User Panel
Posted: 10/27/2004 7:54:35 AM EDT
I'm selling a handgun, doesn't that need to be done with a FFL? If not, great, just want to be safe.
Thanks. |
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Cool thanks. |
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You need to make an effort to know you are not selling to known felon. That you are not selling to a minor. That you are not selling to a person that you know to be unable to own/possess a firearm. Copy of DL will confirm age. The rest...? You should ask them them. The burden is on YOU, not them, to be incompliance with the restrictions on sales to prohibited persons. Keeping a copy of their DL info is a good idea in case the gun is ever used in a crime. You can pull the info and show where the gun went after you possessed it. TRG |
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Allright, copy of the DL is in the plans. Should I print out a little sheet saying "I, _____, will not use this firearm in a crime blah blah. I am not a felon bllah blah" And have them sign that too? Thanks TRG. |
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What bullshit....
You dont need all that to make a FTF deal. Just make sure the person is of age. No copies needed. Here is what I have done... sat down at the computer and printed a sales receipt that states the following... Receipt of Sale Name of Seller:_________________________________________________________________________ Seller’s Date of Birth:_______________________ Seller’s Drivers License Number:_________________ Name of Purchaser:______________________________________________________________________ Purchaser’s Date of Birth:____________________ Purchaser’s Drivers License Number:______________ Selling Price:____________________ Date:____________________ Gun Make/Model:_______________________________________________________________________ Serial Number:_________________________________________________________________________ I _________________________________________________ do hereby sell this firearm to the above named individual with the understanding that said buyer has no legal reason that would prevent the buyer’s lawful ownership of the above mentioned firearm as advised by the purchaser. To the best of the Sellers knowledge this firearm is in good working condition. I have implied no warranty outside of what is provided (if any) by the firearm manufacturer. All warranty information, work, issues, or questions should be addressed to the manufacturer, not the seller. The Seller is not responsible in any way, shape, or form, for injury, damage, or death caused by this firearm, or the Purchaser. Seller is not responsible for any misuse or abuse caused to property or persons by/to this firearm, or purchaser. The Seller has been given no reason to believe this firearm is being purchased for any other than legal and responsible ownership. ALWAYS treat firearms as if they were loaded. Never point a firearm anything you don’t intend to shoot. Always keep firearms out of the hands of children. Never place your finger on the trigger until you are ready to shoot. Learn and obey all Federal, State, and Local firearms laws. Always keep firearms in excellent working condition by following maintenance procedures recommended by the manufacturer. This sale is final. ____________________________________________/_____________________________________ (Printed Name of Seller / Signature of Seller) ____________________________________________/_____________________________________ (Printed Name of Purchaser / Signature of Purchaser) ____________________________________________/_____________________________________ (Printed Name of Witness / Signature of Witness) |
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I haven't seen any mention so far that the purchaser MUST be a resident of the same state. That is, if YOU are the seller and you are a legal resident of Texas, the purchaser MUST also be a Texas resident. Just something to check for.
