Handgun purchase question

raisitup · July 1, 2011, 10:43 AM

Another thread brought me to ask this question.......

What would you do to rectify a situation where you unknowingly illegally purchased a handgun? Hypothetically speaking, say an acquaintance traveled to your state with the handgun and you paid for it and took possession at that time. In this hypothetical situation this would have occurred say six years ago, and as stated you did not know the purchase wasn't lawful (which may get thrown into the "ignorance isn't an excuse" category). What, if anything, would you do to fix it? Is there a statute of limitations that this purchase would be subject to?

Thanks!
Ryan

MLeake · July 1, 2011, 10:56 AM

Theoretically, have the acquaintance visit again, and go with him to a local FFL who will accept a private transfer from the previous owner. Theoretically, treat the purchase as current, and get the 4473 on file.

As noted in the thread I think you are referencing, GunBroker.com has a search function for FFLs by zip code. It lists fees, addresses, and phone numbers. I'd call and find an FFL who will accept a private transaction; some insist that out-of-state guns come from an FFL from the originating state.

If you can't find an FFL who will do that, then theoretically I'd take the gun to the acquaintance, and have him ship from his local FFL to your local FFL.

Don P · July 1, 2011, 10:58 AM

Was the gun stolen at the time of purchase?? Is there a bill of sale for the transaction?? Why wait 6 years to rectify?? Finally who other than you and the seller know of the deal besides all the forum members and the staff???

raisitup · July 1, 2011, 11:04 AM

More information for this exercise......both are law abiding citizens (or maybe that should be prefaced with "otherwise"). At least one, the purchaser, was ignorant of the law. The seller can no longer be located. Nobody but our two heros knew of the sale.

Thanks!
Ryan

MLeake · July 1, 2011, 11:08 AM

Don P, re-read the OP. Theoretically, both purchaser and seller were unaware of the Federal code regarding this sale at the time. Hence, the 6 year delay. Theoretically, the purchaser just learned of the requirement yesterday.

We had a thread about interstate transfers yesterday. You might be surprised how many people were unaware of the Federal requirement for recipient state FFL transfer for handguns; I wasn't surprised, as I had not been aware of it until two years ago.

vranasaurus · July 1, 2011, 03:59 PM

Under federal law the statute of limitations is 5 years. If it has been 6 years since the "crime" occured you can no longer be prosecuted.

I would do nothing and just make sure that you conduct future transfers in the appropriate manner.

raisitup · July 1, 2011, 09:23 PM

I'll be sure to let my hypothetical friend know that

Thanks all!
Ryan

Mr. James · July 1, 2011, 11:00 PM

I agree with vranasaurus.

At this point, it's a non-issue. Go forth and tell your hypothetical friend to sin no more.

MLeake · July 2, 2011, 12:13 AM

vranasaurus, while I don't doubt you, personally, could you provide a link or US code number for the five year statute of limitations, so the rest of us could educate ourselves?

bullethole1 · July 2, 2011, 12:33 AM

If you can buy a firearm from an FFL(Most gun shops) then your good to go,now in your case or whoevers case this might be then doing what you said is like being under a dark cloud not know when thunder is going to rumble because when buying any type of firearm like this I will consider it "buying off the street"! A Gun Shop will have you fill out a form either computer or written which is a 4473 form and if you lie on it,the FBI will still tell the Gun Dealer that you are not eligible to buy the gun so it is useless to even attempt to lie on a Firearm form. That also makes me wonder why the Dealer has you fill out a form asking these questions when the FBI will let them know over the phone such as any lies that you may have stated concerning Mental Health Facility Stays that were court ordered or of course Felonies.

**Aguila Blanca** · July 2, 2011, 01:10 AM

Quote:

Originally Posted by bullethole1

If you can buy a firearm from an FFL(Most gun shops) then your good to go, ...

How do you conclude that he's "good to go" if he can buy a gun from an FFL? Did you miss the part that the acquaintance brought the handgun from another state? Federal law says that ALL interstate handgun transfers MUST go through an FFL in the buyer's state of residence. This was an interstate transfer of a handgun and it did NOT go through an FFL.

How is that okay?

vranasaurus · July 2, 2011, 01:25 AM

The statute of limitations is found in 18 USC 3282.

http://www.law.cornell.edu/uscode/71...2----000-.html

vranasaurus · July 2, 2011, 01:30 AM

Bullethole,

The reason they make you fill out the form is because the federal government could then charge you with making false statements.

Also some people might not know the law, answer the question honestly, and then the dealer can inform them that they can't sell them the gun without a need to call the NICS.

