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cantgrowup
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Posted: 8/18/2013 9:11:09 PM
[Last Edit: 8/20/2013 3:48:28 PM by cantgrowup]
Just wondering........
See gun... like gun.... buy gun... shoot gun... put in safe. Repeat as necessary.
FrankDrebin
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Posted: 8/18/2013 9:16:22 PM
[Last Edit: 8/18/2013 9:23:12 PM by FrankDrebin]
Most federal criminal laws have a 5 year statute of limitations. But some have 6, 7, 10, 20 year or none at all.

Without knowing the specific violation it is more likely than not 5 years.

http://www.fas.org/sgp/crs/misc/RL31253.pdf
RumbleTruck
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Posted: 8/18/2013 9:31:58 PM
OP, what did you do?
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cantgrowup
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Posted: 8/18/2013 9:45:47 PM
A "friend" of mine bought a used handgun from an individual in an adjoining state without being a legal resident. He was living and working in the adjoining state during the week and commuting to his legal home on weekends. It was 11 years ago he said. Now he's wondering if he should contact the original owner and have him send the handgun to him legally via FFL dealers after all these years. Or is it now a moot point.
See gun... like gun.... buy gun... shoot gun... put in safe. Repeat as necessary.
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Posted: 8/18/2013 9:48:56 PM
NFA is three years.
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douglasmorris99
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Posted: 8/18/2013 10:19:12 PM
so that I'm reading this right,,your "friend" a citizen of the USA in good standing, did a private monetary transaction for goods with a citizen of the USA of good standing. with out the watchful eye of a government official or licensed representative there of and NO ONE BUT YOU, HIM and the Seller know it happened? ELEVEN YEARS AGO and he now Wants to get JohnLaw involved..

I had a great grandfather made his own corn whiskey in his basemen until he was 93, should I turn in his watch ant the gold coin he gave me
to pay for the illegal taxation he failed to pay or the licensing of the manufacture of this illicit activity?
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cantgrowup
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Posted: 8/18/2013 10:49:55 PM
[Last Edit: 8/18/2013 10:51:24 PM by cantgrowup]
Lets just say that my "friend" doesn't want the ATF busting in his door and confiscating all the legally obtained firearms that were transferred under FFL's just because of the one that wasn't transferred legally 11 years ago. But if the statute of limitations has expired, then he can rest comfortably (as well as one can rest comfortably with the Gestapo ever present).
See gun... like gun.... buy gun... shoot gun... put in safe. Repeat as necessary.
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Posted: 8/18/2013 10:59:06 PM
[Jump To Reply]Originally Posted By cantgrowup:
Lets just say that my "friend" doesn't want the ATF busting in his door and confiscating all the legally obtained firearms that were transferred under FFL's just because of the one that wasn't transferred legally 11 years ago. But if the statute of limitations has expired, then he can rest comfortably (as well as one can rest comfortably with the Gestapo ever present).


The last thing he should be doing is asking questions in public about it.
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nehpets99
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Posted: 8/19/2013 6:59:20 AM
If the gun is ever lost, stolen, or used in a crime, the ATF will perform a trace. They will contact the manufacturer/importer and ask "who did you sell this gun to?". The manufacturer will say "Jerry's/Lipseys/whoever".

The ATF will contact Jerry's and ask "who did you sell this gun to?". Jerry's will say "Jimbo's Gun & Pawn".

The ATF will contact Jimbo's and ask "who did you sell this gun to?". Jimbo will look through his records and see that it was sold to John Smith. Now, it's been 11 years, and since then it's possible Mr. Smith got a new phone number, moved, died, etc. If they can't reach Mr. Smith, the trail ends there.

If they can, the ATF will contact Mr. Smith and ask "where is the gun?". Mr. Smith will reply that he sold it ELEVEN YEARS AGO. The ATF will likely ask "do you remember to whom?". Mr. Smith will either look through his meticulous records and say "yes, cantgrowup's 'friend', here's his phone number" or "no, cause it happened ELEVEN YEARS AGO".
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douglasmorris99
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Posted: 8/19/2013 7:02:01 AM
[Jump To Reply]Originally Posted By cantgrowup:
Lets just say that my "friend" doesn't want the ATF busting in his door and confiscating all the legally obtained firearms that were transferred under FFL's just because of the one that wasn't transferred legally 11 years ago. But if the statute of limitations has expired, then he can rest comfortably (as well as one can rest comfortably with the Gestapo ever present).




does the seller even remember your name friends name,,I"d move on my friend..water long under the bridge and probably not something that could be proven or a give a shit given about by
an agency that sells guns illegally across international borders and then gives out promotions and transfers to the doer's and denies to the American people the fact it even happened and
the POTUS and his minions pooh pooh's it as a phony scandal..

far bigger fish to be fried than your Ruger bear cat purchased in Bumfuck Kentucky and taken to Nowheresville Missouri.

guns and booze(the FIRST federally regulated good) have been transferred between friends and acquaintances from border to border in the USA for 250 years and unless you're
moving quantity and or regularly doing this, I think you're golden...hell, there's metric tons of Mary Jane, coke and heroin coming from Mexico daily and the fed's can't shut that down and still's still gurgle
across the nation every morning..that single transaction should cause no one the loss of sleep 11 years after the fact. Unless he's a felon, on the run, with a stolen car full of stolen hooch, hot guns and an accomplice in bank robbing or guilty of rodeo clowning..

off to look for that watch and gold coin...
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Posted: 8/19/2013 7:08:56 AM
[Jump To Reply]Originally Posted By cantgrowup:
A "friend" of mine bought a used handgun from an individual in an adjoining state without being a legal resident. He was living and working in the adjoining state during the week and commuting to his legal home on weekends. It was 11 years ago he said. Now he's wondering if he should contact the original owner and have him send the handgun to him legally via FFL dealers after all these years. Or is it now a moot point.


