was hot. But that's pawn shops.



If I took it to Billy Bob's Gun Emporium, Billy Bob would log it into his bound book, writing down the serial number, and then when my buddy Joe filled out the 4473 the serial number would again be written down. And that's it. Billy Bob does not call the cops and have the serial number run to see if it's stolen. He puts it in his book, he writes it on the 4473, and he puts it in the filing cabinet. Done.



So how would anyone find out there was something nefarious about the gun?

Most jurisdictions require pawn shops to submit pawn slips to the local fuzz. They will run it.