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05-07-2011, 01:20 PM #1
I suspect an undercover agent just tried to buy a gun from me
I have a handgun for sale on a classifieds website. Been there for a while. Got a call today from a guy saying he wanted to buy it. Mentioned that he was coming up from Paris (Tennessee - short drive south of here) and where did I li...
At that point I interrupted him and asked him if he was a Kentucky resident. He said Tennessee. Told him I couldn't sell it to him. At this point he got a little pushy and said that law only applied to FFLs and he ought to know because he was an FFL holder and blahblahblah. Then...
Me: "So, you're an FFL holder?" (may have a sale yet)
Him: "No. I used to be."
Me: "Sorry, can't sell to you." (bummed. looks like no sale)
Him: "Look, where did you get this information that you, as a private individual, can't sell a gun to someone out of state?"
Me: "Well... everywhere. But, specifically, the ATF website and the US Code 922 something or other."
Him: "Well, I'm telling you that you can sell to me."
Me: "That'll be great. Of course, I'll have to verify that I can legally do that before we meet."
Him: "Just never mind. I don't want to buy your gun anyway if you're just going to give me a hard time about it."
He wasn't through but I said, "See ya later," and hung up.
He sounded almost convincing enough that I thought he might have been right. I checked the ATF website and, well, he was wrong. Former FFL holder... right. Probably current ATF agent.
For review: http://www.atf.gov/firearms/faq/unlicensed-persons.html
Q: To whom may an unlicensed person transfer firearms under the GCA? A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
Q: From whom may an unlicensed person acquire a firearm under the GCA? A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]I've been called worse things by better people.
05-07-2011, 01:51 PM #2
If he was ATF... it sounds like he made it a little too easy to fall into his trap. Its one thing to call and ask, but another to lie about laws to get you to break the law.I just don't trust anything that bleeds for five days and doesn't die.
05-07-2011, 02:16 PM #3
crap, now your on their grid"bacon tastes good, porkchops tastes good." Vincent Vega, Pulp Fiction
05-07-2011, 03:13 PM #4
Last edited by Manzanita; 05-07-2011 at 03:15 PM.I've been called worse things by better people.
05-07-2011, 03:17 PM #5
05-07-2011, 10:30 PM #6
What you sellin? Something fun?"Let's get down to brass tacks. How much for the ape?"
05-10-2011, 10:58 AM #78 Pointer
- Join Date
- Mar 2002
- Winchester, KY
I used to work in a gun shop. A man & woman came in & she wanted to by a handgun. She said she brought him along for advice (which is OK). She made her selection and filled out the proper 4473 & paid. While I was putting tne gun in the box and wrapping it up, her phone rang & she stepped outside to take the call. He noted she was just out the front door & picked up the package (gun) and started to leave. I stopped him & told him he couldn't take it since he didn't fill out the form. He left the gun on the counter & went outside & they talked for about 15 minutes & she finally came in for the gun. About a week later a friend who worked in another store had the same thing happen, but the guy left with the gun and the business was in jeporady of lossing their FFL (didn't though). I have no doubt it was the same couple.
05-11-2011, 11:27 AM #8
Many years ago I had a gun I was looking to sell while walking the isles at a gun show. Had a man come up to me and ask if I would sell it without doing any paperwork. (back then you had to transfer a handgun through a FFL) I had to decline - I believed (and still do) this guy was an agent, just had this feeling........
Last edited by dbd870; 05-11-2011 at 11:29 AM.
05-11-2011, 06:48 PM #9
05-14-2011, 05:45 PM #1012 Pointer
- Join Date
- Dec 2007
- Greenup Co.
Better safe than sorry. You don't want to be a trophy on some young gung ho ATF agent's wall.
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