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Old October 23, 2008, 09:36 AM   #1
NineInchNails
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Private Sale Of A Weapon ? ? ?

I’m just curious … these questions always nagged my brain and could not figure this out.


Let’s say you’re driving down the street and you see a yard sale. You see an SKS for instance. Priced low and it is in excellent shape.

QUESTION:
It is perfectly legal to hand the guy some cash and walk away with the SKS right?



Let’s say you’re driving down the street and you see a yard sale. You see a Remington 870 shotgun for instance. Priced low and it is in excellent shape.

QUESTION:
It is perfectly legal to hand the guy some cash and walk away with the shotgun right?



Here’s another scenario. You drive down the street and you see a yard sale. You see a Berretta 92 9mm for instance. Priced low and it is in excellent shape.

QUESTION:
It is perfectly legal to hand the guy some cash and walk away with the Berretta right?



Here’s another scenario. Your sister wants to own a 38 revolver for home protection. I say “shoot … I have 3 of them … here take this one”.

QUESTION:
It is perfectly legal to hand her the revolver right?



Keep in mind that I AM NOT a convicted felon and neither is my sister in this hypothetical. I'm sure it would be a good idea to make a dated/signed record/a receipt for such transactions, but that's only to protect myself.

I’m sure there are all kinds of different laws depending on the state and city you’re in, but I’m talking Indiana … out in the country and we do not have ‘gun registration’.
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Old October 23, 2008, 09:44 AM   #2
buzz_knox
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As always, legal advice offered via the internet is worth less than you pay for it.

That being said, if Indiana has no requirement for a background check or other legal hoop before a sale, then the general rules apply. Those rules require that the purchaser (or recipient of a gift) not be prohibited from ownership due to criminal history, mental health, drug use, or age. If you or your sister aren't prohibited under federal or state law, then you can purchase a weapon for yourself or gift one to her.
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Old October 23, 2008, 09:44 AM   #3
ISC
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Quote:
1)Let’s say you’re driving down the street and you see a yard sale. You see an SKS for instance. Priced low and it is in excellent shape.

QUESTION:
It is perfectly legal to hand the guy some cash and walk away with the SKS right?


2)Let’s say you’re driving down the street and you see a yard sale. You see a Remington 870 shotgun for instance. Priced low and it is in excellent shape.

QUESTION:
It is perfectly legal to hand the guy some cash and walk away with the shotgun right?


3)Here’s another scenario. You drive down the street and you see a yard sale. You see a Berretta 92 9mm for instance. Priced low and it is in excellent shape.
QUESTION:
It is perfectly legal to hand the guy some cash and walk away with the Berretta right?

4)Here’s another scenario. Your sister wants to own a 38 revolver for home protection. I say “shoot … I have 3 of them … here take this one”.

QUESTION:
It is perfectly legal to hand her the revolver right?


Keep in mind that I AM NOT a convicted felon and neither is my sister in this hypothetical. I'm sure it would be a good idea to make a dated/signed record/a receipt for such transactions, but that's only to protect myself.

I’m sure there are all kinds of different laws depending on the state and city you’re in, but I’m talking Indiana … out in the country and we do not have ‘gun registration’.

It depends on your state. There are no federal laws against any of those transfers, unless you are yard sale shopping in a state other than your state of residence or your sister is visiting from out of state. They would be against state law in some municipalities and states like NYC, Kalifornia, Chicago, etc.
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Old October 23, 2008, 10:01 AM   #4
tranks
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if you don't have to register firearms, then just buy them. may want to check the serial #s with the sheriffs office to make sure there not stolen.

you could probably call the sheriffs office to make sure its legal to buy them that way.
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Old October 23, 2008, 10:04 AM   #5
buzz_knox
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Quote:
you could probably call the sheriffs office to make sure its legal to buy them that way.
That would depend on which county you are in. If you are in Boone Co., you might find that Sheriff Ken has beaten you to the deals.
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Old October 23, 2008, 10:18 AM   #6
tranks
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Quote:
That would depend on which county you are in. If you are in Boone Co., you might find that Sheriff Ken has beaten you to the deals.
personal experience?
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Old October 23, 2008, 12:24 PM   #7
ISC
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In my experience police departments won't check serial numbers unless the gun is in front of them so they can confiscate it if it's hot.
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Old October 23, 2008, 12:28 PM   #8
ChicagoTex
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Depends on the state. In Illinois, for example, none of your scenarios are legal.
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Old October 23, 2008, 12:34 PM   #9
M1911
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The answer is, it depends. Most states allow private sales. You'll have to tell us what state you live in.

Note, however, that you can not perform private sales across state lines -- the buyer and seller must reside in the same state. If you want to buy a gun that is owned by someone in a different state, then an FFL must be involved.
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Old October 23, 2008, 09:35 PM   #10
tony pasley
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In N.C. the rifle and shotgun are legal but the state requires a pistol purchase premit even for private sales.
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Old October 25, 2008, 11:08 AM   #11
Double J
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Place to place differs. Here in Illinois, as long as both parties have the FOID card, there is no waiting period between individuals. Seller takes name, Foid number and keeps for 10 years following the sale. Buyer can walk away with gun. If seller is FFL, then the sale proceeds as any other in a gun shop. Paperwork, the new 4473, Nics, and the waiting period.
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Old October 25, 2008, 04:06 PM   #12
4V50 Gary
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Quote:
Depends on the state. In Illinois, for example, none of your scenarios are legal.
Ditto for California. Check with your local state to find out the law.
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