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Common Sense and Due Caution

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Common Sense and Due Caution

Postby Remington » Tue, 10 Jan 2012 13:07:29

It probably doesn't need to be said in this forum but I need to say it for myself anyway... We need to be careful about who we sell guns to.

I advertised guns for sale in this forum. This is my first experience selling firearms and I appreciated all the helpful information posted throughout the forum. I've had positive experiences and encountered helpful and nice people and I've enjoyed some success in selling guns.

What concerned me was recent contact from someone that probably has a disqualifying criminal history record asking to buy a handgun.

I want to emphasize the importance of positively identifying who you are dealing with and taking prudent measures in verifying their eligibility to purchase and possess firearms. They are out there, and in here too. If in doubt, it might be best to sell your guns to or through a dealer that can do the vetting process for you. Thanks for reading...


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Re: Common Sense and Due Caution

Postby OakRidgeStars » Tue, 10 Jan 2012 14:13:46

Remington wrote:What concerned me was recent contact from someone that probably has a disqualifying criminal history record asking to buy a handgun.


You never know who the person might be, or who they're working for.

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Re: Common Sense and Due Caution

Postby Remington » Tue, 10 Jan 2012 14:45:02

That's an interesting article and discussion thread and it makes me think, which can be a painful process. :friends:


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Re: Common Sense and Due Caution

Postby jrswanson1 » Tue, 10 Jan 2012 22:01:47

The easiest way to figure out if they are qualified or not is to ask for a concealed weapons permit. Almost every seller I've bought from has requested to see mine.


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Re: Common Sense and Due Caution

Postby Remington » Tue, 10 Jan 2012 22:44:41

Thanks for the good advice. It's a jungle out there.


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Re: Common Sense and Due Caution

Postby Tazguy04 » Tue, 10 Jan 2012 22:50:27

Something that i Have found that helps is to ask the buying if they are willing to undergo a BackGround Check, i have had several intrested buyers not show up for the sale when i asked if they were willing to do a BackGroung check.


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Re: Common Sense and Due Caution

Postby Remington » Tue, 10 Jan 2012 23:01:50

I like the background check idea. There are a lot of public records readily available.


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Re: Common Sense and Due Caution

Postby totes6 » Tue, 10 Jan 2012 23:26:27

jrswanson1 wrote:The easiest way to figure out if they are qualified or not is to ask for a concealed weapons permit. Almost every seller I've bought from has requested to see mine.


Funny, I have told several sellers that I do not have a concealed handgun permit in the past and none of them have had an issue with it. There are many citizens out there who don't like asking permission of the government to exercise our rights. Not trying to start a bash here, just pointing out that just, because a person does not have a CHP, it does not mean that he/she cannot legally purchase a firearm.
I would also like point out that the permit can be a false positive. Nothing says that between the time that an individual acquired the CHP and the time they have to renew it that they have a restraining order taken out against them or they have committed some crime that could cause them to no longer be legally allowed to purchase firearms. Also I hate to say it, but Virginia's CHP is just a piece of paper. There really is not anti-forging safeties on it.

I guess what I am trying to say it is your choice who you sell to, and yes that some caution is warranted. But don't assume just, because someone has a CHP that they really can buy that firearm you are trying to sell. If you really want to cover your basis use a bill of sale. From what I have found the one that "User" has come up with covers what is specified in VA law. IE the buyer states that he/she can legally purchase the firearm. And ask to see the Virginia Drivers license. Even as a buyer, I ask to see the sellers drivers license to ensure I really can buy from them.

Just my .02


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Re: Common Sense and Due Caution

Postby Jakeiscrazy » Tue, 10 Jan 2012 23:42:18

totes6 wrote:
jrswanson1 wrote:The easiest way to figure out if they are qualified or not is to ask for a concealed weapons permit. Almost every seller I've bought from has requested to see mine.


