Thread: liability after selling a gun

So if someone sells a used gun to a private party, then that party uses the gun to commit a crime, say murder. Would the original owner/seller have any liability or legal issues?

Never mind; I'm not a lawyer

Criminal, I doubt it. Civil liability is ultimately determined in court. Anybody can sue anybody for anything. And in civil litigation the watchword is always "sue the assets." All you can do is follow all the applicable laws and have a paper trail to prove it.

I've never heard it coming up in a court case, unless the suspect obtained the gun illegally.

As long as the transfer is legal you should be free and clear. Id be like someone buying your safe and 100% functioning car. Then running over an old lady while texting and having the old ladys family coming after you. They may try to sue but the lawsuit will be thrown out long before it sees a court room. The only caveat could be them suing you for negligence. Like the person you sold it told you they were going to use it to commit a crime and you still sold it to them. I always get a bill of sale and look at the buyers or sellers DL to make sure the info matches as i would with selling any expensive property.

Sent from my DROID BIONIC

This is America. We sue everybody in sight. You might have the law on the side, but that won't stop you from getting sued.

Let's at least try a reasonable attempt to stay on track...pleeeeeeeeeeeeeez.

Originally Posted by wichaka

Let's at least try a reasonable attempt to stay on track...pleeeeeeeeeeeeeez.

"This is America. We sue everybody in sight. You might have the law on the side, but that won't stop you from getting sued. "

He is right.

Originally Posted by jkent26

So if someone sells a used gun to a private party, then that party uses the gun to commit a crime, say murder. Would the original owner/seller have any liability or legal issues?

I thought commit the crime then sell the gun. Kidding of course.

It's America, some how some way, you will be sued.

If the buyer is a felon and not suppose to own a firearm you may run into issues, kinda like selling liquor to minors and they get in a car wreck

Are there any known cases of someone being sued as a result of this?

Originally Posted by oldbrass

If the buyer is a felon and not suppose to own a firearm you may run into issues, kinda like selling liquor to minors and they get in a car wreck

How do you determine if the buyer is a felon or not?

Probably best to go down to a local gun store and do a "pass through" kind of deal. The gun shope makes a small amount of money to broker a deal and do minimal amount of work. You are off the hook in terms of knowing who you are selling to.

How do you determine if the buyer is a felon or not?

Probably best to go down to a local gun store and do a "pass through" kind of deal. The gun shope makes a small amount of money to broker a deal and do minimal amount of work. You are off the hook in terms of knowing who you are selling to.

A small amount of money to me is 5 bucks or so. Maybe you have not done many transfers? Most gun shops will bend you over and have their way with you (without applying any lube), and you leave about 40 bucks later and walk funny for a couple hours.
Now if you are paranoid about selling then go right ahead and use the gun store, or safer yet just don't sell it. Heck, most all the purchasers in the Fast & Furious fiasco were LEGAL to buy guns. It's just what THEY did with them that was felonious.

As explained in CWP class .
Using a Bill of Sale form , that denotes the sale of firearm, that the person signed that he meets the state requirements, makes it much easier for your lawyer to defend you. I would add Time of Sale to the form besides date.

Same if you sell your car and it is in an accident. The better it is documented the better your defense. Last truck I sold - we did it at a bank so there was no questions about transfer of title, transfer of money. who owned the veicke from that point forward

We are in America - Sueing is a past time.

I know that after the colu mbi ne thing, they put a guy in prison for selling one of the shotguns they had to the guys 18 year old girlfriend who had a clean record. They sawed the weapon down after purchase according to videos and statements, but of course SOMEONE had to pay and the criminals where dead. So they grabbed up anybody and anyone they could find linked to the "weapons" or the "plans" IIRC - that was a little while ago.

That is of course not legal advice, nor do I know all the technicalities - just that guy in particular was a friend of a friends family and they told me that is why he was charged in it. I would guess your liability may be determined by how much press the incident said item was used in got, and not by any legal liability from the above if it is true though.

I agree, civil court and legalities are two different things. I could be sued for typing this.......lol

A civil suit is definitely possible. There is a recent case in Utah with a pawn shop and an employee being sued for selling a shotgun.

SALT LAKE CITY — The Utah Supreme Court has sided with a trial judge in ruling that a woman whose daughter was killed in the 2007 Trolley Square shooting can sue the pawn shop that sold the gun to the shooter, Sulejman Talovic.

In an order issued June 16 and released Monday, Associate Chief Justice Matthew Durrant denies a petition to appeal filed by the pawn shop, Rocky Mountain Enterprises or Sportsman's Fast Cash, and employee Westley Hill.

You can be sued for literally any reason. Doesn't mean you'll loose, but attorneys are like ladies of the evening, they'll do anything for enough money.
I had a close friend who lost a 10mm in a home burglary. It was later used in a homicide on the east coast. The crook was caught, the gun recovered and the bad guy went to prison after being convicted. My friend was sued by the murder victims family because the A#^&E$ hole crook didn't have any assets. It was defended by my friends insurance company who ultimately prevailed, but it still took the time, money and mental toll to defend.

I think you must have proof that you sold your gun to a private party for that you can do some paper work ,otherwise you will have issue if any criminal use your gun for crime.

Originally Posted by aaliasmith

I think you must have proof that you sold your gun to a private party for that you can do some paper work ,otherwise you will have issue if any criminal use your gun for crime.

Welcome to the forum. However, you don't know what you are talking about.

Originally Posted by aaliasmith

I think you must have proof that you sold your gun to a private party for that you can do some paper work ,otherwise you will have issue if any criminal use your gun for crime.

Please show me ANY Federal law or State law where the OP lives to prove that.