Legal Issues with selling a gun

Discussion in 'The Pub' started by dabdaworm, Oct 29, 2007.

  1. dabdaworm

    dabdaworm Member

    I have bought, got tired of, and sold several guns in the past, and I am likely to continue to do it in the future. I have sold them through classifieds and at gun shows. I am worried that there are legal repercussions that I am not considering. Are the guns that I purchased still in my name? like in a database with the government somewhere? If so, is there a way to get the gun "transferred" out of my name? Is that important to do?

    I live in UT, if that makes a difference
  2. midtnshooter

    midtnshooter Premium Member

    Not sure where you live, but in Tennessee, we hold the info for 45 days only. I had the same question till I asked the right person.


  3. silver x0ne

    silver x0ne New Member

    Not unless your state gives you a title for your gun ;)

    I don't know of anywhere that it is a big deal (ie. storing your information). If you are truly worried get a bill of sale.
  4. Netfotoj

    Netfotoj Premium Member

    I've bought and sold a few guns in private sales and here's what I do. Make a copy of my driver's license and get the buyer/seller to do the same. Then write on my copy, "I (name) hereby sell my (gun model and serial number) to (buyer) on (date)." I have the other party do the same on the copy of his license. Both parties sign both copies, then there's a paper trail. If someone doesn't want to do that, I'd say that's a red flag that you better not buy or sell guns with that person.

    If you sell a gun privately and there's no record and that buyer commits a crime with that gun, the only record to trace it may well be your public purchase of the gun, which is filed with BATF by the gunshop where you bought it.
  5. Syntax360

    Syntax360 Premium Member

    Ya - let's say the gun was used in a crime AND (this is the important part) the police recovered it... They have no idea who was the shooter, so they'll probably check with the manufacturer to see where it was originally sold. This will lead them to the FFL who sold the gun to you (assuming you bought it new). This will lead them to you. This is where it can get tricky, but unless there are some serious circumstances that make them think you could have possibly been involved, you will come out OK. They will probably polygraph you if you swear up and down that it was sold but they don't believe you (and you consent, of course). If you pass that, I'd trust the detectives would leave you be. I seriously doubt it would deteriorate to this...

    If you can't tell them anything about the person you sold the gun to, it'll put them in a bad way, but you were WELL within your rights to sell it. You will be fine.

    I'm shooting from the hip on this part, so forgive me for any mis-recalled info... Technically, there is no centeralized database that tracks guns. The FBI or ATF or whoever is supposed to discard whatever records they have of approved sales (I forget the form #) in 48 hours or something like that. Your FFL keeps their papers for 10 years. However, I believe the ATF or DOD or some other way-too-powerful agency has been illegally keeping the forms (and has been taken to court for it a few times). Your average LEO is definitely not going to have access to this illegal database, but if you're the one who originally bought the rifle that killed the next Kennedy or whatever, you better be looking over your shoulder for the black helicopters. Ah, the joys of DHS and the above-the-law, god-like powers they wield. Ok, tinfoil off now...
  6. midtnshooter

    midtnshooter Premium Member

    Sshhhh You are being listened to

    :shock: :shock: Wooooooo :shock: :shock: Echelon = Black Helicopters.

    Reportedly created to monitor the military and diplomatic communications of the Soviet Union and its East Bloc allies during the Cold War in the early sixties, today ECHELON is believed to search also for hints of terrorist plots, drug-dealers' plans, and political and diplomatic intelligence. But some critics, including the European Union committee that commissioned the EU report, claim the system is being used also for large-scale commercial theft and invasion of privacy.

    While details of methods and capabilities are highly sensitive and protected by special laws (e.g. 18 USC 798), gathering signals intelligence (SIGINT) is an acknowledged mission of the U.S. National Security Agency. As of August 2006, their web site had a FAQ page on the topic,[7] which states:

    “ NSA/CSS’s Signal Intelligence mission is to intercept and analyze foreign adversaries' communications signals, many of which are protected by codes and other complex countermeasures. We collect, process, and disseminate intelligence reports on foreign intelligence targets in response to intelligence requirements set at the highest levels of government. ... Foreign intelligence means information relating to the capabilities, intentions, and activities of foreign powers, organizations or persons. ”

    In 2001, the STOA report (p. 19) recommended that citizens of member states routinely use cryptography in their communications to protect their privacy.[8]