July 1, 2011, 10:43 AM	#1
raisitup Member Join Date: January 2, 2010 Location: Orlando, FL Posts: 56	Handgun purchase question Another thread brought me to ask this question....... What would you do to rectify a situation where you unknowingly illegally purchased a handgun? Hypothetically speaking, say an acquaintance traveled to your state with the handgun and you paid for it and took possession at that time. In this hypothetical situation this would have occurred say six years ago, and as stated you did not know the purchase wasn't lawful (which may get thrown into the "ignorance isn't an excuse" category). What, if anything, would you do to fix it? Is there a statute of limitations that this purchase would be subject to? Thanks! Ryan

July 1, 2011, 10:58 AM	#3
Don P Senior Member Join Date: December 17, 2005 Location: Swamp dweller Posts: 6,187	Was the gun stolen at the time of purchase?? Is there a bill of sale for the transaction?? Why wait 6 years to rectify?? Finally who other than you and the seller know of the deal besides all the forum members and the staff??? __________________ *NRA Life Member, NRA Chief Range Safety Officer, NRA Certified Pistol Instructor,, USPSA & Steel Challange NROI Range Officer, ICORE Range Officer, ,MAG 40 Graduate* *As you are, I once was, As I am, You will be.*

July 1, 2011, 11:00 PM	#8
Mr. James Senior Member Join Date: April 10, 2001 Location: The Old Dominion Posts: 1,521	I agree with vranasaurus. At this point, it's a non-issue. Go forth and tell your hypothetical friend to sin no more. __________________ "...A humble and contrite heart, O God, thou wilt not despise." Ps. li "When law and morality contradict each other, the citizen has the cruel alternative of either losing his moral sense or losing his respect for the law." —Frederic Bastiat

July 1, 2011, 10:56 AM	#2
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	Theoretically, have the acquaintance visit again, and go with him to a local FFL who will accept a private transfer from the previous owner. Theoretically, treat the purchase as current, and get the 4473 on file. As noted in the thread I think you are referencing, GunBroker.com has a search function for FFLs by zip code. It lists fees, addresses, and phone numbers. I'd call and find an FFL who will accept a private transaction; some insist that out-of-state guns come from an FFL from the originating state. If you can't find an FFL who will do that, then theoretically I'd take the gun to the acquaintance, and have him ship from his local FFL to your local FFL.

July 1, 2011, 11:04 AM	#4
raisitup Member Join Date: January 2, 2010 Location: Orlando, FL Posts: 56	More information for this exercise......both are law abiding citizens (or maybe that should be prefaced with "otherwise"). At least one, the purchaser, was ignorant of the law. The seller can no longer be located. Nobody but our two heros knew of the sale. Thanks! Ryan

July 1, 2011, 11:08 AM	#5
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	Don P, re-read the OP. Theoretically, both purchaser and seller were unaware of the Federal code regarding this sale at the time. Hence, the 6 year delay. Theoretically, the purchaser just learned of the requirement yesterday. We had a thread about interstate transfers yesterday. You might be surprised how many people were unaware of the Federal requirement for recipient state FFL transfer for handguns; I wasn't surprised, as I had not been aware of it until two years ago.

July 1, 2011, 03:59 PM	#6
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	Under federal law the statute of limitations is 5 years. If it has been 6 years since the "crime" occured you can no longer be prosecuted. I would do nothing and just make sure that you conduct future transfers in the appropriate manner.

July 1, 2011, 09:23 PM	#7
raisitup Member Join Date: January 2, 2010 Location: Orlando, FL Posts: 56	I'll be sure to let my hypothetical friend know that Thanks all! Ryan

July 2, 2011, 12:13 AM	#9
MLeake Senior Member Join Date: November 15, 2007 Location: Outside KC, MO Posts: 10,128	vranasaurus, while I don't doubt you, personally, could you provide a link or US code number for the five year statute of limitations, so the rest of us could educate ourselves?

July 2, 2011, 12:33 AM	#10
bullethole1 Junior member Join Date: June 8, 2011 Location: San Antonio , Texas Posts: 253	If you can buy a firearm from an FFL(Most gun shops) then your good to go,now in your case or whoevers case this might be then doing what you said is like being under a dark cloud not know when thunder is going to rumble because when buying any type of firearm like this I will consider it "buying off the street"! A Gun Shop will have you fill out a form either computer or written which is a 4473 form and if you lie on it,the FBI will still tell the Gun Dealer that you are not eligible to buy the gun so it is useless to even attempt to lie on a Firearm form. That also makes me wonder why the Dealer has you fill out a form asking these questions when the FBI will let them know over the phone such as any lies that you may have stated concerning Mental Health Facility Stays that were court ordered or of course Felonies.

July 2, 2011, 01:25 AM	#12
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	The statute of limitations is found in 18 USC 3282. http://www.law.cornell.edu/uscode/71...2----000-.html

July 2, 2011, 01:30 AM	#13
vranasaurus Senior Member Join Date: November 16, 2008 Posts: 1,184	Bullethole, The reason they make you fill out the form is because the federal government could then charge you with making false statements. Also some people might not know the law, answer the question honestly, and then the dealer can inform them that they can't sell them the gun without a need to call the NICS.