Underage Purchase?

Swann · Oct 21, 2008

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I went to the gunshow this weekend and I was very skeptical to walk up to a independent person to solicate him about the pistol he was selling.Something in my mind said soliciation of other things is illegal I should check on this first seeing as a Richmond police officer was about 10 feet away.

So if this is totally legal, does anyone have say a Ruger 9mm, Smith&Wesson 40cal... Pretty much open to any 9mm or 40cal pistol, I dont need a little gun to piss someone off trying to hurt my self and family, I need a gun to stop them in their tracks.

nova · Oct 21, 2008

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I'm confused. Are you underage? Under 18? :question:If so, this site isn't for discussing illegal activities that you shouldn't be doing to begin with.

If you mean you're between 18 and 21 and want to buy a handgun in a legal (in VA) private sale, that's another matter altogether.

Bullbuster · Oct 21, 2008

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Swann wrote:

I went to the gunshow this weekend and I was very skeptical to walk up to a independent person to solicate him about the pistol he was selling.Something in my mind said soliciation of other things is illegal I should check on this first seeing as a Richmond police officer was about 10 feet away.

So if this is totally legal, does anyone have say a Ruger 9mm, Smith&Wesson 40cal... Pretty much open to any 9mm or 40cal pistol, I dont need a little gun to piss someone off trying to hurt my self and family, I need a gun to stop them in their tracks.

Click to expand...

First off tell us about yourself. For starters your age. From what you said you appear to beunder 18 looking to buy a gun. If thats the case you came to the wrong place. No one here is going to assist you in illegal firearms dealings. I can only assume your underage and it wouldn't be for protecting your family maybe yourself while doing illegal things.

Grapeshot · Oct 22, 2008

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I personally must know the person to whom I am transfering the firearm or it ain't gonna happen quite that easily. To Swann I don't know you at all.

Either way ID data will be seen, recorded and papers signed for my files.

Yata hey

ChinChin · Oct 22, 2008

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Swann wrote:

I went to the gunshow this weekend and I was very skeptical to walk up to a independent person to solicate him about the pistol he was selling.Something in my mind said soliciation of other things is illegal I should check on this first seeing as a Richmond police officer was about 10 feet away.

So if this is totally legal, does anyone have say a Ruger 9mm, Smith&Wesson 40cal... Pretty much open to any 9mm or 40cal pistol, I dont need a little gun to piss someone off trying to hurt my self and family, I need a gun to stop them in their tracks.

Your account of events is poorly worded. Are you stating you were hesitant to apporach the individual because HE looked underage or that you were hesitant to approach them because YOU were underage?

If the former is true, your fears can be asuaded by asking him to show you valid state issued ID with a birthdate on it to insure the transaction falls within lawful parameters and to protect yourself against an unlawful purchase.

If the latter is true, you are S.O.L. until you become of age to lawfuly own a firearm.

peter nap · Oct 22, 2008

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Well Swann, I rarely sell guns but it just so happens that I do have a 9mm that I hate for sale. I also don't ask a lot of questions mostly because I don't like answering questions.

I just refuse to either buy or sell from someone I get red flags from and I wouldn't consider selling anything more powerful than a slingshot to you!

This is the wrong website to try this on.:X

nova · Oct 22, 2008

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OK now after looking at his other post here on the site he says he's 19.

http://opencarry.mywowbb.com/view_topic.php?id=17187&forum_id=54&jump_to=283378#p283378

He probably was afraid to approach someone to buy even though he's legal to do so, a lot of people don't know that 18+ is the age for private sales in VA. That is, if I'm interpreting his post here correctly. The original post in this thread is just confusing though.

Swann · Oct 22, 2008

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Damn its easy to get beat down on this website, sorry for any misunderstanding. I am 19 Years old and in the Army National Guard. I just wasnt 100% sure on the law, I was just trying to ask someone else a question about trying to buy a gun between 18 and 21 before I got in trouble over a misunderstanding.

Thanks for clearing that up Nova.

peter nap · Oct 22, 2008

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Swann wrote:

Damn its easy to get beat down on this website, sorry for any misunderstanding. I am 19 Years old and in the Army National Guard. I just wasnt 100% sure on the law, I was just trying to ask someone else a question about trying to buy a gun between 18 and 21 before I got in trouble over a misunderstanding.

Thanks for clearing that up Nova.

Sorry Swann, the post by itself looked bad. Thankfully, Nova went back and looked. If it makes you feel any better, I jumped on someone trying to sell a pistol who would only sell to a LEO or CHP holder.

I had a small town police chief describe me as "Unpleasant" once.

The reason this site is particular about NOT discussing illegal activities is that it gives the pro 2A group a bad name...not to mention being plain stupid on the internet. The anti's make up enough stories without being handed one.

It's a shame you didn't ask at the show. There were a couple of XD's floating around in the 275.00 range.

2a4all · Oct 22, 2008

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I might be missing something obvious here, but how do you know that the firearm being offered for sale by a private individual at a gun show isn't stolen?

Or worse, that it was used in a crime (homicide)?

Edited for the crime question.

peter nap · Oct 22, 2008

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2a4all wrote:

I might be missing something obvious here, but how do you know that the firearm being offered for sale by a private individual at a gun show isn't stolen?

