Your personal gun buyer shakedown

[jsquared]

Another thread on trading had me wondering about this also. What lengths do you go to when selling a firearm to make sure (on a personal level) that you are not breaking the law?

Not really talking about concerns of selling to a person who could later use the firearm in a crime. While that is a concern of course (as is the gun being sent overseas, illegally modified, etc) it is not exactly in the same realm as the actual act of selling the firearm, which can be a crime under certain circumstances.

As it is there are numerous laws in the books that could land you in hot water for selling a gun to an unqualified individual.


From the BATFE:

Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]




Q: Are there certain persons who cannot legally receive or possess firearms and/or ammunition?

Yes, a person who —

1. Has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;
2. Is a fugitive from justice;
3. Is an unlawful user of or addicted to any controlled substance;
4. Has been adjudicated as a mental defective or has been committed to a mental institution;
5. Is an alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa;
6. Has been discharged from the Armed Forces under dishonorable conditions;
7. Having been a citizen of the United States, has renounced his or her citizenship;
8. Is subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or
9. Has been convicted of a misdemeanor crime of domestic violence
10. Cannot lawfully receive, possess, ship, or transport a firearm.

[18 U.S.C. 922(g) and (n), 27 CFR 478.32]

The kicker is in the first quote above, "...does not know or have reasonable cause to believe...". As long as you have no reason to believe the person is not allowed to own the gun you are good to go, right? Well, I have a feeling opinions will vary on this.

So, what do you personally do to ensure you are not transferring a firearm to an unauthorized individual? BoS, ask for ID, require a GWL, ask if they are eligible, etc. Let us know your thoughts.

 

[JWC]

I tell them up front that I will not buy/trade/sell with them unless they have a current GA drivers license. I do not ask for a bill of sale, but I will do one if the buyer/seller/trader asks for one.

 

[bearpugh]

i ask if they can legally purchase. if i don't know, i've covered the bases. if i do, no deal. a gwl is nice.

 

[sovietak474u]

I tell them up front that I will not buy/trade/sell with them unless they have a current GA drivers license. I do not ask for a bill of sale, but I will do one if the buyer/seller/trader asks for one.

This.

 

[gr8full2day]

Ask if it is legal for them to own and possess a firearm, age, and georgia resident (i.e license, GWL, etc)...Think those are the three legal issues...

 

[DaveTheMinion]

Meh, I ask them for a license to show legal ga residency, if they are already in posession of one and I'm trading I take that as being legally able to own a handgun, I also Kinda check the dude out, if they seem fairly normal I don't mind selling or trading, but I do cover the bases. One thing I will say though, if I see an LSU, FSU, AU, or Roll tide logo ANYWHERE, ****ing deal is off......I'll GIVE a 1000 gun to a known felon before I'll profit by selling to an LSU fan.

 

[stepup]

I just ask them through a pm and then I have it on paper that I thought they could legally own a firearm. I will do a bill of sale if they want one. If they don't i'm fine too. I know alot of people who can legally own firearms but don't have there CCW permit.

 

[glock27]

No green cards here!

 

[samurai]

Most people I deal with have the GWL (or whatever they are called this month) and I require a Ga. DL. for residency and age. I do give a bill of sale on a sale and require one on a purchase - all discussed before the actual transaction.

 

[obiwan]

One thing I will say though, if I see an LSU, FSU, AU, or Roll tide logo ANYWHERE, ****ing deal is off......I'll GIVE a 1000 gun to a known felon before I'll profit by selling to an LSU fan.

Wow, taking the college thing a bit far, don't you think? Just say'in.

If I'm a little bit unsure of the person, either because he has no feedback or something out of the norm, I'll ask for them to sign the top half of this bill of sale to document I asked the questions - http://www.kcarmstrader.com/billofsale.pdf