private handgun sale

[truckerman]

is it legal to make a private sell to a person with a dishonorable military discharge?

[acguy45]

Firearms
The dishonorable discharge is based on a general court-martial conviction. This means the conviction is a felony, regardless of what the underlying offense may have been. The convicted felon is banned from possessing a firearm. A person who is convicted of a crime that is punishable by imprisonment for more than one year is prohibited from possessing a firearm. Under 18 U.S.C. 922(g), a felon who is found guilty of gun possession may serve up to 10 years in prison.


I would definately not knowingly sell a firearm to that person. Now they can always appeal the finding and have there right reenstated but that would be a nut roll and probably be unsuccessful for them.

[truckerman]

thanks for the info..dont want to get myself in trouble doing something like that

[t33j]

As a matter of pedantry, the sale is legal. Him taking possession of it is not.

[zephyp]

Without having to go search for the form I seem to remember a question "were you dishonorably discharged..."

Cant remember if its on a firearms form or CHP...

[OakRidgeStars]

Pretty sure that question is on ATF 4473

[GS78]

is it legal to make a private sell to a person with a dishonorable military discharge?

The premise is all wrong. It is legal to conduct a private sale of a firearm between two people, both of whom are legal residents of the same state.


....seems to me that is about all I need to know. A proper I.D.

anything else and I am heading down " a slippery slope".


I do require that any sale I make, I have the buyer sign a form stating that they are not a felon, and are not under any court ordered restrictions for domestic abuse and that they intend no person any harm at the time of said sale. Thats all.

[Diomed]

This:

The premise is all wrong. It is legal to conduct a private sale of a firearm between two people, both of whom are legal residents of the same state.


....seems to me that is about all I need to know. A proper I.D.

anything else and I am heading down " a slippery slope".

Seems to be at odds with this:

I do require that any sale I make, I have the buyer sign a form stating that they are not a felon, and are not under any court ordered restrictions for domestic abuse and that they intend no person any harm at the time of said sale. Thats all.

[zephyp]

In addition to asking if they are a felon I ask the question can you legally own and posses a firearm here in VA...that covers all the questions without asking them specifically...there are other disqualifies than being a felon.

[Virginia2AM]

Pretty sure that question is on ATF 4473

you are correct - question 11-g

[gunderwood]

Pretty sure that question is on ATF 4473

you are correct - question 11-g

Strictly speaking, that doesn't preclude a private sale though. I.e. just because you can't buy from a dealer doesn't make a private sale illegal. E.g. buying a handgun in a private sale when you are under 21, but over 18. A dealer transaction like that would be illegal. That being said, I do think that a dishonorable discharge prohibits the sale.

[CowboyT]

Ac45guy is right. Dishonorable discharges are only done after a conviction in a general court-martial. There are three types of courts-martial:

1.) Summary,
2.) Special, and
3.) General.

The most serious is the General Court-Martial. Only here can a trial take place for offenses lasting over a year, i. e. felonies. Only through a conviction in a general court-martial is someone ever given a Dishonorable Discharge. The "double-D" is so serious that you had to do something really bad, and you're screwed for the rest of your life. A DD is a huge, huge stigma. Felony convictions in a general court-martial usually result in a Bad Conduct Discharge, or BCD, which is not quite as serious as a DD, but it's still bad.

So, it's pretty much guaranteed that anyone with a DD has a felony rap, and is thus ineligible to possess a firearm anywhere in the United States. You could be nailed for "knowing or should have known" that this person's a felon. Please, don't do it.

[Virginia2AM]

Pretty sure that question is on ATF 4473

you are correct - question 11-g

Strictly speaking, that doesn't preclude a private sale though. I.e. just because you can't buy from a dealer doesn't make a private sale illegal. E.g. buying a handgun in a private sale when you are under 21, but over 18. A dealer transaction like that would be illegal. That being said, I do think that a dishonorable discharge prohibits the sale.

Correct, since the reason you need to fill out ATF 4473 is because the transaction is with a licensed dealer.
Private sale - you are responsible for how many questions you ask and final decision you make. I know I would be over-caucious and probably not sell to anyone I did not know personally for some time