Can someone explain this as far as private sales are concerned?

[bevilsiz]

I understood it as if you knew the person legally couldn't own a firearm, you couldn't sell it to them. Are you still liable if you know nothing about the individual? Seems more people would want to start doing background checks even in private sales just to CYA. Thanks for any help.

 

[SSGSAD]

In. driver license, and In LTCH, is all that is needed, to CYA ..... JMHO .....

 

[KLB]

If you know nothing about the person, how could you know if they were not ineligible to own or purchase a firearm or going to commit a crime with it?

 

[bevilsiz]

My point exactly! However, we know laws that make perfect sense on paper are interpreted different ways. IE the 2A.

 

[jbombelli]

If you don't have any reason to believe they're prohibited, don't worry about it.

 

[bevilsiz]

That's how I interpreted it anyway. Thanks guys!

 

[Redhorse]

I understood it as if you knew the person legally couldn't own a firearm, you couldn't sell it to them. Are you still liable if you know nothing about the individual? Seems more people would want to start doing background checks even in private sales just to CYA. Thanks for any help.

Ask if they have any felonies or are allowed to own a firearm. If they say yes, you're good to go. If they seem sketchy, walk away.

 

[bevilsiz]

Seems like this is geared towards straw purchasing for someone you know legally can't own a firearm and not some stranger or someone you don't know & you work out a sell/trade with on here.

 

[TheSpark]

Theoretically, it would have to be proven in court you knew the person was ineligible. So as long as you really don't know there is probably no way that could be proven.

IANAL

 

[cosermann]

b1 - "other than the person's age," - Looks like you have to at LEAST know the person's age under Indiana law.

The chapter also does not apply to, "Indiana residents licensed to carry handguns." So, checking for a LTCH helps, eh?

Indiana law isn't the only law applicable to private sales. Per the Feds, you can't do a private sale to a resident of another state for example. Soooo, you might want to see an Indiana ID.

This is why I'd prefer to see an Indiana Driver's License and LTCH for the sale.

If you knowingly avoid knowing anything about a person to whom you sell a firearm, and things go south, well, good luck with that.

 

[stephen87]

As long as you have no reason to believe they are an ineligible person, you're good to go. I'm not a lawyer, this was just a layman's interpretation of the law.

 

[bevilsiz]

Agreed!

 

[level0]

This is why I'd prefer to see an Indiana Driver's License and LTCH for the sale.

Seller's rules so you are perfectly within your rights to see whatever you want to see. There's no legal requirement that anyone buying a gun have an LTCH.

 

[Kentuckyblue]

For my own peace of mind, I like to see a valid IN ID and prefer an LTCH for handguns. But that is just me, I would be more at ease.

 

[TheDude]

For my own peace of mind, I like to see a valid IN ID and prefer an LTCH for handguns. But that is just me, I would be more at ease.

Yeah if they don't like that its a red flag to me anyways. Ask up front and if they get all defensive...........kick mud. Its not unreasonable.

 

[cosermann]

Seller's rules so you are perfectly within your rights to see whatever you want to see. There's no legal requirement that anyone buying a gun have an LTCH.

True, indeed. Yet, the code cited specifically exempts LTCH holders - therefore it could be a defense. There is a reason for it.

In case you missed it:

... The chapter also does not apply to, "Indiana residents licensed to carry handguns." ...

That's IC 35-47-2.5-1 Sec. 1 a (3). Not a lawyer, so I reserve the right to be completely wrong!

 

[level0]

True, indeed. Yet, the code cited specifically exempts LTCH holders - therefore it could be a defense. There is a reason for it.

In case you missed it:


That's IC 35-47-2.5-1 Sec. 1 a (3). Not a lawyer, so I reserve the right to be completely wrong!

Oh yes, it's completely seller's rules in these transactions. I just note from my perspective there's no way for me to validate an LTCH, and I could make a mock-up of one pretty easily. I carry mine, and it's legit, but there's no legal requirement to carry one now or even hold a paper copy on file. If I somehow lost mine (admittedly that is highly unlikely), I don't have a legal burden to obtain a copy from the state. It just seems to me like a spurious requirement for a sale. Again, though, seller's rules apply. Buyer option is go forward or go way, and all parties are satisfied.

 

[Bravo-4-2]

Indiana law says that you must have no reason to assume that they are not eligible to buy. If you have no reason to make such an assumption, you may sell with impunity.

 

[edporch]

Make a point to ask them if they're prohibited from owning firearms.

Also, ask to see an Indiana drriver's license or some other proof that they're an Indiana resident.

 

[stephen87]

Or, ask them if they live in the state and are legal to own firearms... Unless I have reason to think they are lying, they're good to go in my opinion. Then again, I usually only sell to INGO members.