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Actually, the Gun Control Act does not require any record keeping. FAQs B1 and B2, which are posted on the web site in the "Firearms" section makes this clear. Of course, the transferor (seller) may not knowingly transfer a firearm to anyone who falls into a prohibited category. For example, if you know your purchaser is under age you may not transfer a firearm to that person. However, no record keeping is required and you are in the clear as long as you do not knowingly transfer to an unqualified individual in the state in which you reside. |
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Like you said in your first line above....... |
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Even FTF you can not sell a handgun to a prohibited person. If you sell a gun to a felon, or a minor, or a person prohibited to owning a handgun, you are breaking the law. It may seem like BS, but that is the way the law is written. If you ask them questions, and they sign a form stating they are NOT prohibited from owning a handgun, then you have at least some DEFENSE to prosecution. TRG |
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§ 46.06. UNLAWFUL TRANSFER OF CERTAIN WEAPONS. (a) A
person commits an offense if the person: (1) sells, rents, leases, loans, or gives a handgun to any person knowing that the person to whom the handgun is to be delivered intends to use it unlawfully or in the commission of an unlawful act; (2) intentionally or knowingly sells, rents, leases, or gives or offers to sell, rent, lease, or give to any child younger than 18 years any firearm, club, or illegal knife; (3) intentionally, knowingly, or recklessly sells a firearm or ammunition for a firearm to any person who is intoxicated; (4) knowingly sells a firearm or ammunition for a firearm to any person who has been convicted of a felony before the fifth anniversary of the later of the following dates: (A) the person's release from confinement following conviction of the felony; or (B) the person's release from supervision under community supervision, parole, or mandatory supervision following conviction of the felony; (5) sells, rents, leases, loans, or gives a handgun to any person knowing that an active protective order is directed to the person to whom the handgun is to be delivered; or (6) knowingly purchases, rents, leases, or receives as a loan or gift from another a handgun while an active protective order is directed to the actor. (b) In this section: (1) "Intoxicated" means substantial impairment of mental or physical capacity resulting from introduction of any substance into the body. (2) "Active protective order" means a protective order issued under Title 4, Family Code, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter. (c) It is an affirmative defense to prosecution under Subsection (a)(2) that the transfer was to a minor whose parent or the person having legal custody of the minor had given written permission for the sale or, if the transfer was other than a sale, the parent or person having legal custody had given effective consent. (d) An offense under this section is a Class A misdemeanor, except that an offense under Subsection (a)(2) is a state jail felony if the weapon that is the subject of the offense is a handgun. |
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Face to Face in the context of a sale. Failure to Fire in the context of a misfiring weapon. |
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Interesting, this section specifically mentions handgun on most lines. What about Rifle/shotguns or just receivers? Also, no states no requirment of the buyer and seller living in the same state? |
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Not sure. That is just a portion of Texas Penal code. TRG |
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Thanks, I knew the second one. And I hope that little form isn't copyrighted. I printed it out. Gonna sell an AK soon. |
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exactly my point! have the dude fill out the form... its not your responsibility to check the background of the guy buying it. With this form I have created at least he has signed a document that gives me reason to believe he is not buying the gun for illegal purposes... (and laws vary from state to state). As a responsible gun owner I am not going to sell a firearm to any one I dont feel is buying it for legal reasons so if I get a "bad feelilng" about a guy, its not even going to get as far as talking prices... But anyone can be fooled. In a ftf deal there is no burden for the seller to do a "background check". He just has to have no knowledge of the buyers illegal intentions. If the buyer runs out and commits a crime with it, the law is not going to come hunting for the seller (at least until/if Kerry gets elected) and I have not yet heard of a case where a well-intentioned gun seller selling in good faith was ever held responsible for the actions of a deceptive gun-buyer. |
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Notice here it specifiys KNOWINGLY or INTENTIONALLY... Look ... to the guy selling the gun... if you are worried about the guy buying it, then go thru an ffl. Always better safe than sorry! |
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EXACTAMUNDO!!! You dont commit ANY offense if you sell to a felon, underage, etc.... only if you KNOW they are..... and nowhere does it say you HAVE to ask/pry/copy/verify. When I sell a handgun/rifle..... they hand me the cash, I hand them the weapon. Only if they looked like they might be under 18 (or close), would I ask for any ID. That's it. Nothing else required. It's a tool. Like a knife, or a garden rake. |
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Thank you. |
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Sure, however, when you can EASILY protect yourself, why not? If you are in front of a judge, and he asks did you know that person was a minor, and you reply "No." How much weight do you think it will carry? When you have a signed document from the person, that will carry your defense. For the time it takes to print a sales receipt, and include your own defense, what's the trouble? But, hey, it's your life. Live it on the edge. Claim you didn't know the person was a felon. See how it goes. Just quoting the law, not writing it or defending it, fellas. TRG PS. "Exactamundo!" FALARAK, Happy Days{/i] just called, they want thier slang back. |
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Sure it does, but your original advice was to "just make sure the person is of age". The law is more specific than that. And better safe than sorry still applies. TRG |
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