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Petersburg Police: Cash for Guns!!

JamesCanby

Activist Member
Joined
Jul 2, 2010
Messages
1,480
Location
Alexandria, VA at www.NoVA-MDSelfDefense.com
Under a strict interpretation, you have no legal burden to determine whether or not the other person is legally prohibited from receiving your firearm. (I say "your firearm" because that covers both prohibited persons and interstate sales.)

However, it is important to keep in mind that a strict interpretation isn't necessarily the one that you will face if the CA decides to come after you. The CA could easily argue that by not even asking the questions you were showing reckless disregard for the legal restrictions, and so you must have at least suspected that the other person couldn't legally receive your gun. (I'm not saying that they would be right, only that they could easily argue that. It still drags you into court, which can get expensive.)

As a practical matter, it is relatively trivial to verify that the buyer is a resident of the same state, and the act of asking them if they are prohibited gives you legal cover by making the burden of proof even higher for the CA. It's a rather insignificant cost to prevent a significant potential liability.

Given the advice that the questions should be asked we should probably have the voice or video recorder running during the transaction, yes?
 

Marco

Regular Member
Joined
Jul 29, 2007
Messages
3,905
Location
Greene County
I completely agree Mac!

jegoodin presented it as a matter of fact, not opinion.
With a whopping 3 or 4 F2F transactions and a pretty narrow understanding of the law involving personal sales......it's ALL IS OPINION as posted.

He's welcome to ask what he pleases and have his own requirements, that's his right, but it's hardly required or normal.

Parking lot transactions are extremely common. I've done dozens of them and as a matter of fact, did one last night after dinner in the restaurant lot.

I 2nd this!!!!
A view at my VAGT post count would give a clue to how many FTF transactions I've completed....
I stay awake nights worrying about the gun police.......:lol:
 
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