If you friend were to approach a BATF agent with this confession, the agent would probably shoot your friend's dog just for making his life complicated. Unless the gun is now involved in a crime, NOBODY cares about single gun transfer that occurred 11 years ago.

You must have a wonderful life if this is all you you have to fret over.
In a truly free country, Alcohol, Tobacco and Firearms would be the name of a convenience store, not a federal agency
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Posted: 8/19/2013 7:30:11 AM
[Last Edit: 8/19/2013 7:30:34 AM by LuckyDucky]
[Jump To Reply]Originally Posted By cantgrowup:
A "friend" of mine bought a used handgun from an individual in an adjoining state without being a legal resident. He was living and working in the adjoining state during the week and commuting to his legal home on weekends. It was 11 years ago he said. Now he's wondering if he should contact the original owner and have him send the handgun to him legally via FFL dealers after all these years. Or is it now a moot point.



I'm not so sure that's illegal as long as he was maintaining a home in both states.

27 CFR 478.11: Definitions
State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:
...
Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.
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Posted: 8/19/2013 7:42:26 AM
I really wish the OP would call his local BATFE agent and confess. I'd love to hear what they'd say . . .

In a truly free country, Alcohol, Tobacco and Firearms would be the name of a convenience store, not a federal agency
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Posted: 8/19/2013 4:55:41 PM
[Jump To Reply]Originally Posted By cantgrowup:
A "friend" of mine bought a used handgun from an individual in an adjoining state without being a legal resident. He was living and working in the adjoining state during the week and commuting to his legal home on weekends. It was 11 years ago he said. Now he's wondering if he should contact the original owner and have him send the handgun to him legally via FFL dealers after all these years. Or is it now a moot point.


If he was living there then he is a legal resident.

No worries.
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Posted: 8/19/2013 5:17:37 PM
[Jump To Reply]Originally Posted By RenegadeX:
Originally Posted By cantgrowup:
A "friend" of mine bought a used handgun from an individual in an adjoining state without being a legal resident. He was living and working in the adjoining state during the week and commuting to his legal home on weekends. It was 11 years ago he said. Now he's wondering if he should contact the original owner and have him send the handgun to him legally via FFL dealers after all these years. Or is it now a moot point.


If he was living there then he is a legal resident.

No worries.


Not necessarily.
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Posted: 8/19/2013 6:14:43 PM
[Jump To Reply]Originally Posted By Combat_Jack:
Originally Posted By RenegadeX:
Originally Posted By cantgrowup:
A "friend" of mine bought a used handgun from an individual in an adjoining state without being a legal resident. He was living and working in the adjoining state during the week and commuting to his legal home on weekends. It was 11 years ago he said. Now he's wondering if he should contact the original owner and have him send the handgun to him legally via FFL dealers after all these years. Or is it now a moot point.


If he was living there then he is a legal resident.

No worries.


Not necessarily.


Yes necessarily according to 27 CFR 478.11

Now if OP meant he was commuting to the other state and staying in a hotel as opposed to living in a home he had there, then no that does not count.
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Posted: 8/20/2013 3:56:20 PM
He had been working, renting an apartment, and paying utilities in the neighboring state for two years prior to buying the handgun. He just didn't have a drivers license in that state. He continued doing the same for another 5 years after that before moving back home full time.
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Posted: 8/20/2013 4:13:26 PM
[Jump To Reply]Originally Posted By RenegadeX:

Yes necessarily according to 27 CFR 478.11

Now if OP meant he was commuting to the other state and staying in a hotel as opposed to living in a home he had there, then no that does not count.



27 CFR 478.11

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1.

A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.

A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3.

A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.


My interpretation of the original was that he maintained a house which was used for business trips. I took it to mean something like the first example, you take it to mean something like the second example.
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LuckyDucky
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Posted: 8/20/2013 5:23:19 PM
[Jump To Reply]Originally Posted By Combat_Jack:
Originally Posted By RenegadeX:

Yes necessarily according to 27 CFR 478.11

Now if OP meant he was commuting to the other state and staying in a hotel as opposed to living in a home he had there, then no that does not count.



27 CFR 478.11

State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located. An alien who is legally in the United States shall be considered to be a resident of a State only if the alien is residing in the State and has resided in the State for a period of at least 90 days prior to the date of sale or delivery of a firearm. The following are examples that illustrate this definition:

Example 1.

A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2.

A is a U.S. citizen and maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3.

A, an alien, travels on vacation or on a business trip to State X. Regardless of the length of time A spends in State X, A does not have a State of residence in State X. This is because A does not have a home in State X at which he has resided for at least 90 days.


My interpretation of the original was that he maintained a house which was used for business trips. I took it to mean something like the first example, you take it to mean something like the second example.


he's not making business trips.
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Posted: 8/20/2013 5:31:19 PM
[Jump To Reply]Originally Posted By cantgrowup:
He had been working, renting an apartment, and paying utilities in the neighboring state for two years prior to buying the handgun. He just didn't have a drivers license in that state. He continued doing the same for another 5 years after that before moving back home full time.


Then in my humble, not professional, not legal opinion, he was a resident of both states. One doesn't need a DL from a state to buy a handgun in that state; one would need to show the dealer proof of residency some other way (hunting license, CHL, city utility bill, etc. showing an address in that state).
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Posted: 8/20/2013 6:08:11 PM
My friend is relieved to know that the general consensus of the esteemed arfcom community that he has nothing to worry about. He said he won't throw the handgun in the river.
See gun... like gun.... buy gun... shoot gun... put in safe. Repeat as necessary.