You don't! Run the number and sleep well at night.

bayboy42 · Oct 22, 2008

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2a4all wrote:

I might be missing something obvious here, but how do you know that the firearm being offered for sale by a private individual at a gun show isn't stolen?

You don't unless there are obvious signs that is it. Even if it is, what's the penalty for the purchaser?

peter nap · Oct 22, 2008

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bayboy42 wrote:

2a4all wrote:

I might be missing something obvious here, but how do you know that the firearm being offered for sale by a private individual at a gun show isn't stolen?

Click to expand...

You don't unless there are obvious signs that is it. Even if it is, what's the penalty for the purchaser?

If LE discovers it instead of you...

A lengthy explanation of how you got the gun and possibly being charged with receiving stolen merchandise.

bayboy42 · Oct 22, 2008

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peter nap wrote:

bayboy42 wrote:

2a4all wrote:

I might be missing something obvious here, but how do you know that the firearm being offered for sale by a private individual at a gun show isn't stolen?

Click to expand...

You don't unless there are obvious signs that is it. Even if it is, what's the penalty for the purchaser?

Click to expand...

If LE discovers it instead of you...

A lengthy explanation of how you got the gun and possibly being charged with receiving stolen merchandise.

Cite?

Grapeshot · Oct 22, 2008

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2a4all wrote:

I might be missing something obvious here, but how do you know that the firearm being offered for sale by a private individual at a gun show isn't stolen?

Yes you are missing something here.

How do you know anything you buy from a private individual at a flea market is not stolen?

Should all personal property be sold only through licensed/registered dealers: knives, baseball bats, bow and arrows, rope, vehicles etc., etc.?

What I am missing here is that you use the VCDL logo as your avatar but seem devoid of any understanding of that organizations philosophy/position on private sales. Why is that?

Yata hey

peter nap · Oct 22, 2008

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Grapeshot wrote:

2a4all wrote:

Cite?

§ 18.2-108. Receiving, etc., stolen goods.
A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender is not convicted.
B. If any person buys or receives any goods or other thing, used in the course of a criminal investigation by law enforcement that such person believes to have been stolen, he shall be deemed guilty of larceny thereof.
(Code 1950, § 18.1-107; 1960, c. 358; 1975, cc. 14, 15; 2008, c. 578.)

FogRider · Oct 22, 2008

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http://cjencyclopedia.com/index.php?title=Receiving_stolen_property

It looks like that you have to know the goods are stolen to be convicted, but I doubt that would keep you from being charged. The really bad part is it's a first degree felony. Even if you are not convicted just being charged is going to be a real PITA.

Disclaimer: IANAL, I just know how to use google.

bayboy42 · Oct 22, 2008

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peter nap wrote:

Grapeshot wrote:

2a4all wrote:

Click to expand...

Cite?

§ 18.2-108. Receiving, etc., stolen goods.
A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender is not convicted.
B. If any person buys or receives any goods or other thing, used in the course of a criminal investigation by law enforcement that such person believes to have been stolen, he shall be deemed guilty of larceny thereof.
(Code 1950, § 18.1-107; 1960, c. 358; 1975, cc. 14, 15; 2008, c. 578.)

So the state would have to prove that the purchaser was aware that the goods were stolen....the purchaser wouldn't have to prove that he didn't know....right?

peter nap · Oct 22, 2008

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bayboy42 wrote:

peter nap wrote:

Grapeshot wrote:

2a4all wrote:

Click to expand...

Cite?

§ 18.2-108. Receiving, etc., stolen goods.
A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender is not convicted.
B. If any person buys or receives any goods or other thing, used in the course of a criminal investigation by law enforcement that such person believes to have been stolen, he shall be deemed guilty of larceny thereof.
(Code 1950, § 18.1-107; 1960, c. 358; 1975, cc. 14, 15; 2008, c. 578.)

Click to expand...

So the state would have to prove that the purchaser was aware that the goods were stolen....the purchaser wouldn't have to prove that he didn't know....right?

The state usually trys to prove that the circumstances were such or that the price was so good, any prudent person would have known.

But since I see one of your arguments coming, let me change my stance.....Your exactly right, don't run the numbers!:uhoh:

Grapeshot · Oct 22, 2008

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peter nap wrote:

§ 18.2-108. Receiving, etc., stolen goods.
A. If any person buys or receives from another person, or aids in concealing, any stolen goods or other thing, knowing the same to have been stolen, he shall be deemed guilty of larceny thereof, and may be proceeded against, although the principal offender is not convicted.
B. If any person buys or receives any goods or other thing, used in the course of a criminal investigation by law enforcement that such person believes to have been stolen, he shall be deemed guilty of larceny thereof.
(Code 1950, § 18.1-107; 1960, c. 358; 1975, cc. 14, 15; 2008, c. 578.)

Don't recommend that anyone buy a new customized Wilson Combat 1911, new in the box for $100.00 - it might be stolen - and your defense might be a tinsy weak.

Buy a $550.00 value pistol for $400.00 & exchange and retain ID information - you have probably eliminated any potential problems. In the -.0001% that the firearm is not clean, I think the worst that you will suffer is the loss of the money.

Yata hey

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