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pullnshoot25
04-25-2010, 9:41 PM
The situation described below is purely hypothetical

Let's say that I sell a Mauser (or equivalent long gun) to a guy in the legal fashion set out in my license, i.e. I take down his driver's license info, DOB, the serial, etc.

Let's then say this guy gets popped for being a prohibited person in possession of a firearm and the sale is traced back to me.

The question I have is, what happens then? Am I held liable? Can I have criminal charges filed against me?

Just curious...

Sinixstar
04-25-2010, 9:46 PM
my understanding is - the whole thing with logging his DL info, DOB, serial, etc into your bound book only fills the Federal Requirements.

You still have an obligation to fulfill any state requirements set out. Since (i assume you're talking about an FFL-03) you're not technically a dealer, but rather a collector, your transfers would be PPT.
If you failed to meet state PPT requirements, it would be an illegal transfer. It would be no different then sellin some dude a glock out of your trunk. Yes, you would be in trouble.

pullnshoot25
04-25-2010, 9:50 PM
my understanding is - the whole thing with logging his DL info, DOB, serial, etc into your bound book only fills the Federal Requirements.

You still have an obligation to fulfill any state requirements set out. That would mean DROS. If you failed to meet those state requirements, it would be an illegal transfer.

C&R long guns are exempted from the DROS

FS00008
04-25-2010, 9:53 PM
As are black powder pistols and/or antique pistols like a Mauser C96.

Sinixstar
04-25-2010, 9:59 PM
C&R long guns are exempted from the DROS

really??
wow - that's actually surprising for CA.

In that case I have no freakin idea.
:p

Mssr. Eleganté
04-25-2010, 10:00 PM
Federal law say you can't dispose of a firearm to anybody that you "know or have reasonable cause to believe" is prohibited from owning firearms. See §478.99(c) of the Gun Control Act.

California law says you can't knowingly transfer a firearm to somebody whom you have cause to believe is prohibited. See CPC §12072(a).

SVT-40
04-25-2010, 11:05 PM
One alternative is have pre printed forms with spaces for the buyers name DOB drivers license ECT. As well as the description of the C&R firearm.

Also have something to the effect of:

" I am not a felon. I am not on parole or probation. I am not prohibited from owning or purchasing any firearm by either state or federal law. "

Printed on the form. Have the buyer sign it.

By doing so you have done everything within your power to make the transaction as legal as possible.

In addition it's good for record keeping.

Sinixstar
04-25-2010, 11:36 PM
I've been seeing commercials for this site:

http://www.beenverified.com/

Privacy issues aside of individuals being able to run background checks on eachother (that's a whole other topic entirely). Probably doesn't mean a whole heck of a lot - but if you're that worried about it, you could use it as a basic CYA.

Sinixstar
04-25-2010, 11:36 PM
edit : double-post fail.

GrizzlyGuy
04-26-2010, 8:28 AM
One alternative is have pre printed forms with spaces for the buyers name DOB drivers license ECT. As well as the description of the C&R firearm.

Also have something to the effect of:

" I am not a felon. I am not on parole or probation. I am not prohibited from owning or purchasing any firearm by either state or federal law. "

Printed on the form. Have the buyer sign it.

By doing so you have done everything within your power to make the transaction as legal as possible.

In addition it's good for record keeping.

Yes, if it were me I would shamelessly "steal" the Certification of Transferee questions and statement from the 4473 form (http://www.google.com/url?sa=t&source=web&ct=res&cd=4&ved=0CBgQFjAD&url=http%3A%2F%2Fwww.thundertek.net%2Fdocuments%2F 4473.pdf&ei=-K_VS8ipJY-qtgOrpLH1CQ&usg=AFQjCNH8CQKtocuWNbJB5AOR9V2mytc3Ug&sig2=uoZAdn4w_sLF4biCklPEmQ) and incorporate into my own form that the buyer would fill out and sign. I was fortunate to have the opportunity to answer those questions yet again this weekend. 8 more days... :)