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<blockquote data-quote="henschman" data-source="post: 1534854" data-attributes="member: 4235"><p>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.</p><p></p><p>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. </p><p></p><p>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).</p><p></p><p>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. </p><p></p><p>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. </p><p></p><p>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).</p></blockquote><p></p>
[QUOTE="henschman, post: 1534854, member: 4235"] 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). [/QUOTE]
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