What if? A private sale thought.
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Thread: What if? A private sale thought.

  1. #1
    Join Date
    Jan 2008
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    Sun Valley, ID
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    What if? A private sale thought.

    The thread about buying a gun from a private party in another state made me think about something regarding any private sale.

    What if the gun had been used in the commission of a crime?

    Would law enforcement buy the I just bought it argument? If you buy a gun from a private party, what type of documentation should you get?

    This makes me think that buying a new gun might be the better option, as you know where the serial number has been. I realize that the chances of buying a gun that has been used as such is slim, but I wouldn't want to be the one to find out that it was.

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  3. #2
    Interesting question for sure, which is why I'm a big fan of 'bills of sale' even between private parties.

    I'd recommend a bill of sale in duplicate, so each party can have a signed/dated copy of the sale/purchase for their personal records. While unofficial, it's enough to show when ownership transferred etc.

    If you complete a private purchase of a firearm with another you believe to be legally, lawfully selling his/her gun, the bigger question would then hover around potential circumstances in which LEO could/would get their hands on it to begin testing its past use. I'd imagine if you used said gun in a righteous shoot, the subsequent confiscation/investigation could be that opportunity for numbers & ballistics tests to be run. Other than that - how would they get it to test it?

    I mean, apart from bHo's civilan stormtroopers confiscating firearms in door-to-door collections I mean...
    "There is no consitutional right to be protected by the state against being murdered by criminals or madmen." (7th Cir. 1982, Bowers v. DeVito)Stay safe, and stay trained.www.sazsatt.com

  4. #3
    Because of the laws of most states that allow private sales without paperwork or background checks, simply being in possession of the weapon used in a crime would not be enough to convict. They would have to prove you USING the weapon in the crime. They would have to tie you to the scene of the crime somehow. It would certainly make you a prime suspect, though, and a bill of sale would provide a very good alibi.

    You do know out of state private party sales of both handguns and long guns are against Federal law. All out of state private sales must go through an FFL.

  5. #4
    Join Date
    Sep 2007
    Location
    Twin Falls, Idaho
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    292
    The secret is at least know or have some knowledge of WHO your selling to or buying from
    Good Luck!!!
    John
    http://www.packing4life.com

  6. #5
    I believe in the" bill of sale principle". Even if I don't make up a formal bill of sale, I get the person's name address, phone - and for us Peoples Republic of Illinois inmates, FOID.

    I'm not as concerned of the gun having been used in a crime and my being convicted because of such, as I am the Federalies confiscating the gun.

  7. #6
    Join Date
    Sep 2007
    Location
    Indiana
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    4,675
    That is exactly why I would not recommend buying a gun in a private sale from someone you do not know or trust. Sure the gun may be nice and you might get it for a price that you wouldn't be able to get it for elsewhere, but why take the risk?

    Quote Originally Posted by NavyLT View Post
    Because of the laws of most states that allow private sales without paperwork or background checks, simply being in possession of the weapon used in a crime would not be enough to convict. They would have to prove you USING the weapon in the crime. They would have to tie you to the scene of the crime somehow. It would certainly make you a prime suspect, though, and a bill of sale would provide a very good alibi.

    You do know out of state private party sales of both handguns and long guns are against Federal law. All out of state private sales must go through an FFL.
    Any society that would give up a little liberty to gain a little security will deserve neither and lose both.

    Benjamin Franklin

  8. #7
    Circumstances not elaborated upon, but I've had the guns I had with me run through the wringer by a cop.
    Two were new, and drew no extra attention, but the second-hand pistol I bought brought about the question, "Do you know (John Smith)?"
    So I respond, "Who?"
    Cop: "John Smith."
    Me: "Sounds familiar, but no, can't say I do."
    Cop: "OK. No big deal. Records show he was the last known owner of one of your pistols."
    Me: "OH, that's probably the guy my landlord bought it from. I bought it from my landlord."
    Cop: "It's ok. It's not reported stolen or anything."
    Me: "I should hope not."

    This encounter inclines me to echo the last poster: Do not buy from a private seller without having a solid trust in them.

  9. #8
    Here in FL, it is against the FL Constitution to have a "firearm registry" of any sort, therefore the only thing they can do here is check to see if the firearm is stolen. If it isn't, they have no idea who owned it before you or after you, and are not allowed to link you with it in some sort of document.

    Statutes & Constitution :View Statutes : Online Sunshine

    Statutes & Constitution :View Statutes : Online Sunshine
    Gun control: Forcing a 95lb woman to fist fight a 300lb rapist

  10. #9
    My husband writes down the name, address, serial number of the gun being sold and then makes the person sign the paper.
    My husband then gets on the internet and goes to the manufactures site clicks on registration and makes the person buying the gun register it under his name.
    Sharon Schuckman
    Put on the Armor of God. And carry the biggest weapon you have.

  11. Quote Originally Posted by Shari View Post
    My husband writes down the name, address, serial number of the gun being sold and then makes the person sign the paper.
    My husband then gets on the internet and goes to the manufactures site clicks on registration and makes the person buying the gun register it under his name.
    Your husband is deceiving you about what he is doing on the internet! Manufacturer's don't have gun registration, most states (at least 40) don't have any form of gun registration.

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