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Old March 13, 2013, 12:47 PM   #45
Senior Member
Join Date: January 28, 2013
Location: Norfolk, VA
Posts: 182
Originally Posted by Tom Servo
That's my concern. I would need to carry around some sort of receipt or paperwork to prove I'd transferred the gun legally, turning ownership into something that requires an affirmative defense.

Let's say I'm approached by someone about a gun I have in my possession.

"Where'd you get that?"

"This? Man...I bought it from a friend of mine back around...1991 or so."

"So you've had it for awhile?"

"Yep. Got it in college. Shoots like a..."

"But you have no proof of that?"

"No, why would I?"

"Well, without proof of lawful transfer, it's illegal."


"I'll need you to turn around and put your hands behind your back, sir."

The burden of proving compliance now falls to the defendant.

Furthermore, what sort of "proof" will be considered acceptable? A handwritten bill of sale? Something on the letterhead of a gun shop (that might not even be in business)? A standardized government form?
I wondered about that. I would like to think if I am arrested for something like this and keep my mouth shut that the state would be required to actually prove I did something wrong. Having to prove my innocence sort of turns our justice system over on it's ear, doesn't it? The state going into this assuming a citizen is guilty of a crime without any evidence scares the crap out of me. The IRS does this and look at what a tyrannical mess of regulations and nonsense people have to go through with them.
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