Funny, I have told several sellers that I do not have a concealed handgun permit in the past and none of them have had an issue with it. There are many citizens out there who don't like asking permission of the government to exercise our rights. Not trying to start a bash here, just pointing out that just, because a person does not have a CHP, it does not mean that he/she cannot legally purchase a firearm.
I would also like point out that the permit can be a false positive. Nothing says that between the time that an individual acquired the CHP and the time they have to renew it that they have a restraining order taken out against them or they have committed some crime that could cause them to no longer be legally allowed to purchase firearms. Also I hate to say it, but Virginia's CHP is just a piece of paper. There really is not anti-forging safeties on it.

I guess what I am trying to say it is your choice who you sell to, and yes that some caution is warranted. But don't assume just, because someone has a CHP that they really can buy that firearm you are trying to sell. If you really want to cover your basis use a bill of sale. From what I have found the one that "User" has come up with covers what is specified in VA law. IE the buyer states that he/she can legally purchase the firearm. And ask to see the Virginia Drivers license. Even as a buyer, I ask to see the sellers drivers license to ensure I really can buy from them.

Just my .02

Also you can ask for voters id. For instance you can legally sell a handgun to someone who is under 18 but they cannot have a CHP however they can have a voters id.
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Re: Common Sense and Due Caution

Postby jrswanson1 » Wed, 11 Jan 2012 00:10:52

totes6 wrote:
jrswanson1 wrote:The easiest way to figure out if they are qualified or not is to ask for a concealed weapons permit. Almost every seller I've bought from has requested to see mine.


Funny, I have told several sellers that I do not have a concealed handgun permit in the past and none of them have had an issue with it. There are many citizens out there who don't like asking permission of the government to exercise our rights. Not trying to start a bash here, just pointing out that just, because a person does not have a CHP, it does not mean that he/she cannot legally purchase a firearm.
I would also like point out that the permit can be a false positive. Nothing says that between the time that an individual acquired the CHP and the time they have to renew it that they have a restraining order taken out against them or they have committed some crime that could cause them to no longer be legally allowed to purchase firearms. Also I hate to say it, but Virginia's CHP is just a piece of paper. There really is not anti-forging safeties on it.

I guess what I am trying to say it is your choice who you sell to, and yes that some caution is warranted. But don't assume just, because someone has a CHP that they really can buy that firearm you are trying to sell. If you really want to cover your basis use a bill of sale. From what I have found the one that "User" has come up with covers what is specified in VA law. IE the buyer states that he/she can legally purchase the firearm. And ask to see the Virginia Drivers license. Even as a buyer, I ask to see the sellers drivers license to ensure I really can buy from them.

Just my .02


The permit is supposed to be pulled when this happens. And what I ask for is "due dilligence" I"ve done mine by asking. If you're really paranoid, do a transfer through an FFL.


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Re: Common Sense and Due Caution

Postby jdonovan » Wed, 11 Jan 2012 08:31:54

If a buyer can't meet my requests for ID, or reasonably prove they are not prohibited. I ask that we do the trasfer at a local shop, If they balk at $30 for the transfer fee, I offer to split the cost of the transfer with them. If they still won't do it, then I terminate the sale.


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Re: Common Sense and Due Caution

Postby allingeneral » Wed, 11 Jan 2012 09:08:15

I ask to see a driver's license to verify residency (you can't sell a handgun to someone from out of state) and I ask the straightforward question "Are you legally allowed to own a firearm". If they lie to me and buy a gun knowing that they're not legally allowed to, then that's on them.

I also take the person's character into account. I won't sell a gun to someone who looks like a crack-head.

I do like some of the ideas posed in this thread, though. It's all about what makes you comfortable with the legality of the sale.
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Re: Common Sense and Due Caution

Postby derek141 » Wed, 11 Jan 2012 10:00:00

allingeneral wrote:I ask to see a driver's license to verify residency (you can't sell a handgun to someone from out of state) and I ask the straightforward question "Are you legally allowed to own a firearm". If they lie to me and buy a gun knowing that they're not legally allowed to, then that's on them.

