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View Poll Results: Is it a crime (Felony) to sell a gun FTF and not provide a receipt? | |||
Yes | 0 | 0% | |
No | 41 | 100.00% | |
Voters: 41. You may not vote on this poll |
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March 15, 2010, 03:30 PM | #1 |
Senior Member
Join Date: September 26, 2008
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Is it a crime (Felony) to sell a gun FTF and not provide a receipt?
It was mentioned to me by a buddy of mine that his son believes it is a Felony to purchase/sell a gun in a FTF transaction without a receipt being part of the deal. I have never heard of this before and would like to hear from those of you out there that are more familiar with such matters. I've gone to a number of gun shows locally and have witnessed transactions occur more than once where a gun was sold without papers and no receipt was provided from the seller. I've been under the impression that a FTF deal doesn't require a bill of sale or a record of transfer.
Is this a crime? Thanks, Roach |
March 15, 2010, 03:41 PM | #2 |
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Join Date: November 16, 2008
Posts: 1,184
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You are not required under federal law to get or give a receipt or bill of sale for FT transactions but it could be required under some states' law which governs intrastate face to face transactions.
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March 15, 2010, 10:23 PM | #3 |
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Join Date: January 25, 2006
Location: Oak Harbor, WA
Posts: 1,719
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+1 ^^what he said^^
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March 15, 2010, 11:20 PM | #4 |
Member
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In any transaction, buying or selling, CYA. Always get a reciept.
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March 15, 2010, 11:49 PM | #5 |
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Join Date: May 16, 2000
Location: In a state of flux
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Which state are you in?
It does make a difference, you know. pax |
March 16, 2010, 06:43 AM | #6 |
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Join Date: September 26, 2008
Posts: 189
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Pax,
I live in Ohio. Now I don't claim to be a lawyer or anything of that nature but I'm 40 years old now and it would be a surprise to me if it were in fact a state law and I some how haven't already come across that type of information. Like I said, I've witnessed numerous transactions @ local gun shows and no receipt exchanged hands. Thanks for the input lady's ang gents. Roach |
March 16, 2010, 06:49 AM | #7 |
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Join Date: April 12, 2006
Location: NKY
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I've been to numerous gun shows in Ohio and don't believe its a felony to sell or buy a gun in a private sale without a receipt.
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March 16, 2010, 07:12 AM | #8 |
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Join Date: August 2, 2005
Location: Greenville, SC
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First, the ATF and the federal government can't have anything
to do with a Face to Face / Private sale between two residents of the same state. So far. Now there could be a state law and that could be a felony depending on the penalty. But I seriously doubt it.
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March 16, 2010, 09:17 AM | #9 | ||
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Join Date: May 16, 2000
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Here's a link to the Ohio statutes: http://codes.ohio.gov/orc
And here's the exact law your friend was referring to: http://codes.ohio.gov/orc/2923.20 Quote:
Quote:
It's against the law to fail to provide a receipt for some types of firearms, and you are required to forward information about that transaction to law enforcement. But it's a misdemeanor, not a felony, and it does not apply to all firearms. The thing that might bite you is that it is a felony to "recklessly" sell a firearm to a prohibited person. If you don't ask for the person's ID or make a good-faith effort to be sure they're okay, and they are in fact a prohibited person, you've probably just committed a felony under this statute. pax |
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March 16, 2010, 02:01 PM | #10 |
Senior Member
Join Date: September 26, 2008
Posts: 189
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Kathy,
Thanks for this info. It's good to know. I'll pass it along. Roach |
March 16, 2010, 02:10 PM | #11 |
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Join Date: December 19, 2008
Location: milton, wv
Posts: 3,640
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Hope its not illegal... for I may have trouble finding receipts for all the guns that I have bought.... And Im pretty sure I didnt lose em.
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March 16, 2010, 10:27 PM | #12 |
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Join Date: August 8, 2009
Location: Boca Raton, FL
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Selling a gun face to face within your State is perfectly legal in most states. However, you must CYA. I found a form which I use for a Bill of Sale that basically has the buyer answer the same questions as on the ATF Form. He certifies that he is legal to own the gun and I also get his driver license number and his CCW permit info. Again, it is a CYA deal.
Buyer: Has NEVER been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year. • Is NOT a fugitive from justice. • Is NOT an unlawful user of or addicted to any controlled substance. • Has NEVER been adjudicated as a mental defective or has been committed to a mental institution. • Is NOT an alien illegally or unlawfully in the United states or an alien admitted to the United states under a nonimmigrant visa. • Has NOT been discharged from the Armed Forces under dishonorable conditions. • Having been a citizen of the United states, has NEVER renounced his or her citizenship. • Is NOT subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner. • Has NOT been convicted of a misdemeanor crime of domestic violence • CAN lawfully receive, possess, ship, or transport a firearm. • Is NOT a person who is under indictment or information for a crime punishable by imprisonment for a term exceeding 1 year. I truthfully state that I AM NOT a person who cannot legally buy, receive, and posses firearms and/or ammunition. Full Name _________________________________________ Signature _______________________________________ Firearm(s) sold Make: __________________ Model:_____________ Caliber: ____________ S/N: _______________ Cost: ___________ Make: __________________ Model:_____________ Caliber: ____________ S/N: _______________ Cost: ___________ Make: __________________ Model:_____________ Caliber: ____________ S/N: _______________ Cost: ___________ Buyer Seller (NAME) (NAME) (ADDRESS) (ADDRESS) (DL) (DL) (CWL) (CWL) (Contact #) (Contact #) I understand the firearm is sold AS-IS and no warranty has been implied or given. Firearm should be inspected by a competent gunsmith prior to using. Seller not responsible for any damages incurred or caused by the use of this firearm. Sale Conditions: _____________________________________________________________________________________ Buyer Signature:_________________________________ Seller Signature:_____________________________________
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March 17, 2010, 06:43 PM | #13 | ||
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Join Date: January 23, 2006
Location: Plano, Texas
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Quote:
If you knowingly sell a firearm to a "prohibited person" you go to jail. The fact that it is a "private sale" has nothing to do with it. Quote:
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