• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Clause on form when buying firearm

Mungo

Regular Member
Joined
Nov 29, 2008
Messages
66
Location
Cary, North Carolina, USA
imported post

So, for whatever reason, I was going through the forms a local dealer has for you to fill out when purchasing a firearm. One of the forms, from the "Professional Gun Retailers Association" actually states:

"In my words to the retailer, in my dress, manner, actions and general appearance, there is nothing for a reasonable person to think I am NOT qualified to make a firearms purchase."

This was actually one of the bullet points a firearms purchaser has to check off and then sign the form.

I'm not one to be easily offended - but this phrase actually put me off a bit. The salesman joked, "Yeah, I don't get paid a commission, so I don't want to have it on my conscious if someone goes out and kills someone."

A couple of things hit me. In ANY other arena, other than firearms purchase, the decision to do something or not do something based on someone's appearance is prejudice and in a lot of cases ILLEGAL. So why is it legal when purchasing a firearm?

I recently read in a 2nd Amendment magazine that likened legislation that requires one to pass a written test to purchase a firearm to the old literacy tests for voting. Each civil right is equally important - none being more important than the other. So, how is it a store clerk, who has no psychological background or experience, can determine if I am qualified to buy a firearm BY MY APPEARANCE ALONE?

So, I wonder if this salesperson's conscious would be equally weighed down if he denied the sale of a firearm to someone based on their appearance and they subsequently left the store and was killed by a person with malicious intent? He effectively has the authority to determine if someone has the right to defend themselves.

Forget what the new administration may do to gun ownership. Joe Blow behind the counter has just as much authority to deny a sale.

Granted - you can go to another firearms dealer, but firearms dealers aren't like gas stations or drug stores. Going to another dealership may be a hardship on someone - especially if they don't have the means to dress in a certain manner or other wise look the part.

To me this is outrageous. It's one thing to have this as an "unwritten policy" but to blatantly come out and have it in writing?
 

Legba

Regular Member
Joined
Mar 23, 2007
Messages
1,881
Location
, ,
imported post

I've never heard of this form or even this professional association, buta dealer can deny a sale to anyone for whatever reason. We have a legal duty to do so if we think it might be facilitating an illegal transfer (e.g. "straw purchase"), but it's been my experience that you can't go by appearances. We had a guy who looked like he was right off a prison bus who got cleared faster than I do for a purchase, and another time when a cop - in uniform and on his way to work, no less- was outright denied (supposedly a case of mistaken identity).

You may have a right to have guns, but nobody has a duty to sell you one.

-ljp
 

jbone

Regular Member
Joined
Jun 4, 2008
Messages
2,230
Location
WA
imported post

Did you ask the sales person what training, degree or law qualified and allowed him to judge you?
 
Top