so if a guy buys a gun ftf...

[steve666]

For IndyMonkey, Here in Indy you can't take it to the police station, it would be confiscated at the metal detector at the entrance to the City-County Bldg.

 

[IndyMonkey]

For IndyMonkey, Here in Indy you can't take it to the police station, it would be confiscated at the metal detector at the entrance to the City-County Bldg.

Good call. Here in Indy I would make phone calls first before dealing with that cess pool of people downtown.

 

[finity]

but how could you prove you unknowingly possessed it... for all the LEO knows you are the one that stole it.

YOU don't have to prove you're innocent or that you unknowingly did it. The STATE has to prove you guilty or that you knowingly did it.

So, I won't mention the shop, but they required I do the NICS check to have my gun back. I almost had to pay for it too, but due to some unforseen circumstances for the shop, they didn't charge me. Had I known that ahead of time, I would have never put it on "consignment."

Why won't you mention the shop? You might be preventing the next person from being screwed by allowing them to know ahead of time.

you sure about that ?? i would think it would be recieving stolen property no matter what you told the authoritys

IC 35-43-4-2
Theft; receiving stolen property
Sec. 2.
.
.
.
(b) A person who knowingly or intentionally receives, retains, or disposes of the property of another person that has been the subject of theft commits receiving stolen property, a Class D felony.

They have to prove you "knowingly" did it. I guess you could still be arrested while they try to make a case though.

Not trying to start anything, but how do you know then that the person you are selling to is legal to carry a handgun? Just because he shows you a LTCH does not necessarily mean it is still valid. My biggest concern with FTF sales is that I do not know the background of the buyer. I would prefer to meet at an FFL dealer and pay the $10.00 to do an in person transfer (which is what mine charges). I know many will think this is stupid and unnecessary, but that is the way I prefer.

It goes back to "knowingly" or in this case "has reasonable cause to believe".

If you don't "know" or "believe" then you have done nothing illegal by selling them the gun.

What could happen if you meet someone, they show you a LTCH and you sell them a handgun. Two days later they commit a felony with that handgun, is there anything that can happen to the seller?

You can't control what people do after you sell them property. What's the difference if you sell someone a car & they then use it to commit a robbery or run someone down while they're drunk?

I guess I just don't understand how this is any better than a straw sale. I know it is not the same, but to me if I buy a gun and 2 weeks later I decide to personally sell it to somebody else it just feels to me pretty close to the same thing. Just my

BTW I am not against personal sales of firearms, and I have done some in the past a few different times. I am just very picky about who I do business with.

It's all about intent. If you intentionally buy a gun with the intent of providing it to someone who otherwise can't buy the gun legally, that is a "straw purchase". It doesn't matter what the time frame is.

If you honestl buy the gun for yourself then decide to sell it to someone who you have "no reason to believe" is prohibited from owning firearms, then that's not a "straw purchase" it's just a sale of your personal property.