Here is a quick guide to buying and selling guns safely on online message boards. This article assumes that you live in a free state.
- Set up an inventory list on an encrypted spreadsheet and include the following fields.
- Make
- Model
- Serial Number
- Gun Type
- Sold or Owned?
- Interstate Sales
- This means you are in one state and the other guy is in another state. You have to go through an FFL!
- Anyone who makes an offer to drive over to you from out of state is most likely an undercover agent looking for an easy bust or someone up to no good.
- Notice how they make their offer in a written private message to display as an exhibit at trial!
- Prohibited Persons
- Watch out if the other guy mentions anything about not being in the USA legally, having done jail time, using drugs, or smacking his girlfriend.
- Those are federal disqualifiers that make it illegal for such a person to own, possess, buy, or sell a firearm or ammunition.
- If the other guy smells like weed, then don’t sell to him.
- Watch out if the other guy mentions anything about not being in the USA legally, having done jail time, using drugs, or smacking his girlfriend.
- Straw Purchase Traps
- This trap happens more often to FFLs but is not unhe.ard to happen to private parties
- If there are two people at the sale unexpectedly, then that should raise a red flag.
- The way this trap works is that one party will admit to a disqualifier or have an issue with their driver’s license (it is from out of state) then their partner/”buddy” will conveniently have a clean record and an instate driver’s license and be able to buy the gun from you for his friend!
- Politely decline the sale and leave the area.
- Ask to see his driver’s license or photo ID
- This is what establishes your knowledge of the other party’s residence of a particular state.
- If he is antsy about it, then politely decline the sale.
- Draft up a bill of sale
- Offer to exchange cell phone snapshots of each other’s concealed carry permits
- If the other guy gives you a bad feeling or just seems “creepy” then don’t sell him anything.
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Federally speaking, there doesn’t have to be proof that they’re a resident of your state. You just can’t know or have reasonable cause to believe that they’re not a resident of your state.
18 U.S. Code § 922 – Unlawful acts
“(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector)
>>***who the transferor knows or has reasonable cause to believe***<<
does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides…"
http://www.law.cornell.edu/uscode/text/18/922
There's no federal law against straw purchases. There's only a Supreme Court bastardized ruling that you can't lie on the NICS 4473 form when it asks if it's a "straw purchase".
Also avoid selling handguns and handgun-specific ammo to anyone you know or have reasonable cause to believe is >***who the transferor knows or has reasonable cause to believe***<<
is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(3)(D)(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
http://www.law.cornell.edu/uscode/text/18/922
I am not a lawyer.
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The whole point of this post is to avoid all appearances of evil and err on the side of caution. Especially if any red flags get waived in front of you.
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