Posted: 2/12/2008 6:22:35 AM EDT
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I don't own an AK and don't really want one but I have a friend that recently acquired one that is disassembled but all the parts are supposed to be there. He told me the parts have something like 'Remington' stamped on them. I told him its probably a 'Romanian' and he quickly recognized that it did say Romanian. It's not stolen or illegal in any way. He is not a gun guy, does not have a FOID card and doesn't want a FOID card nor does he really want the AK. How my buddy acquired the AK.... My buddy loaned his friend $50 cash. The friend moved to NY from IL. and offered the disassembled AK as re-payment for the $50. It was that or nothing. The reason the AK was originaly disassembled is because the guy has kids he did not trust with a functioning gun in the house which indicates some level of responsibility. My buddy will take $50 for the Romanian AK. I have yet to see it and he doesn't know what boolits it takes. I wouldn't mind having it just to become framiliar with the AK platform. It would be more desirable to me if it were chambered for 5.45x39 or even .22LR. My question is: Considering my buddy does not have a FOID how would I lawfully take possesion of this rifle? I do have a valid FOID. Thanks in Advance |
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Does he have the receiver? You may have a parts kit only and that's ok to accept without paper work as long as the Receiver is NOT included. All you would have then legally is parts. If he's trading / selling you a receiver you are then required to go the FFL route to legally transfer it wether assembled or not. Especially he's now in New York your transferring across state lines and must obey Federal laws as to a Receiver transfer. Cliff notes: parts only OK....... Receiver = FFL (a must) ! |
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I thought In our wonderful land of oz (IL) we can still purchase FTF without an FFL? The whole thing about not having a FOID does complicate it though. But, If the firearm is Legal, just keep records of serial number and personal information and it should be good to go. Other states (most of them) do not have a certain ID for acquisition of firearms, and I would then presume that a FTF sale in those states works the same way in IL? Sorry If I have confused this thread anymore. I do not see any illegal dealings as long as the firearm is not stolen or used in illegal ways nor the serial number vandalized. I would say just keep a paper trail and should be GTG??? **DO NOT TAKE THIS AS LEGAL COUNSEL, THIS IS MY PERSONAL TAKE AND OPINION ON THE MATTER** |
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Heck I'm rereading his post. It's a bit vague as to what's happening here. If its parts kit only, which is a very common term with AK's and FAL's (without the receiver it's a very easy answer) Its then just parts. Find and dandy, no paperwork is needed. Unless your somewhere that has local laws preventing things such as: possession of large cap magazines of other parts that may be included. But it needs to be clearly described if a receiver is involved and if the "buddy" lives in Illinois or New York. It's getting muddled with the statement that the buddy does not have a FOID. If you look at the back of your current foid card. And I am in no way an expert on this matter. But for this guy with 8 posts here The Receiver still ='s the Firearm.  PS. card was renewed and is current as of November of 2007 Are there 3 sets of hand's involved with this transfer or only 2? $50 dollars for a rifle disassembled is just too good to be true. I'm thinking it's just a parts kit. Sometimes if it sounds too good to be true, somethings stinky about the situation. If it's a full rifle I'd be very suspicious. We need more information. The more I think about this situation the uglier it is. |
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granted it has been said many times that everything else but the reciever is ok to ship. not going to argue with that in the least. but here is something that caught my attention. does he know what the reciever is??? and if it is there?? that alone would help solve matters in this case i would say. |
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Your post is a bit confusing due to lack of information, but here is what i am reading: Party #1 has disassmbled AK, gives it to Party #2 as payment. Party #2 does not have a FOID, want sto give it/sell it to you. Things to clarify: Is this a complete weapon, or just parts for an AK, i.e. is the reciever included? If there is a receiver it is considered a firearm, if not, it is just a pile of spare parts. If *any* of the partys have possesion of a firearm and are a resident of Illinois, they must have a FOID card. I.E. if Party #2 currently resides in Illinois and took possession of the AK (a copmlete firearm with a receiver) without a FOID card, he is currenlty committing a crime by being in possession of it. |
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Thanks for the activity here! Dawg180 has it right but lets forget about the details and subjectivity as to what the item is worth. In this case Troy couldn't care less as to its worth and simply wants to recover his $50. We know and it has been established that Troy is committing a crime by simply possessing this item. The question at hand... Lets say IL. resident AngelohasHow does Angelo take lawful possession of said firearm? Thanks for your time. BEWARE: DANGEROUS GUARD DOGS ON ALERT!! http://aycu28.webshots.com/image/43587/2006003599983361636_rs.jpg |
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You have an intersting catch 22 I believe...your friend can't legally own the firearm, so trying to buy it off him is an illegal transaction too I beleive. Honestly, I would have your friend get his FOID car ASAP. Then you can do a FTF sale in good faith and everything is legal. |
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Best bet would be for you and your friend to bring the AK to a FFL. Your friend can transfer the AK to the FFL with just his DL, the FFL will log it into his book and you will need to do a 4473, wait the 24hrs, to bring it into your posession. In a face to face sale among IL residents, both parties to need to have a FOID. |