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We Are Apocalypse
02-01-2010, 3:58 PM
I didn't find anything on search so I decided to start a thread. Just posing a hypothetical situation

Let's say someone sells another person an AR-15 upper receiver through private sale and the buyer, unbeknownst to the seller, is restricted from owning a firearm (convicted felon).

Now suppose this buyer somehow gains access to an AR-15 lower receiver (obviously through illegal means), pins himself together a rifle and commits a crime with said rifle. This felon, gets caught, rifle confiscated.

The DA asks where he got the rifle from and explains he gained the lower through illegal means and bought the upper from the seller mentioned previously. Is there anything the DA can prosecute the seller with?

I guess me question is, we never really know who we are selling to in the private sales forum, where does a seller's liability end in situations like this?

mjukis
02-01-2010, 4:01 PM
My gut reaction is that the upper is not considered a weapon and as such you can sell your metal tube with bits on it to as many convicted felons as you please. Have I been misinformed?

alex00
02-01-2010, 4:05 PM
The upper is not a firearm. You as a seller are under no obligation to vet the person buying it from you. You may get a phone call about it if the investigation leads that way, but that's about it.

BKinzey
02-01-2010, 4:12 PM
You sell an axe to a guy at a garage sale. Turns out he was an axe murderer and kills a little girl, 2 puppies and a kitten, with it.

Liability?:eek::D

huggybear
02-01-2010, 4:18 PM
You sell an axe to a guy at a garage sale. Turns out he was an axe murderer and kills a little girl, 2 puppies and a kitten, with it.

Liability?:eek::D

10 waiting period and background checks for all axe purchases fixes that.

Packy14
02-01-2010, 4:24 PM
10 waiting period and background checks for all axe purchases fixes that.


great..the cat is out of the bag.. you've said it, now cali will put it into law ;)

RideIcon
02-01-2010, 4:50 PM
the upper is not regulated, no crime

B Strong
02-01-2010, 5:04 PM
I didn't find anything on search so I decided to start a thread. Just posing a hypothetical situation

Let's say someone sells another person an AR-15 upper receiver through private sale and the buyer, unbeknownst to the seller, is restricted from owning a firearm (convicted felon).

Now suppose this buyer somehow gains access to an AR-15 lower receiver (obviously through illegal means), pins himself together a rifle and commits a crime with said rifle. This felon, gets caught, rifle confiscated.

The DA asks where he got the rifle from and explains he gained the lower through illegal means and bought the upper from the seller mentioned previously. Is there anything the DA can prosecute the seller with?

I guess me question is, we never really know who we are selling to in the private sales forum, where does a seller's liability end in situations like this?

Lot's of worrying about nothing in your post -the upper is not a regulated part.

You can not be prosecuted for selling something that isn't regulated by law.

You could however find yourself in civil court, but unless the upper was sold to an individual in a situation of gross negligence (I told the guy with the upper that I wanted to shoot 15 cops, and he told me to shoot one for him!) That's a pretty far-fetched fear as well.