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

[Enkrypter]

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?

You must be referring to this old adage?

It's not considered armed assault if you yell, "Surprise!" first..

 

[Classic Liberal]

And I believe there is misinformation in the INGO stickys...like this one, it is not the seller's responsibility to verify, as there is no code that indicates so. If there is, please correct me.

Even if they don't tell you, it is your responsibility to verify their residency prior to the sale.

 

[stephen87]

Four rules for private sales:::

1) Buyer must be an Indiana resident
2) Buyer must be able to legally own a firearm
3) The seller must have no reason to believe the above two are false
4) Don't forget to get your money


With that said, as long as you have no reason to believe that the first two are false, you can sell to them. I always look at the license plate of the vehicle when driving up. It gives me an idea of where they're from and I don't have to make them feel uncomfortable by asking for proof of residency. If the plate says Indiana and they aren't acting all hanky, I have no reason to not sell.

 

[GodFearinGunTotin]

....and they aren't acting all hanky, I have no reason to not sell.

What's wrong with Hank?

 

[stephen87]

He reminds me of Richard Simmons in that picture. lol

 

[GodFearinGunTotin]

He reminds me of Richard Simmons in that picture. lol

The camera never blinks, eh....

 

[mrortega]

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

Be careful with that reasoning. There is such a thing as being so careless in checking someone out that it could constitute a crime. A pattern of gross neglict could be considered a willful violation.

 

[LANShark42]

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.

This^^.

 

[DoggyDaddy]

What's wrong with Hank?

Haaaaaaaaaaay! Are you ready for some football??

 

[OakRiver]

I know that this may not appeal to everyone but a driver's license would prove residency, and if you really wanted a CYA type up a one page document that the buyer has to sign that where (s)he confirms that they are eligible to own a firearm. That way if it comes back later you have evidence that you acted in good faith.

If they refuse to sign it then that should be a red flag.

 

[ATM]

Be careful with that reasoning. There is such a thing as being so careless in checking someone out that it could constitute a crime. A pattern of gross neglict could be considered a willful violation.

I don't think there is such a thing. Are you absolutely certain that you didn't just make it up?

 

[bwframe]

I know that this may not appeal to everyone but a driver's license would prove residency, and if you really wanted a CYA type up a one page document that the buyer has to sign that where (s)he confirms that they are eligible to own a firearm. That way if it comes back later you have evidence that you acted in good faith.

If they refuse to sign it then that should be a red flag.

A seller should make potential buyers aware of this early, posted in the WTS add. As a buyer, I need to be aware up front of steps required for the purchase beyond those legally required. I would NOT want to be surprised by this at the last minute for a private sale. That would be considered a red flag from the purchaser's perspective.

 

[OakRiver]

A seller should make potential buyers aware of this early, posted in the WTS add. As a buyer, I need to be aware up front of steps required for the purchase beyond those legally required. I would NOT want to be surprised by this at the last minute for a private sale. That would be considered a red flag from the purchaser's perspective.

That's a fair point. You're right, a lot of people don't like last minute surprises

 

[Kirk Freeman]

don't think there is such a thing. Are you absolutely certain that you didn't just make it up?

I believe our friend is discussing fact patterns where the buyer presents his Indiana Department of Corrections card during the sale.

Known or should have known.

"Boy, this rifle is what the gun towers in Westville use. Ah, Westville, don't miss it at all. Worst 8 years of my life after that Burglary conviction."

 

[LANShark42]

I know that this may not appeal to everyone but a driver's license would prove residency, and if you really wanted a CYA type up a one page document that the buyer has to sign that where (s)he confirms that they are eligible to own a firearm. That way if it comes back later you have evidence that you acted in good faith.

If they refuse to sign it then that should be a red flag.

Right. Because criminals never lie or sign a document that isn't accurate.

You know who ELSE might not sign that?? Someone who wants their privacy. Someone who, regardless of their lawfullness doesn't want to be on any lists.

 

[OakRiver]

Right. Because criminals never lie or sign a document that isn't accurate.

And? If someone else provides a false statement that's on them. You're just looking to CYA

You know who ELSE might not sign that?? Someone who wants their privacy. Someone who, regardless of their lawfullness doesn't want to be on any lists.

Welcome to the wonderful world of private enterprise. If you object take your $ elsewhere if signing a private contract is too much

 

[LANShark42]

And? If someone else provides a false statement that's on them. You're just looking to CYA



Welcome to the wonderful world of private enterprise. If you object take your $ elsewhere if signing a private contract is too much

You can count on that. And I don't think I'm alone there.

 

[level0]

You can count on that. And I don't think I'm alone there.

 

[jLr]

You can count on that. And I don't think I'm alone there.

And you can sell your gun to a criminal who doesn't mind signing your bill of sale or printing out his own pink slip.

 

[OakRiver]

Re-reading my last post it probably came across harsher than intended (typed in haste). Maybe it's because I'm new to firearms and everything that surrounds ownership of them and the legislative framework but I am interested in knowing a little more about the resistance to the idea of someone signing a contract to cover the seller. Are there some fears that it'll find it's way to the ATF as a de-facto registry, or is there something obvious that I'm overlooking?