Posted: 6/17/2008 8:04:38 AM EDT
|
Is the buys under any obligation to check that the firearm is not stolen? I have a pending deal to buy from the "friend" of the owner of the pistol. Is there any legal concerns about buying from someone who is not the owner of the item? (did any of that make any sense?) Thanks in adv. -3D |
You couldn't. More to the point, unless there's something wrong with the gun (like a filed off serial or a brain matter finish) how would anyone know if it was used in a crime? There's no ballistic fingerprinting database in VA, so even if it was used in a crime and you turned it over to the police to see if it was, they probably wouldn't be able to determine it themselves. _MaH |
| get a bill of sale that both of you sign and date and write the make, model, and serial number of the gun on it. you might be able to call the local PD or even VSP and have the number ran. i had a PD friend run a number for me once for an in state sale. had the gun shipped to him at the local PD. |
Is that something I can do? Can I just call a FFX police non-emergency number and say... 'can you check this sn for me?" -3D |
You probably could.... Now let's consider the following: 1) The Paranoid Perspective The phone number is logged along with the request. Phone number is linked to you, they know what gun you have. At best, this means nothing. At worst, a corrupt department frames you for a notorious murder for which political pressure forces them to solve despite an absence of any relevant clues. Again, that's the paranoid perspective. 2) The Other Side Perspective If a known firearm, with a known serial number was used in a crime, then it was confiscated as evidence. If it was a criminal weapon, it's HIGHLY unlikely the firearm would be released back into the public, but rather destroyed. If it was used in a crime, but it wasn't taken by the police as evidence, they would have no record of the firearm on their books and therefore would have no ability what-so-ever to determine from these records if the firearm has, in fact, been used in the commission of a crime. Considering that they're unable to maintain government records about the transfer of ownership of the firearm, how could they possibly know the uses (criminal or otherwise) of the firearm? Just my $0.02. You can give them a call but they'll likely say "We have no way to determine a conclusive answer to your inquiry." _MaH |
I am not sure I follow. Why are you buying from the "friend"? How can he sell you something he does not own? Is he brokering the deal in some way? Do you have any reason to think this deal is hinky? I ask because you have "friend" in quotes. |
Yes, he is brokering the deal. (I have no idea if he gets a commission) If belongs to "a buddy" and he is brokering the deal. This gentleman (local guy, I've seen post here for a long time) has +11 in the EE. Seems gtg to me. I was just a little apprehensive buying from someone other than the owner. -3D |
|
I didn't think it was illegal, the pistol in question was bought from Va arms , I asked my bud to include the receipt in the box to show it was paid for and that he passed the state check. Pistol has all serial numbers on it and was not used in any murders  , I will email you again 3DVR_M4, I have done multiple ftf trades in va, thats where most of my feedback came from, I wouldnt intentionaly do anything illegal  |
|
OK, selling for a non AR15.com using buddy on the computer makes sense. I was just confused by the "friend" selling for the owner thing. In this particular case it doesn't sound necessary, but I don't see why if you were suspicious you couldn't check the serial number with the police just to make sure it is not on a list of stolen guns, not so worried about it being a weapon used in a murder or other crime. No idea how many serial numbers of guns stolen are turned into the police, but certainly suspect some are. Police seizing on your call to frame you for some local unsolved murder sounds extraordinarily unlikely to me. |
Yea, thats all it was, me trying to sell a buddies pistol for him as he is not an AR15.com member and is EXTREAMLY new to the whole firearms hobby. I have been trying to get him on here but he has his other internet vices 
|
|
Simple possession of stolen property is generally a crime. You have to be able to make a reasonable argument that you did not know the item was stolen, and even then you can loose the item. If you paid $200 for a $1000 dollar item it would NOT be good for your argument. Be prepared to name the source of the item. |
You mean this $15 DVD player I bought from a guy's trunk behind the gas station wasn't just a good deal?
|
|
I think ther'es a code section requiring the destruction of weapons used in violent crimes (murders, robberies, etc). Other than that, my impression of the law was the same as HydGuys, that it must be returned to the lawful owner, if that owner can be determined and they petition the court. I've even seen pistols seized on concealed weapon charges returned to the owner after a conviction. But, of course, I've seen the Commonwealth successfully argue against the return as well. Basically, it's up to the judge. |