Legal Liability

[KentuckyWildcat]

God forbid you have to use your conceal carry or home defense weapon. Is there difference legally in buying one used from an individual vs buying new from a dealer?

Coworker just offered me his 9mm Shield. Not anything special of a deal but I like the fact that the government would not know I had it. But I also want to be able to carry it in the way the law designs.

[CitizenBBN]

I'm not a lawyer, so take this FWIW, but i do teach the kentucky concealed carry class and know their law section pretty well.

AFAIK there's no real difference where you got the gun. It's all about whether you are justified in defending yourself and the circumstances of the encounter, not the choice or origin of weapon. In fact in Kentucky "deadly weapon" includes more than firearms, including switchblades, stilletos (sp), nun-chucks, throwing stars and other stuff.

A private transfer has no record, and that is a big plus for a lot of folks, at least for some of their guns. I will say that when you buy one from a FFL there is no record in the way most think of it, but there is a record. the 4473 form is the only permanent record and the FFL holds that and doesn't submit anything, but with the hitch that if they retire and close up they send those in to ATF so then ATF has them.

[KentuckyWildcat]

So would that gun be "legally purchased"?

[CitizenBBN]

In Kentucky absolutely. You can buy from an individual with no records and that's between the parties. In some states it would be illegal (California for example), but not here.

[suncat05]

KW, this is just me thinking out loud, but if it were me I'd be looking to make as many of MY purchases from private individuals as possible. IJS........

[KeithKSR]

So would that gun be "legally purchased"?

In Kentucky you can legally sell to another Kentucky resident provided you do not know there is a reason they would be ineligible to purchase a firearm.

[CitizenBBN]

In Kentucky you can legally sell to another Kentucky resident provided you do not know there is a reason they would be ineligible to purchase a firearm.

Good you mentioned that stipulation Keith. That's federal law. YOu can't knowingly sell to someone who can't legally own a gun, like a felon or minor. I forget to mention that bc it's obvious but it's very important to mention. Of course here he's buying, and that's OK anyway, but if you sell be responsible.

[KentuckyWildcat]

I wish I was still a minor. I'm not a felon but a lot of my family is, so don't trust my name as a reference :)

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[jazyd]

I'm not a lawyer, so take this FWIW, but i do teach the kentucky concealed carry class and know their law section pretty well.

AFAIK there's no real difference where you got the gun. It's all about whether you are justified in defending yourself and the circumstances of the encounter, not the choice or origin of weapon. In fact in Kentucky "deadly weapon" includes more than firearms, including switchblades, stilletos (sp), nun-chucks, throwing stars and other stuff.

A private transfer has no record, and that is a big plus for a lot of folks, at least for some of their guns. I will say that when you buy one from a FFL there is no record in the way most think of it, but there is a record. the 4473 form is the only permanent record and the FFL holds that and doesn't submit anything, but with the hitch that if they retire and close up they send those in to ATF so then ATF has them.

That is something most don't think about, that form you fill out stays with the retailer or ffl holder until they go out of business and then they must turn them over to the Feds. Now the Feds can and do periodically check the records making sure every gun the retailer/ffl holder has bought is accounted for. Ex: retailer such as bass pro in Pearl ms gets audited by Feds. Every gun that has been shipped to them has to be recorded and they must account for the gun, either still in their possession or a form filled out recording who bought it

I would buy from an individual when possible and have sone kind of written proof of sale from the individusl

[KeithKSR]

That is something most don't think about, that form you fill out stays with the retailer or ffl holder until they go out of business and then they must turn them over to the Feds. Now the Feds can and do periodically check the records making sure every gun the retailer/ffl holder has bought is accounted for. Ex: retailer such as bass pro in Pearl ms gets audited by Feds. Every gun that has been shipped to them has to be recorded and they must account for the gun, either still in their possession or a form filled out recording who bought it

I would buy from an individual when possible and have sone kind of written proof of sale from the individusl

Red Jacket Firearms, of Sons of Guns TV show, got into ATF hot water when the destroyed some receivers in the fabrication process and had not record of the sale and no matching receiver in inventory.