Buying a handgun from a individual

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  • USMC_0311

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    Jul 30, 2008
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    I live in Indiana and a potential gun I am considering buying is located in Indiana. I am not sure about this deal and want to know how I can protect myself from buying a stolen gun. Can I and How do I run a check on a gun? If the gun is stolen is there a way to turn it in without geting in trouble? What questions or signs do I look for from the seller? Any help is much appreciated.
     

    paddling_man

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    Jul 17, 2008
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    If you're that concerned about a FTF deal, you can always take it to your local FFL and they will do the transfer and background check.

    The transfer through an FFL would probably work to protect the buyer from potential criminal charges of receiving stolen property. Do they actually "run" the gun numbers during the FFL transfer? I kind of assumed they just "assigned" the numbers to the purchaser. I believe any background check is regarding the purchaser and not the private seller.

    Interesting... I would vote to have the "numbers run" through the local S.D., if you're truly concerned, maybe something in writing from the S.D..

    An FFL transfer to cover your butt after that.

    During a private transfer, I always want some receipt from the other party. There are places (St Louis) where you are demanded to be able to show proof of ownership if questioned about your CCW. Lack of proof would result in the gun being confiscated until proof can be provided. (Unconstitutional, I know. Still SOP and untested in court, as far as I know.) I always had a folder with copies of all receipts for potential CCW firearms in my vehicle.

    Still, I would probably sell to another buyer before I subjected myself to much hassle as the seller.
     

    USMC_0311

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    Not sure about the gun but I know the owner has a old felony and pretty sure he is not supposed to have it at all. Cheap price and I am allready leary.....going to pass on this one unless he lets me run it at the sheriffs office first.
     

    Hiram2005

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    When a background check is done by a dealer all that is checked is the buyer not the gun being bought. The only information the FBI gets is if it is a handgun or long gun. I second the motion of running it thru the sheriff or PD. I did this once in Noblesville as I was buying a S+W model 37 for the price of $40! NCIC came back negative, nothing on file. However, as I was told by the officer, that did not necesarily mean it was not stolen as sometimes they are reported but the owner does not know the serial #. In that case it can not be ID'd so it ends up as not on file.
     

    darinb

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    buying from an individual?

    I noticed your comment about the seller having an old felony. I work in a business that sells guns and I have called NICS checks that come back as a denial because of old felonies. I have seen people get in alot of trouble because of old felonies. We have had the ATF come in and see if the person with a felony attempted to purchase a firearm. They said that it is illegal for anyone with a felony even an old one to be in possesssion of a firearm. The deal seems to risky to me.
     

    DRob

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    Old felony!!!!! Don't do it!

    Run! Run far, run fast! I would avoid this transaction like the plague! Felon = strike 1. Low price from a felon = strike 2. One more strike and the best you can hope for is that all you lose is the gun and the money you paid for it! You may be the one striking out! It's probably a crime just to buy the gun from him if it's illegal for him to own it, even if it's not stolen. And....BTW, you have just documented that you know he has a felony conviction. You could be a part of his next one.
     

    USMC_0311

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    well I dont know but he said it was someone elses gun...I told him if they wanted to meet me at the Local SD and run check.....still waiting to hear back....
     

    southin

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    Aug 31, 2008
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    Makes me nervous for you just reading this.
    An x felon probably "said" someone else did it.
    Not being predjudicial here, but at the least, be very, very careful.
     

    mrw

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    At least the felon is trying to get rid of it and not trying to buy another one.

    AFAIK, only pawn shops are required by law to check if items are stolen.
     

    exar

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    Walk away NOW!!! You just admitted on a public forum that you may/are aware of his prior felony. In Indiana, you can not sell a firearm to a known felon. It is possible to defend yourself if you can prove in court that you did not have prior knowledge of his felony. Since you do know, however, you can't legally sell it to him.
     

    Ri22o

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    Feb 7, 2008
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    Walk away NOW!!! You just admitted on a public forum that you may/are aware of his prior felony. In Indiana, you can not sell a firearm to a known felon. It is possible to defend yourself if you can prove in court that you did not have prior knowledge of his felony. Since you do know, however, you can't legally sell it to him.
    He is buying, and not selling. You have the roles reversed.
     

    karlsgunbunker

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    At least the felon is trying to get rid of it and not trying to buy another one.

    AFAIK, only pawn shops are required by law to check if items are stolen.

    Pawn shops run the same NICS check all FFL's run.
    It checks on the Person not the gun.

    It will tell you if the person pawning the gun is legally allowed to own it, but not if the gun is stolen.

    As far as I know there is no national database on stolen guns.
     

    Hiram2005

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    The only data base is if my gun is stolen and I walk into the sheriff's dept and report it as such. Then it is put in NCIC which is a national computer system for all sorts of things such as stolen guns , wanted felons ,stolen vehicles etc. If you don't know your serial # then you are pretty much SOL.
     

    exar

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    He is buying, and not selling. You have the roles reversed

    Ahh, sorry. It is, however, illegal to purchase from a felon, is it not? I guess I haven't actually seen the cited law on that one, just about selling to a felon.

    Personally though, I would steer clear of any deal with a felon. I just don't think it's worth it for something like that to come back and bite ya'.
     

    ryanmercer

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    Ahh, sorry. It is, however, illegal to purchase from a felon, is it not? I guess I haven't actually seen the cited law on that one, just about selling to a felon.

    Personally though, I would steer clear of any deal with a felon. I just don't think it's worth it for something like that to come back and bite ya'.
    I wouldn't think so... say someone loves guns and is a collector with many rare pieces and general collectors pieces... gets convicted of a felony... is he supposed to have them all destroyed?
     

    exar

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    I wouldn't think so... say someone loves guns and is a collector with many rare pieces and general collectors pieces... gets convicted of a felony... is he supposed to have them all destroyed?

    Yeah, that's why I asked if anyone knew the actual law on that one. I have seen people be convicted of a/multiple felonies and have their guns confiscated immediately. Then again, I have seen a co-worker convicted of a felony and he still has guns. I know he's not allowed to have 'em but the authorities never checked to take them away. He is also trying to sell his.
     
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