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Old January 26, 2011, 03:15 PM   #7
arcticap
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Join Date: March 15, 2005
Location: Central Connecticut
Posts: 3,166
The gun shop receipts that I have from buying used guns don't have any disclaimer on them. Most of us have also bought used guns from gun shows without any disclaimer and with little more than the passing of money between hands for heaven's sake.
Sometimes a used gun will be marked "sold as is" or "parts gun only" on the price tag, but other than that I've never received any oversight from a gun shop about any gun that was purchased beside the paper work that the gun shop owner required.
Now some of the large outfits like Cabela's makes the used gun buyer sign a statement that they understand that the gun is used and being sold as is.
Many folks have bought BP guns that were loaded with ball and powder, and even those aren't considered by law to be loaded.
BP guns don't go off or explode all by themselves, so I don't think that condition really imparts any extra liability.
I'm not saying that a person couldn't be sued, but it's usually always "buyer beware" and a used gun is sold as is unless the gun shop or seller wants to offer a verbal or written warranty. Sometimes a gun shop will offer a refund if a used gun isn't in working condition, maybe just to avoid small claims suits or to maintain good customer relations or because they have a 30 day return policy.
From my point of view it's like buying a used car in a private sale. The buyer better get any warranty in writing because once you drive it away you are on your own. A person usually needs to prove intent to defraud and even some puffing is allowed.
Even if a seller said that they only "think" that a gun is okay to fire, that opinion doesn't mean that it really is okay and that there is some kind of a warranty or liability being agreed to.
I'm not talking about companies here as much as about private sales between private individuals.
If a used gun blows up after being purchased in a private sale then I would say that generally the seller isn't liable. Sure there may be exceptions but if a person really wants to buy a gun backed by some deep pocket liability then they should buy a new gun from a current manufacturer.
Private sellers don't really need to worry about it beside following whatever the legal requirements are like the age of the buyer.

Last edited by arcticap; January 26, 2011 at 07:07 PM.
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