Private Sale Stolen Gun

[GAGunguy]

Any chance that a LEO would come to our meet on the 19th and check serial numbers? Or is that not something you guys want? Just a thought. I got a few keeper that I would love to check.

My most favorite was a private sale from a Duluth PD, so I gotta assume that one's good.

 

[snake dr]

That's it!
I'll go with the finger prints like they do at the bank when cashing checks.

 

[Whiplash]

If the gun was stolen then the guy he bought it from had no legal right to sell it and thus the bill of sale has no meaning because he still has no legal right to own/possess the stolen merchandise.

BUT would that not show that he was indeed attempting a legal transaction

 

[Badger]

BUT would that not show that he was indeed attempting a legal transaction

Ask yourself this..if you were on jury...which sounds better to you..
I am an innocent purchaser, I bought in good faith and I have a BOS to show I was trying do the right thing OR I bought this gun from a guy I don't know..I have no idea who he is , he said his name was Fred or Frank or something like that, that is all I can tell you.

The DA says the gun was reported stolen, he had it in his possession = Theft by Receiving Stolen Property

How would you vote in the jury room.

 

[chirohunter]

Ok, am I missing a piece of the puzzle here? What about a receipt for the purchase? Would that be a binding document? I would think that would start the paper trail back to whomever sold him the gun at said gun show? Also, can we have the name of the "seller" of the gun so we know not to deal with him/her at future shows? This whole situation really bugs me because I know most of us on here have bought/sold firearms without BOS, much less a background check on the firearm. All my firearms I have purchased through dealers and done an outright FFL transfer, so that must mean Im covered? right?

 

[Badger]

Ok, am I missing a piece of the puzzle here? What about a receipt for the purchase? Would that be a binding document? I would think that would start the paper trail back to whomever sold him the gun at said gun show? Also, can we have the name of the "seller" of the gun so we know not to deal with him/her at future shows? This whole situation really bugs me because I know most of us on here have bought/sold firearms without BOS, much less a background check on the firearm. All my firearms I have purchased through dealers and done an outright FFL transfer, so that must mean Im covered? right?

Having a bill of sale from an individual doesn't automatically rule you out of an investigation but certainly doesn't hurt to have. It gives the police a place to begin in corroborating your side of the issue and possibly locating the individual if you had items such as D.L. Number and GWL number and county of issue. It presents a measure of doubt in your favor as opposed to "I have no clue who the person was I got this from"
AGAIN to all you guys that want to jump here about how worthless they are, don't jump at me..I'm not arguing about whether you should or shouldn't do a bos, you are all grown men and women, make your own decision.
I am only trying to answer peoples questions based on experience from a 30+ year career in L.E.


And , yes, if you bought all your guns from licensed dealers, you are covered, they can be traced from the dealer to you and vice versa...If you happened to buy a used stolen gun from a dealer, it is his problem to show where he got it and you re off the hook + he has to refund your money.

 

[Furiousbeen]

Can you get a cop to run the serial # on your gun to make sure it isn't stolen without taking it down to the police station ?

 

[woodstock]

Can you get a cop to run the serial # on your gun to make sure it isn't stolen without taking it down to the police station ?

Most have to have it in hand, whether they will come out and run the number, or you have to take it to them varies.

 

[Furiousbeen]

Most have to have it in hand, whether they will come out and run the number, or you have to take it to them varies.

That's scary, everyone of mine is from trading with no BOS. I'd like to know they're legal.

 

[rOmiLaYu]

Ask yourself this..if you were on jury...which sounds better to you..
I am an innocent purchaser, I bought in good faith and I have a BOS to show I was trying do the right thing OR I bought this gun from a guy I don't know..I have no idea who he is , he said his name was Fred or Frank or something like that, that is all I can tell you.

The DA says the gun was reported stolen, he had it in his possession = Theft by Receiving Stolen Property

How would you vote in the jury room.

That is, of course, only assuming that just the defense presents it's case. Allow the DA to talk to the jury and even with a BOS, it goes like this:

"Ladies and gentlemen of the jury, a "bill of sale?" Really? it's a piece of paper with two signatures on it. It's not a legal document. It's not notarized. How do I know that the defendant didn't get his neighbor to sign this after he printed it after he stole the gun and then gave it to him to hide all under the guise of a sale? The truth is, I don't...and neither do you...and that's why you must find the defendant guilty of theft by receiving stolen property."