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Thread: Laws for Private sale of gun

  1. #1
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    What is the VA law concerning private sale of a handgun?

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    Founder's Club Member Tess's Avatar
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    To another Virginia resident, if you have no knowledge of him being unable by law to purchase/own a handgun -- it's between you two.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

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    Founder's Club Member Tess's Avatar
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    Sheriff wrote:
    To add to what Tess has said.... record the serial number of the weapon you are selling, and record the buyer's identification. If they refuse to provide identification I wouldn't sell them a firearm, just my personal preference.
    Not bad points, but not law. I agree that I'd not sell without satisfying myself the person was who he said he was, but, like sheriff, personal preference.

    I've bought in private sales. One seller wanted to see my Virginia ID, and recorded two copies of a bill of sale, signed by both of us. Another, someone I knew, accepted some cash and handed me a revolver.
    Laws alone can not secure freedom of expression; in order that every man present his views without penalty there must be spirit of tolerance in the entire population. -Albert Einstein

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    I just recently purchased a handgun in a private sale. While I've never sold one privately myself, I would probably do the same thing my seller did if I were to do so.

    A bill of sale was generated citing the Make, model and serial number of the handgun. Verbiage was included to state that the firearm was sold without any warrenties expressed or implied, then the names of the buyer and seller identified in print, signed and dated by both parties and the seller made a photocopy of my identification to keep with his copy of the bill of sale (both copies of the BOS signed in ink by both parties).

    I was completely fine with the transaction. It documents the release andtransfer of responsibilityof the firearm from the seller to the buyer.... so if said firearm was ever stolen from me and used in a crime, the last register of the serial number would point to the seller, who would have signed documentation and ID identifying the buyer, who before that time would have hopefullyfiled a report of a stolen handgun with documentation identifying the firearm. It's still a traceable paper trail and safeguards the buyer and seller... albeit it seems to safeguard the seller more than the buyer.

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    I've boughtthree and sold onehandgun in private sales. The one guy did two copies of a bill of sale (one for me to keep) after we traded VA ID's to check. Also saw his VA CHP. Then traded cash for gun. Second time, we exchanged ID's to check, chatted awhile about guns, then traded gun for cash. I don't know if he recorded my name/info but I got his written down. Third time went the same way.

    When I sold the one gun a week later because I saw something I wanted more and needed the extra money, I looked at the other guy's ID, he looked at mine, traded gun for money. I have his name and address, I don't know if he recorded mine.

    This weekend I'm picking up that other gun I sold the one to fund.

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    Regular Member Thundar's Avatar
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    I keep a bill of sale for every firearm I own. Very good defense if you are sold a stolen gun and po-po later runs the serial # on the gun. Shouldn't have to, but we don't live in a totally free society.
    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Think of it this way. LEO investigate a murder and can't find any evidence except they do find a Glock 19 abot 200 yards away. They confirm that it is probably the murder weapon and have fingerprints for a known criminal on the gun. However when he says that he just saw the gun lying beside the sidewalk and picked it up to look at it but put it back down. They don't have any other evidence on him.

    They also find your fingerprints onthe magazine :whatr on theslide where you cleaned it and trace the gun back to you as original owner. You better have some kind of proof that you got rid of the gun legally. And if you can provide who you sold the gun to it can help with the case. I know that gun registration is a bad word but sometimes it could help. Biggest problem is those that think registration would prevent crimes. It may help solve some but I don't seen any way that it can prevent them and all these other latest big ideas won't do a bit beter.

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    PT111 wrote:
    Think of it this way. LEO investigate a murder and can't find any evidence except they do find a Glock 19 abot 200 yards away. They confirm that it is probably the murder weapon and have fingerprints for a known criminal on the gun. However when he says that he just saw the gun lying beside the sidewalk and picked it up to look at it but put it back down. They don't have any other evidence on him.

    They also find your fingerprints onthe magazine :whatr on theslide where you cleaned it and trace the gun back to you as original owner. You better have some kind of proof that you got rid of the gun legally. And if you can provide who you sold the gun to it can help with the case. I know that gun registration is a bad word but sometimes it could help. Biggest problem is those that think registration would prevent crimes. It may help solve some but I don't seen any way that it can prevent them and all these other latest big ideas won't do a bit beter.
    that's the problem with gun registration. People immediately think that just because it is 'owned' by someone, then that's the person who committed the crime. The second thing with registration is the fact that as much as I support Law Enforcement, I refuse to give up my rights in order to make their job 'easier'. I'm all for helping LEO's but that stops when it starts nibbling at my rights. In the situation you described it's best to contact a lawyer because unfortunately in this world something as stupid as that will get them coming after YOU as a suspect.

