Question about Gun Control

[mosgood]

This weekend I was strolling through a flea market near the house and came across a booth that had all kinds of knives and swords.  While browsing, I saw a handgun on display.  I struck up a conversation with the saleman and he told me that since the gun had been previously fired, I could walk out with it just by showing him my drivers license and him making a phone check to see whether I was a felon or ex-con.  He also told me that there wouldn't be any record of me owning it.


Is this true?


Isn't there a gun advacate on these boards??  I seem to remember somone feeling pretty strong about guns and such....  maybe he can tell me.....  was what that saleman telling me REALLY legal?

[ra]

It'd be interesting to know what the fact that the gun had been previously fired has to do with anything.

[lazs2]

there may be a difference between new and used guns in ohio.  I have no idea.. do a search.

There are different laws for new and used cars and appliances and everything else tho.

lazs

[Ripsnort]

Originally posted by mosgood
This weekend I was strolling through a flea market near the house and came across a booth that had all kinds of knives and swords.  While browsing, I saw a handgun on display.  I struck up a conversation with the saleman and he told me that since the gun had been previously fired, I could walk out with it just by showing him my drivers license and him making a phone check to see whether I was a felon or ex-con.  He also told me that there wouldn't be any record of me owning it.


Is this true?


Isn't there a gun advacate on these boards??  I seem to remember somone feeling pretty strong about guns and such....  maybe he can tell me.....  was what that saleman telling me REALLY legal?

The phone call is to the FBI, records, and it took my gun dealer about 5 min. to verify.

[Coolridr]

Still I thought there was a federally imposed 3 day waiting period on any handgun. regardless of wether it's been fired or not. You can't just walk out of any pawn shop on the same day with one. Why would a flea market be different. And there HAS to be record of the transfer for it to be legal at all. A phone call with no back up documentation is a meaningless call. For a lehgal sale they have to be able to trace the ownership of the weapon.

[mosgood]

That's why I'm asking.

Certainly didn't sound like the process I've heard of.

Still searching gun laws in ohio to see if "used Guns" are considered different.

[GtoRA2]

It is ten days in Cali, used, new does not mater, the only gun you can walk right out of a gun store with is a curio and relick, and that may have even changed here.


When I bought my M1, I walked out of the shop with it same day.

[Coolridr]

If it's not legal..You should turn that guy in. His type are a big part of how criminals get their handguns.
     Imagine a crime is committed with that thing and it's left at the scene The last registered owner is gonna have to be the first person to put up with the police knocking on their door.

[Dago]

His type are a big part of how criminals get their handguns.  

If a person is a criminal, the FBI records search would show it. He wouldn't be sold the weapon.  If he isn't already a criminal, what would the 5 day wait do?

The wait is basically intended to prevent "crimes of passion" based on a "heat of the moment" kind of thing.  Most crimes are not commited that way, certainly not by the aforementioned "criminals".

It would be more beneficial to check with your states Attorney Generals office (most have a website and a call in number) to get relevant answers than to ask on this board.

dago

[Ripsnort]

Originally posted by Coolridr
Still I thought there was a federally imposed 3 day waiting period on any handgun. regardless of wether it's been fired or not. You can't just walk out of any pawn shop on the same day with one. Why would a flea market be different. And there HAS to be record of the transfer for it to be legal at all. A phone call with no back up documentation is a meaningless call. For a lehgal sale they have to be able to trace the ownership of the weapon.

Not sure about that if you are already a registered owner, like I said, my "waiting period" was 5 min, although I was a previously registered owner and I have a conceal and carry license. (Shrugs)

Lazs has it right, each state varies.

[Coolridr]

I'm not sure myself what the laws are. Never bought a handgun. Never saw the need for one. A shotgun is much more effective for home protection. Just the sound of pulling the slide back makes most people wet their pants.

[Sox62]

In Ohio where you purchase has much to do with the waiting period.

For example:I purchase a handgun in the City limits of Columbus I must first "apply" for a permit.This isn't a gun permit,it is a permit for the priviledge to purchase a gun.They charge(may have increased)$10.They run a background check and when it's approved they either mail it to you,or you can go pick it up.It's in the very middle of downtown with office hours,so many choose to have it mailed to them.It is good for 30 days from when it's approved,not when you receive it,and it's good for a single gun only.The 30 days expire?Go through the process again.

Now that you have your "permit",you can go straight to store and buy a gun,right?WRONG.Despite paying for the permit and a background check,the store now does a background check of it's own.You then wait seven days before getting possesion of your gun despite the fact you have already had a background check,and have already waited several weeks.


Now here is the process outside of the city limits.You go to a gun store,select what you want,they run a background check,and if you pass it,you receive the gun.About 5-10 minutes tops.

Quite a disparity don't you think?It's also why I buy outside of the city limits now.I wonder how much money in sales and extra's Columbus loses because of this.

[CHENAULT]

I buy firearms frequently. I assure you that there is little distinction between a used or new handgun when it comes to registeration. The kicker is that this fella is doing what I believe is termed as a "shoestring or straw purchase". This is when a person, being the legal owner of said firearm, can sell it to another person with out having to register it to the tranferee through state or federal agencys. This is highly risky due to fact that ,without checking ones background, you as tranferer would be held libel for what ever action the transferee takes with the firearm you sold him/her. Ex. you sell firearm to an ex-con unbeknown to you, and the con goes out and commits a crime with the firearm you sold him, you could be charged as an accsessory before the fact, or worse ..yada yada. The fact that he called in for a "check" means nothing without documentaion. They, the agency he would have been calling to get the information, would not be able to disclose the information requested without having his FFL number.(FFL = Federal Firearms Licence. required to be a legal dealer) If he cant produce that, then no info is given, thus making it imposible to document.
Long story short. What he was doing, however possibly not illegal, was very duplicitous and suspicious. If you want to buy a firearm, I would suggest only going through a legal source, and never "shoe string/ straw" purchace without some documentation such as bill of sale and signed declaration that this firearm was transfered to you by the registered owner. Keep this info, cause when ATF comes a knockin' ,you better be able to account for this firearms chain of custody.
Hope nobody bought that thing.....yikes:eek:

[ra]

What he was doing, however possibly not illegal, was very duplicitous and suspicious.

What about the Brady BIll?  Or does that only cover licensed dealers?  I wonder if this guy was just trying to pass off a non-working replica as a real gun.

ra

[capt. apathy]

waiting periods are for buying guns from licensed dealers.  it has nothing to do with the fact that the gun had been fired, just that it had been previously owned.  

the man was likely not a gun dealer, he was just a private citizen with a gun to sell.  these type of sales are exempt from waiting periods, and unless your state laws are much different, he didn't even have to make the phone call, bu twas just being careful to avoid getting mixed up in a gunsale that would be linked to a crime.

also, in most areas you are not required to register your guns (though new sales or sales from licensed dealers are automatically registered).