What exactly is the point in peeking at my gwcl?

[dondon48]

So in this hypothetical civil suit that no one has ever heard of happening before, but that could possibly happen, what's to stop the prosecuting attorney from convincing these simple people in the jury that I should have gone through an FFL to sell this hypothetical gun to a hypothetical buyer who then used it to hurt someone?

Even though it's not required by law in this state to ask for any proof that the buyer can legally purchase a gun if I am asking for said proof shouldn't I also do my due diligence by transferring the gun through an FFL if 'maybe' something bad could happen?

I understand your concern and for the record I have only bought and sold and traded guns here on the ODT and only with members who had more trades than I and with 100% feedback, so if I did sell to someone who couldn't legally own a gun so did a lot of ODT members, including some in this thread.

Bingo! Neither are bills of Sale nor checking id required and neither is going to save you in court...it's a gun and people will assume you should have sold through an FFL who could do a nics check...

 

[rbstern]

So in this hypothetical civil suit that no one has ever heard of happening before, but that could possibly happen, what's to stop the prosecuting attorney from convincing these simple people in the jury that I should have gone through an FFL to sell this hypothetical gun to a hypothetical buyer who then used it to hurt someone?

There is no prosecutor in a civil suit. It's the plaintiff's attorney.

Nothing is stopping the plaintiff's attorney from constructing whatever wild ass scenario he or she thinks will convince a jury. Obviously, at least some evidence and testimony are required for it to be convincing to a jury. If you're on the receiving end of such a legal assault, you need as much ammo as possible. Every thing you did will help, even the things not required by law.

Even though it's not required by law in this state to ask for any proof that the buyer can legally purchase a gun if I am asking for said proof shouldn't I also do my due diligence by transferring the gun through an FFL if 'maybe' something bad could happen?

If you went thru an FFL, the chain in this hypothetical never reaches back to you, because no sane attorney working on a contingency fee is going to try and pierce the PLCCA (Protection of Lawful Commerce In Arms Act of 2005), which gives the dealer a near impenetrable legal shield for a situation like this (barring fraud or negligence on the dealer's part).

What you have to remember, in a civil suit: Juries are allowed to assign partial blame. They can weigh and balance and assign blame as they see fit. Which is why you always look better to a jury if you went further to do what they would perceive as "the right thing." You want to be as least blame-worthy as possible. If you can look them in the eye and say "What I was did was legal, and I went out of my way to make sure it was legal for the other party, too," you are better off than saying, "What I was did was legal. Period."

I understand your concern and for the record I have only bought and sold and traded guns here on the ODT and only with members who had more trades than I and with 100% feedback, so if I did sell to someone who couldn't legally own a gun so did a lot of ODT members, including some in this thread.

It's undoubtedly happened in some ODT trades. Not saying it was willful on the sellers part. Just that it's bound to happen among thousands of transactions.

 

[Radar363]

If you went thru an FFL, the chain in this hypothetical never reaches back to you, because no sane attorney working on a contingency fee is going to try and pierce the PLCCA (Protection of Lawful Commerce In Arms Act of 2005), which gives the dealer a near impenetrable legal shield for a situation like this (barring fraud or negligence on the dealer's part).

What you have to remember, in a civil suit: Juries are allowed to assign partial blame. They can weigh and balance and assign blame as they see fit. Which is why you always look better to a jury if you went further to do what they would perceive as "the right thing." You want to be as least blame-worthy as possible. If you can look them in the eye and say "What I was did was legal, and I went out of my way to make sure it was legal for the other party, too," you are better off than saying, "What I was did was legal. Period."
.

So why not go through an FFL each and every time, just eliminate private sales and we can sleep safe at night knowing this hypothetical civil trial will never take place?

Again, until a case like you describe ever goes to trial I am not going to change the way I follow the law as it is written at this time.

 

[dondon48]

So why not go through an FFL each and every time, just eliminate private sales and we can sleep safe at night knowing this hypothetical civil trial will never take place?

Again, until a case like you describe ever goes to trial I am not going to change the way I follow the law as it is written at this time.

That's the point ...if you are worried and want personal information then you should pay an FFL to process the transaction

 

[rbstern]

That's the point ...if you are worried and want personal information then you should pay an FFL to process the transaction

If you're buying beer, how much of a fuss do you make at the cash register when they ask for a driver's license?

 

[rbstern]

So why not go through an FFL each and every time, just eliminate private sales and we can sleep safe at night knowing this hypothetical civil trial will never take place?

Again, until a case like you describe ever goes to trial I am not going to change the way I follow the law as it is written at this time.

It's unlikely you'd be aware of it. Most civil cases settle before trial, and you'll never know what the result/damage was.

 

[dondon48]

If you're buying beer, how much of a fuss do you make at the cash register when they ask for a driver's license?

Buying beer is not a constitutionally protected right...a concealed carry permit is an infringement...in any case I have not been carded since I was 13

 

[fattboyzz]

It's my business how I do things .

If you don't like it ,then pound sand Dr douchecanoe !

 

[BDR1]

It's my business how I do things .

If you don't like it ,then pound sand Dr douchecanoe !

Wow your fired up today...lol

 

[gh1950]

It's unlikely you'd be aware of it. Most civil cases settle before trial, and you'll never know what the result/damage was.

You would know that the case has been filed, which one hasn't, the allegations of fault, and you generally know the outcome.