Is this legal? A good idea?

[a.bentonab]

So I've got my XDsc up for sale in the classifieds. I received a PM from a member a pretty good distance away. He wants the pistol, but understandably the drive is a little much. He thinks that he could have a buddy who is closer buy it and then eventually meet up with him. Would this be a good idea? or even legal? I would be selling the pistol to a person I've never seen. That said, I went looking and it looks like between individuals the only rules are that I don't believe he is a felon/alcohol abuser/drug abuser.

EDIT: Just called the evansville police department information line and they said there are no laws against it, go ahead and sell it. I would still like to hear some of your thoughts.

 

[shibumiseeker]

If the person to whom you physically sell the gun to is eligible to buy a gun, and the person who is the ultimate destination is eligible to buy a gun then you should be good to go.

I suspect if you did a lot of that you might undergo some scrutiny but to the best of my knowledge there's nothing illegal about it.

 

[barrelmaker_2002]

If all three people are IN residents and legally able to own a firearm, then the transaction is legal.

That being said, I would not do it. I have this need to eyeball people before I sell 'em a gun (or sell one to their buddy for the sole purpose of cutting my drive time).

And that is my choice.

 

[andrewheath]

Given i were in you're shoes, I'd ask both individuals provide a photocopy or fax of drivers license and LTCH if you can't meet both in person. The LTCH will provide a reasonable documentation of him not being felon/drug abuser/alchohol abuser. The drivers license will provide the authenticity of the name on the LTCH. While this may could very well turn out to be a good deal with the individuals I'd certainly take steps to make sure it isn't a setup for a 'straw' purchase. Something to think about I suppose.

 

[Blue Tile Spook]

Yep, IMO, documentation for my own personal due diligence would be a must for something like this, but I would not be comfortable doing it in the first place. I don' trust nooooobody!

 

[jedi]

An ATTY once tol me to trully cover yoour butt it is best to only sell your firearms via an FFL even if you pay for the transfer fee. This ATTY (who is a gun owner) says he has only done it this way and while it is LEGAL in IN to do via face 2 face private sale he won't. I have never sold a firearm but if I ever do it will be via an FFL even if I pay for shipping and the transfer fee. Piece of mind I guess for me that everything is legal and documented and noone can come back and point the finger at me for anything.

 

[singlestacksig]

sounds fishy to me..

 

[Joe Williams]

I wouldn't do it. Reeks of a straw purchase.

If he doesn't want to come get it, perhaps you can arrange to have it shipped via FFL.

 

[printcraft]

Do your due diligence in determining that the purchaser is a resident of
Indiana and not a felon or otherwise prohibited,
and ask for a fax or copy of the drivers license and LTCH if applicable.

Also if the friend is buying their drivers license and LTCH if applicable.
Also if the friend is buying just make a bill of sale stating you are selling
to the friend and let them work it out on their own.
Anybody I sell to could sell to one of their friends the next day anyhow.

I would want to have several conversations with them both anyhow.

 

[rockydog]

Hrmm.....I guess I wasn't thinking the way you guys are either. I have thought about having my father or step father who live in Anderson/Muncie pick up a gun for me a few times, since I live way up here in the great white north LOL. I understand what you are all saying, but since they are good people too, I guess I didn't think that way (in fact, I was more worried about sending them into a situation with someone I didn't know )

 

[Disposable Heart]

Given i were in you're shoes, I'd ask both individuals provide a photocopy or fax of drivers license and LTCH if you can't meet both in person. The LTCH will provide a reasonable documentation of him not being felon/drug abuser/alchohol abuser. The drivers license will provide the authenticity of the name on the LTCH. While this may could very well turn out to be a good deal with the individuals I'd certainly take steps to make sure it isn't a setup for a 'straw' purchase. Something to think about I suppose.

Exactly what I was thinking.

Cover your tuckuss in case these folks are not legit!

 

[samot]

check out the dude you are selling to. if hes cool i would continue the transaction. once you have exchanged money & he walks with the gun what else do you have to do with it? once youve sold him the gun it is out of your hands.. he could give it to a bum on the side of the road.... that goes with anyone you sell a firearm to that you dont know personally. Just cause he tells you he is going to sell it to the other dude, doesnt mean hes going to IANAL

 

[hps]

I think as long as the person that picks up the weapon has his permit, you are really selling the weapon to this person LEGALLY, what he does with it after the sale is totally on him. Bill of sale and a visual (drivers license) of confirmation that the person is who he says he is. Bill of sale for him and one for ur self signed by both. A witness wouldn't hurt.

 

[darinb]

I think as long as the person that picks up the weapon has his permit, you are really selling the weapon to this person LEGALLY, what he does with it after the sale is totally on him. Bill of sale and a visual (drivers license) of confirmation that the person is who he says he is. Bill of sale for him and one for ur self signed by both. A witness wouldn't hurt.

+1 along the lines I was thinking.

 

[U.S. Patriot]

The only way personally I would do it is by transfer of ownership at a gun shop. That way you *** is out of the ringer if anything happens. Also you will know for sure if the guy is a felon when they do the NIC check. If his friend wants to do it, I would make him do the transfer.

 

[SSGSAD]

Given i were in you're shoes, I'd ask both individuals provide a photocopy or fax of drivers license and LTCH if you can't meet both in person. The LTCH will provide a reasonable documentation of him not being felon/drug abuser/alchohol abuser. The drivers license will provide the authenticity of the name on the LTCH. While this may could very well turn out to be a good deal with the individuals I'd certainly take steps to make sure it isn't a setup for a 'straw' purchase. Something to think about I suppose.

Whenever I sell a gun, any gun, hand, or long, I get copies, of DL. & LTCH, and hand write a reciept... That way if anything happens, and the police knock on my door, I can show reciept, and DL, & LTCH.... CYA.

 

[JAMZ]

Just get a bill of sale that has serial model numbers and both signatures dates etc....
To cover your ass and like what was mentioned before check id......ive done it plenty
no law says you have to register or paperwork a weapon

 

[IndyBeerman]

I wouldn't do it. Reeks of a straw purchase.

If he doesn't want to come get it, perhaps you can arrange to have it shipped via FFL.

I also strongly think this reeks as a straw purchase. And if he is not willing to meet and provide his DL and LTCH that the only way you should do this through a FFL to insure and protect yourself.

 

[ShooterLee]

Sounds like a straw purchase, but who knows, maybe he is telling the truth. Legally, you're golden. Morally, it's your decision.

 

[gmiller]

and ask for a fax or copy of the drivers license and LTCH if applicable.

Asking to see the buyer's LTCH is a great idea, because as we all know, Indiana's permit is impossible to forge. And there's no way someone looking to illegally purchase a firearm would go through all the trouble of getting pink paper.

But seriously, the buyer isn't required to have a LTCH, as Indiana's law specifically excludes transporting the gun from a place of sale to the person's home as long as it's in a "secure wrapper".

It does smell funny, but in all seriousness, there's nothing you could do to verify he could legally purchase it if he showed up in person. So his only motive for not showing up in person would be that he looks so much like a stereotypical criminal that you wouldn't sell it to him. Or, he really just doesn't want to drive that far.

But as far as my opinion goes, I think you're abusing the law. I interpret the face to face transfer exemption as a convenience more for people who know each other. And if such transfers like this one become common, the law is going to get changed, and they'll probably have a dozen other amendments to the bill too that we won't like. I say go through an FFL. There is no extent of checking driver's licenses, IDs, LTCH, etc that will provide any real integrity to the transfer.