Thanks for additional tools, common sense and helpful while limited databases will help keep weapons out the hands of people that legally can't have them. Another helpful tool would be to inquire if the purchaser has a cc permit, again while limited would help me feel better on a weapon transaction.
Thanks for additional tools, common sense and helpful while limited databases will help keep weapons out the hands of people that legally can't have them. Another helpful tool would be to inquire if the purchaser has a cc permit, again while limited would help me feel better on a weapon transaction.
OK, it must be the lawyer in me, but I would like to make a very clear statement of what the law is on this subject, so that no one has any doubts or reservations about their duties (or more precisely, their lack thereof) when selling a firearm in a private sale. I see some vaguely threatening language in this thread that may make some folks apprehensive about selling a firearm.
Here is the law: It is a felony to buy a firearm if you are a convicted felon. It is a felony to KNOWINGLY sell a firearm to a convicted felon. What the "knowingly" requirement means is that for a person to be convicted for selling a firearm to a felon, the government would have to prove beyond a reasonable doubt that he was practically certain that the buyer was a felon.
What this means is that absent any facts that would lead you to strongly believe that a potential buyer is in fact a felon, no one is under any duty to investigate whether someone is or is not a felon before selling them a firearm in a sale in which the seller is selling in an individual capacity (not as an FFL).
Obviously you may CHOOSE to investigate whether somebody is a felon before you sell them something, but nothing in the law requires you to do so.
Personally, I don't ask for any information on those I do business with, their name included. I believe that is how business ought to be conducted in a free society. All either one of us needs to know is that we are giving up something that has lesser value to us than that which we are gaining in the transaction.
Oh, and by generally accepted firearms terminology, an SKS is not an assault rifle. It is a self loading rifle (or a self loading carbine, for the shorter "para" models).
Here is the law: It is a felony to buy a firearm if you are a convicted felon. It is a felony to KNOWINGLY sell a firearm to a convicted felon. What the "knowingly" requirement means is that for a person to be convicted for selling a firearm to a felon, the government would have to prove beyond a reasonable doubt that he was practically certain that the buyer was a felon.
What this means is that absent any facts that would lead you to strongly believe that a potential buyer is in fact a felon, no one is under any duty to investigate whether someone is or is not a felon before selling them a firearm in a sale in which the seller is selling in an individual capacity (not as an FFL).
Obviously you may CHOOSE to investigate whether somebody is a felon before you sell them something, but nothing in the law requires you to do so.
Personally, I don't ask for any information on those I do business with, their name included. I believe that is how business ought to be conducted in a free society. All either one of us needs to know is that we are giving up something that has lesser value to us than that which we are gaining in the transaction.
Oh, and by generally accepted firearms terminology, an SKS is not an assault rifle. It is a self loading rifle (or a self loading carbine, for the shorter "para" models).
Cash and a handshake my friend; it's how I do business. The less I know, the better. And you just articulated why.
Is dude (jstevens) still 10-7? or full retard? What happened here?
So, I have owned alot of assault SKSs' whats the big deal?
So, I have owned alot of assault SKSs' whats the big deal?
I think he had good intentions in starting this thread, but he didn't correctly articulate the legal requirements. When folks started pointing that out, it didn't go over well with him. Intent is a requirement of violating this particular law.
I don't think anyone on OSA wants to sell a gun to a violent felon, but there's no requirement for an individual to check the buyers legal status. The links he provided are a partial check and I'd certainly use them if I was concerned about a buyer. Either that or just refuse to sell to them, which is more likely.
I don't think anyone on OSA wants to sell a gun to a violent felon, but there's no requirement for an individual to check the buyers legal status. The links he provided are a partial check and I'd certainly use them if I was concerned about a buyer. Either that or just refuse to sell to them, which is more likely.
Yeah, I thought the info would have been helpful too. Too bad it went south.
What if they have a common name like "JONES, WILLIAMS, JOHNSON, SMITH, BROWN" . I tried some of those searches using people I work with's names. Lots of stuff comes up and it is not even them just someone with same name.
Most of us didn't criticize him, we merely corrected him. If ensuring that correct information gets conveyed bothers you, perhaps this isn't the place for you?
I am not known to be politically correct ....
So you had the name of the felon who was in process of committing a felony; and instead of busting the felon, you checked if an honest citizen is committing a felony, and then proceeded busting his and all our balls for following the law.
Add a little bit of "assault rifle" media frenzy, sprinkle some "larger than usual number of felons" so-called data, and we got good-to-go "close the gunshow loop" pamphlet.
Good intentions - too much bad data! LOL
