Can I legally raffle a handgun?

[jjbartrom]

Everyone likes to buy raffle tickets to win a handgun, and I have one I was thinking of raffling, and wondered if it was legal to do so? It is not for charity, it is just to get rid of a personal gun. I have sold many guns, but I was told that I couldn't raffle one of my personal guns. It doesn't make sense to me, and I'm only trying to get out of it what it's worth. I would greatly appreciate any input, backed by law would be great. Thanks!







I don't shoot to kill, I shoot to live.

 

[jwh20]

I think a better question here is: "Can I legally run a raffle that benefits me?"

I know that non-profits and other similar groups run raffles and even raffles involving firearms but I think the key thing here is the beneficiary of the raffle is charitable. BTW, in all cases involving a firearm that I've seen, you end up having to receive the firearm through an FFL rather than directly from the organization.

But I am pretty sure that non-charitable raffles fall under the "gambling" statutes. Check here:

Indiana Code 4-32.2-4

 

[Scout]

If all you do is get out of it what it's worth, then is that a benefit?

 

[jjbartrom]

I could sell the gun outright, but a raffle gives my friends a chance to win a brand new gun for $20. Is it a benefit to me? Not really, but I always enjoy raffles myself. I also don't think it's right being told how I can get rid of a gun, whether to sell, or raffle it.

 

[pudly]

"It isn't fair" is a child's lament. Deal with it. There are plenty of laws regarding how you get rid of a gun and who it goes to. Can't sell to a criminal, can't sell out of state (without jumping through hoops), can't sell to someone under 18, etc. You have to live within the laws or deal with the consequences.

 

[Shoots4Fun]

In my opinion, it is not legal, however IANAL...

Is Your Fundraising Raffle Legal in Your State? | NALS...the association for legal professionals

 

[cosermann]

IMHO - not legal. Falls under Indiana gaming rules - just about regardless of what you're "raffling".

The whole point of most raffles is to make money - just like the lottery - you take in more with ticket sales than what is paid out.

 

[BehindBlueI's]

As others have stated, illegal. Only you know if you want to run the risk and if your friends will keep their mouth shut.

The local grocer used to have pull tabs for a firearm all the time when I was a kid. Much like running a still, I had no idea it was illegal until much, much later in life.

 

[HoughMade]

Let's do this step by step:

(d) "Gambling" means risking money or other property for gain, contingent in whole or in part upon lot, chance, or the operation of a gambling device, but it does not include participating in:

Burns Ind. Code Ann. § 35-45-5-1

(a) A person who knowingly or intentionally engages in gambling commits unlawful gambling.

(b) Except as provided in subsection (c), unlawful gambling is a Class B misdemeanor.

(c) An operator who knowingly or intentionally uses the Internet to engage in unlawful gambling:

(1) in Indiana; or

(2) with a person located in Indiana;

commits a Class D felony.

Burns Ind. Code Ann. § 35-45-5-2

(a) A person who knowingly or intentionally:

(4) conducts lotteries or policy or numbers games or sells chances therein;... or

(6) accepts, or offers to accept, for profit, money, or other property risked in gambling;

commits professional gambling, a Class D felony. However, the offense is a Class C felony if the person has a prior unrelated conviction under this subsection...


Burns Ind. Code Ann. § 35-45-5-3

 

[jjbartrom]

If I read the Indiana Gaming Law section correctly, it states that as long as it's under $1000, and not more than 3 times per year, it is not illegal, and no licensing is needed. Just trying to clarify.

 

[HoughMade]

He is not doing it for a charity.

 

[femurphy77]

Don't ask don't tell.

 

[LEaSH]

It could be recipe for disaster.

Just imagine being accused of not running a fair raffle and people accusing the promoter of letting the prize go to a close friend. All the other participants might demand their money back and get the law involved.

If you don't have any experience in organizing such schemes, leave it to the mob.

 

[PGRChaplain]

Not Legal, Read the post from Houghmade. Just post it in the Classifieds.

 

[jjbartrom]

PGRChaplain, This is off topic, but so be it. My Dad is also a PGR Chaplain, thanks for your service.

 

[Win52C]

Not legal.... And at $20 a chance you will most likely get a lot more than "it's worth" that's why charities raffle things. There. Used to be a gas station up the road from me that raffled guns Until they got caught... No more raffles now.