Legal aspect of private gun sale.

[roisigns]

If I sell a gun that is later used in a crime, am I liable?

What if the buyer was a criminal & I did not know it?

 

[SmileDocHill]

Did he have 50 quality posts?


I'm sory, good question, I just couldn't resist.

 

[MrsGungho]

not law but wise to do, get a bill of sale with name and address of buyer

 

[mydoghasfleas]

not law but wise to do, get a bill of sale with name and address of buyer

What about a seller that is a criminal. You just bought from him, and he has your name and address. Kinda defeats the point of meeting somwhere other than the owners home to do the transaction. IN. Driver/ LTCH and thats it. If some stranger wants my name and address to buy thier stuff, I will pass.

 

[jetmechG550]

I know it's an IL thing but there you are required to keep some sort of record, whether BoS or something else for a period of 10 years that had manufacturer, model #, s/n, date and name of buyer

 

[Sylvain]

As a private seller you have no way to know anyway, so I would say you are not liable unless you KNEW he was a criminal and decided to sell him the gun anyway.
Private sales are based on trust, if he says he can legally own a gun then you either trust him or you dont.You cant be sure since there is no legal duty to perfom a criminal background check on the buyer like a FFL dealer has.
Some people ask for a DL and LTCH but they could be fake ones, and a criminal would still have a DL and could even have a real LTCH if he became a criminal after he got it.
So you have no way to know, therefore I dont see how you could be liable in any way.

 

[paintman]

i asked a good friend of mine that is a delaware county deputy the same question and he told me that if i sell a gun i am responsible for it if its used in a crime if i sold it to a criminal.
not fact. just what i was told.

 

[sloughfoot]

Criminals have a secret handshake so they can identify each other. This knowledge is never passed on to the general law-abiding public.

They also have a "c" tatooed under their testicles. You have to look for it.

So if you sell to a criminal, there is no excuse for doing so if you just take a minute to look for the "c".

If you sell a car to somebody and they later use the car in a crime, you are responsible for that too.

 

[Donnelly]

i asked a good friend of mine that is a delaware county deputy the same question and he told me that if i sell a gun i am responsible for it if its used in a crime if i sold it to a criminal.
not fact. just what i was told.

Well, I'm glad he is just a deputy and not the prosecuting attorney for Delaware county.

Cops are not lawyers.

 

[Smokepole]

i asked a good friend of mine that is a delaware county deputy the same question and he told me that if i sell a gun i am responsible for it if its used in a crime if i sold it to a criminal.
not fact. just what i was told.

My understanding is that since you are selling a weapon you are responsible for performing a certain level of due diligence. And checking D/L and LTCH should pretty much cover that. If you don't want to write out a bill of sale, remember the individual's name and address and write it down after he/she has left. You sold the gun and if the fool that bought it commits a crime with it you have no allegiance to him and you shouldn't be held responsible. So if the buyer commits a crime with it or sells it willynilly to a scumbag criminal, you should be able to see that the poop runs downhill to the no good SOB that broke the law with what used to be your gun and let him deal with the heat.

 

[ATM]

If I sell a gun that is later used in a crime, am I liable?

No.

What if the buyer was a criminal & I did not know it?

Still no.

 

[Sylvain]

Criminals have a secret handshake so they can identify each other. This knowledge is never passed on to the general law-abiding public.

They also have a "c" tatooed under their testicles. You have to look for it.

So if you sell to a criminal, there is no excuse for doing so if you just take a minute to look for the "c".

If you sell a car to somebody and they later use the car in a crime, you are responsible for that too.

What about females criminals?
Is it in the same general area?
Because I may take my time to look for that "C".

"Ma'am im sorry but I have to check to make sure, this is the law."

 

[phatgemi]

i asked a good friend of mine that is a delaware county deputy the same question and he told me that if i sell a gun i am responsible for it if its used in a crime if i sold it to a criminal.
not fact. just what i was told.

I would recommend your friend study for the lsat and go to law school if he is going to dispense advice. Especially bad advice.

 

[Bert]

My understanding is that since you are selling a weapon you are responsible for performing a certain level of due diligence. And checking D/L and LTCH should pretty much cover that. If you don't want to write out a bill of sale, remember the individual's name and address and write it down after he/she has left. You sold the gun and if the fool that bought it commits a crime with it you have no allegiance to him and you shouldn't be held responsible. So if the buyer commits a crime with it or sells it willynilly to a scumbag criminal, you should be able to see that the poop runs downhill to the no good SOB that broke the law with what used to be your gun and let him deal with the heat.

knives are weapons , I've seen what a ball bat can do also . women drivers qualify too . do we have to check for a LTCH ?

 

[armyvet209]

not gonna be held liable, private citizen has no way to know if buyer is a scumbag, and you dont have to check for a ltch, as you would have no idea if the buyer was going to carry it.

 

[96harley]

If in doubt don't sell it to the person. At one time the private sale of handguns had to be reported to the local police as well as the state police and a copy kept by the seller. These were state forms. The pivotal point is whether you had prior knowledge about the buyer having a criminal record that would prevent him/her from purchasing a firearm. The advise sent to even FFL's is if you don't feel comfortable, refuse the sale or transfer.

 

[dice dealer]

What about females criminals?
Is it in the same general area?
Because I may take my time to look for that "C".

"Ma'am im sorry but I have to check to make sure, this is the law."

OMG BOMB!!!!
Is that a Fuse ?.....