Selling firearm back to a friend - not sure what to do

[Benny]

If I do it, I'm doing no less than a tranfer via FFL. I'm wondering if I should have her sign another document saying this will not end up in the hands of someone who is not allowed to have firearms. Or is that covered by the FFL transfer?

That's covered in the 4473 she will have to fill out.

 

[aikidoka]

That's covered in the 4473 she will have to fill out.

Good. I'll see about that tomorrow.

 

[CSK22]

1. Go through an FFL.

or

2. Don't do it at all

 

[Indecision]

1. Go through an FFL.

or

2. Don't do it at all

 

[ThrottleJockey]

In this situation (a tough one), I would say that I had sold them elsewhere or that I don't sell guns anymore. I would not participate in any more conversation about it, and find friends that exercise better judgment skills. Now, you have other things to worry about, like being robbed or burgled.

 

[Benny]

In this situation (a tough one), I would say that I had sold them elsewhere or that I don't sell guns anymore. I would not participate in any more conversation about it, and find friends that exercise better judgment skills. Now, you have other things to worry about, like being robbed or burgled.

He's not asking for your opinion, he's asking for a way to transfer these firearms back to his friend(whom he had a prior arrangement with) without risking running into legal troubles down the road.

Going through an FFL is the way to solve this problem.

 

[ThrottleJockey]

Going through an FFL is the way to solve this problem.

Well, that's been said. FOR 3 PAGES!!! Should we try for 3 more? Or offer other options?

 

[henry0reilly]

If it were me I wouldn't have any problem adjusting the price for inflation a little bit.

 

[gund]

I don't think the signed documents of a bill of sale will hold up in court.

Why the hell not? A very strong statement to make don't you think?

 

[Josh Ward]

No, you are being prudent.

Tell her you want to cover YOUR arse, and that you want to transfer them through an FFL.

Make her pay the transfer fee.

If SHE can legally buy one, then let her go through the background check. That covers YOU. You now KNOW that you have sold to an "eligible" person.

If she goes through the paperwork, and THEN turns it over to him (knowing he CAN'T have one), then SHE has committed the felony, NOT you!

I agree with this....cover your hind end legally and by doing this you are still upholding your end of the agreement you had.

 

[concrete dog]

agreed

No, you are being prudent.

Tell her you want to cover YOUR arse, and that you want to transfer them through an FFL.

Make her pay the transfer fee.

If SHE can legally buy one, then let her go through the background check. That covers YOU. You now KNOW that you have sold to an "eligible" person.

If she goes through the paperwork, and THEN turns it over to him (knowing he CAN'T have one), then SHE has committed the felony, NOT you!

im in total agreement with mgderf go through ffl and cover your own arse

 

[GregD]

Staying true to your word is very important, but you must do it legally. Go thought an FFL and let her pay for it, if not just keep the guns. Something just doesn't seam right with her.

 

[theweakerbrother]

Why the hell not? A very strong statement to make don't you think?

https://www.indianagunowners.com/fo...on/60662-face_to_face_transfer_questions.html

Read Prometheus' post specifically. A signed bill of sale means very little when it comes to crunch time in court.

I like very strong statements. Don't you?

 

[Benny]

Why the hell not? A very strong statement to make don't you think?

Yeah, even if it did hold up in court, why not avoid court all together and go through an FFL? She has a close relative(firearms dealer) that will actually buy the firearms from him and sell them to her...Wouldn't that essentially wash his hands clean if anything were to happen involving those firearms?

Well, that's been said. FOR 3 PAGES!!! Should we try for 3 more? Or offer other options?

You mean options he wasn't asking for?

 

[indyjs]

Another view:

You took in an asset that was joint property. When their legal union is back together, you can fulfill your promise.
Or just do the FFL and be done with it.

 

[Bill B]

1. Go through an FFL.

or

2. Don't do it at all

3. Call the ATF and tell them that you think some one is trying a straw purchase. If it wasn't a friend that's what I would do.

 

[DeadeyeChrista'sdad]

Call me a suspicious sort, but I gotta wonder. If hubby number two IS a crook, and she told him about herself and hubby number one selling you their gp 100 and their AR for 500.00 a few years ago, and how you offered to sell them back at the same price, wouldn't that send his little mind spinning thoughts of easy profit? Tell you they want to buy them back, give you the 500.00, Sell the AR for 650.00, sell the GP for 400.00, and pocket the difference!!! Hmmmm.... I just gotta wonder about the motivation behind this sudden desire to have them back. And I do agree with three earlier posters.
1 While you DID make the offer, it is essentially a long term no interest loan. If you're ok with that, then ok.
2 This is NOT the same family unit you bought them from. If your friendship is primarily with the woman, then so be it. Otherwise, hmmm.... tough call.
3 OOOOOOOOOH yeah. FFL or not at all. CYA baby.





.Good luck to ya.

 

[DeadeyeChrista'sdad]

Call me a suspicious sort, but I gotta wonder. If hubby number two IS a crook, and she told him about herself and hubby number one selling you, say, (weapons made up for sake of speculation,) their gp 100 and their AR for 500.00 a few years ago, and how you offered to sell them back at the same price, wouldn't that send his little mind spinning thoughts of easy profit? Tell you they want to buy them back, give you the 500.00, Sell the AR for 650.00, sell the GP for 400.00, and pocket the difference!!! Hmmmm.... I just gotta wonder about the motivation behind this sudden desire to have them back. And I do agree with three earlier posters.
1 While you DID make the offer, it is essentially a long term no interest loan. If you're ok with that, then ok.
2 This is NOT the same family unit you bought them from. If your friendship is primarily with the woman, then so be it. Otherwise, hmmm.... tough call.
3 OOOOOOOOOH yeah. FFL or not at all. CYA baby.





.Good luck to ya.

 

[gund]

https://www.indianagunowners.com/fo...on/60662-face_to_face_transfer_questions.html

Read Prometheus' post specifically. A signed bill of sale means very little when it comes to crunch time in court.

I like very strong statements. Don't you?

You got to be kidding me. He states the exact same thing you do, with no supporting case law or citations.

This is what he wrote.

There is no legal requirement to have a bill of sale nor does it provide a single shred of protection to either the buyer OR seller in a criminal case.

If he or you were a lawyer that would help with credibility.

At least he's more specific. He says it doesn't provide any protection in a criminal case. Obviously it's not a presidential executive order clearing you of all crimes and punishment. But it is one more piece of evidence. Your claim is even stronger. You are saying it's not even admissible in any court.

A bill of sale isn't just useful in certain legal scenarios, it also provides the authorities with a paper trail. This may or may not be desirable, but you get to decide. Imagine the firearm sold to you FTF is stolen. A bill of sale is evidence and another lead that allows them to track down the seller and find the thief. Without one, they will focus their investigation on you until they know for certain you didn't steal it.

If bills of sales don't matter your car title wouldn't allow you to transfer the car. You wouldn't need to sign receipts when buying things with credit cards. Contracts would be worthless. Notaries would be out of business.

 

[ihateiraq]

i was in a similar situation not too long ago. i erred on the side of caution. since you bought them at a steal, maybe give her a bit more cash in place of the guns and let her purchase new ones.