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    PT111 wrote:
    Think of it this way. LEO investigate a murder and can't find any evidence except they do find a Glock 19 abot 200 yards away. They confirm that it is probably the murder weapon and have fingerprints for a known criminal on the gun. However when he says that he just saw the gun lying beside the sidewalk and picked it up to look at it but put it back down. They don't have any other evidence on him.

    They also find your fingerprints onthe magazine :whatr on theslide where you cleaned it and trace the gun back to you as original owner. You better have some kind of proof that you got rid of the gun legally. And if you can provide who you sold the gun to it can help with the case. I know that gun registration is a bad word but sometimes it could help. Biggest problem is those that think registration would prevent crimes. It may help solve some but I don't seen any way that it can prevent them and all these other latest big ideas won't do a bit beter.
    Why?

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    Sheriff wrote:
    To add to what Tess has said.... record the serial number of the weapon you are selling, and record the buyer's identification. If they refuse to provide identification I wouldn't sell them a firearm, just my personal preference.
    Agreed!!

    I like to know who had my gun last in case I am asked why it was used in a crime.

    Who will believe... "I sold it to this guy.. I do not know his name!"

  11. #11
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    PT111 wrote:
    Think of it this way. LEO investigate a murder and can't find any evidence except they do find a Glock 19 abot 200 yards away. They confirm that it is probably the murder weapon and have fingerprints for a known criminal on the gun. However when he says that he just saw the gun lying beside the sidewalk and picked it up to look at it but put it back down. They don't have any other evidence on him.

    They also find your fingerprints onthe magazine :whatr on theslide where you cleaned it and trace the gun back to you as original owner. You better have some kind of proof that you got rid of the gun legally. And if you can provide who you sold the gun to it can help with the case. I know that gun registration is a bad word but sometimes it could help. Biggest problem is those that think registration would prevent crimes. It may help solve some but I don't seen any way that it can prevent them and all these other latest big ideas won't do a bit beter.
    The burden of proof is still on the State to prove that you committed the crime with that gun.

    And, aside from the many civil liberties issues with giving the govt a registration scheme, do you really trust the same govt that has issues filling pot holes with maintaining a list of registered owners of firearms without error?

    To the OP, as has been stated before, it's your property and you can sell it, trade it, or give it away at your leisure. Now, knowingly selling a firearm to a felon can get you in some hot water and people in this thread have given you thier ideas on how they'd limit they're 'exposure' but the exact answer is..its the same as selling a piece of furniture, a soccer ball, or a piece of jewelry.

    Personally, I'd take down the information (maybe a photocopy) of the buyer and have him sign off on a bill of sale and file it away in a shoebox. If a LEO approaches me with a warrant for that paper I'll hand it over and request a receipt. Without a warrant, he doesn't get anything.

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    Xeni wrote:
    The burden of proof is still on the State to prove that you committed the crime with that gun.

    And, aside from the many civil liberties issues with giving the govt a registration scheme, do you really trust the same govt that has issues filling pot holes with maintaining a list of registered owners of firearms without error?

    To the OP, as has been stated before, it's your property and you can sell it, trade it, or give it away at your leisure. Now, knowingly selling a firearm to a felon can get you in some hot water and people in this thread have given you thier ideas on how they'd limit they're 'exposure' but the exact answer is..its the same as selling a piece of furniture, a soccer ball, or a piece of jewelry.

    Personally, I'd take down the information (maybe a photocopy) of the buyer and have him sign off on a bill of sale and file it away in a shoebox. If a LEO approaches me with a warrant for that paper I'll hand it over and request a receipt. Without a warrant, he doesn't get anything.
    I agree that they still have to prove you are responsible for what ever crime was done with the firearm.

    It may be easy enough to prove you were at a given location and could not have done it. But for those that were "home.. alone"... they are going to be ran through the ringer needlessly.

    The bad guy needs to be found and you sure do not want to be the last guy they can find as a lead.

    Having a signed and dated document sure does take some of the pressure off.

    If anything.... it is going to help out in showing you sold the gun. Obviously... you could fake the receipt... but they have a name to follow up on and he would likely be the guy they look real hard at... unless he too shows a sales receipt.

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