I also take the person's character into account. I won't sell a gun to someone who looks like a crack-head.

I do like some of the ideas posed in this thread, though. It's all about what makes you comfortable with the legality of the sale.


+1. I copy the DL and make clear that it goes in my safe never to see the light of day, unless the transaction comes back on me.


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Re: Common Sense and Due Caution

Postby Remington » Wed, 11 Jan 2012 10:32:38

Thanks for all the great discussion. With all that being said, would anyone (qualified) like to buy a nice .32 gun to carry in your pocket for fun?
:pistol:


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Re: Common Sense and Due Caution

Postby dorminWS » Wed, 11 Jan 2012 11:02:04

This discussion is very useful for focusing one's mind on the issue(s).

And in my neck of the woods, where you can be in Kentucky in 20 minutes, Tennessee in 45 minutes, and North Carolina or West Virginia in a couple of hours, I reckon it could be right important to consider your seller's pedigree carefully.
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Re: Common Sense and Due Caution

Postby AlanM » Wed, 11 Jan 2012 13:01:24

I can't recall if it's been mentioned on these forums, but on one of the Ohio forums that I still monitor a member was negotiating with a potential buyer and in the process of several emails he told the buyer that he'd need to see some sort of id and proof that he was legally able to buy a gun. He never heard anything else from the buyer.

Shortly after that it was announced that Mayor Bloomberg's stooges were trying (and succeeding) to get private parties to sell guns to people that admitted that they weren't legally able to buy a firearm.
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Re: Common Sense and Due Caution

Postby allingeneral » Wed, 11 Jan 2012 14:04:45

AlanM wrote:I can't recall if it's been mentioned on these forums, but on one of the Ohio forums that I still monitor a member was negotiating with a potential buyer and in the process of several emails he told the buyer that he'd need to see some sort of id and proof that he was legally able to buy a gun. He never heard anything else from the buyer.

Shortly after that it was announced that Mayor Bloomberg's stooges were trying (and succeeding) to get private parties to sell guns to people that admitted that they weren't legally able to buy a firearm.


This is an excellent point...if you;re selling, don't let the idea of making the sale get in the way of doing what's right. If someone tells you up front that that they're not allowed to own a firearm, then don't make the sale!

Buyer: "I'm buying from you because I don't think I would pass a background check"
Seller: "It was nice meeting you - have a nice day."
Buyer: "Wait! I have Cash!"
Seller: "I'm sorry, but you have provided me with information that would make me guilty of a crime if I sold you my firearm. Have a nice day."
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Re: Common Sense and Due Caution

Postby Remington » Wed, 11 Jan 2012 14:15:24

I took lots of notes. Thanks!


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Re: Common Sense and Due Caution

Postby jrswanson1 » Thu, 12 Jan 2012 08:05:33

AlanM wrote:I can't recall if it's been mentioned on these forums, but on one of the Ohio forums that I still monitor a member was negotiating with a potential buyer and in the process of several emails he told the buyer that he'd need to see some sort of id and proof that he was legally able to buy a gun. He never heard anything else from the buyer.

Shortly after that it was announced that Mayor Bloomberg's stooges were trying (and succeeding) to get private parties to sell guns to people that admitted that they weren't legally able to buy a firearm.


I really wish that the Virginia Attorney General would go after Bloomberg over this. He orchestrated illegal firearms sales, shouldn't RICO apply to him?


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Re: Common Sense and Due Caution

Postby formula73 » Thu, 12 Jan 2012 08:19:26

Can I buy a gun in VA, for instance, once I get back from my deployment, as a WA resident with my change of homeport papers for my ship? Man, this stuff gets confusing, sometimes. I'd like to stay a WA resident because, well, there's no state income tax. :hysterical:


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