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Discussion in 'Legal & Political Archive' started by python287, Feb 16, 2012.
USAO Press Release -
Thus why most people want to see a driver's licence for the state they reside in before doing a person to person sale.
Took them a lot less time to get this settled then the ATF for doing the same thing down south. A prime example of how rules differ for those in power and the rest of us.
Here is the key part "knowingly sold a .40 caliber handgun to Demetry Smirnov, a Canadian citizen". This was not an accidental case of someone selling across state lines.
The law does not require you see ID, ATF Online - Firearms - Frequently Asked Questions - Unlicensed Persons
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]
So if I am selling a gun and the buyer seems on the up and up. He shows up in a car with state license plates that match my state is there any "reason to believe" he is not legit..............?
All an ID does is possibly show the person is from the same state. Can you tell a forged one? Does having ID mean the person is not prohibited in another way?
That's why I will ask for a WA DL and WA CPL before I sell. That way I have a reasonable idea that they're from WA and have a legal right to own a gun.
How is it possible to sell a gun "unknowingly" ????
Of course he "knowingly" sold the gun. The real question is did he know that the buyer was not a WA resident?
knowingly refers to knowing that the person was from out of state, not that he knew he was selling the gun... (duh lol)
If he knew the guy was from out of state then he deserves every day in jail he receives, not one iota of sympathy from me.
This is not a case of some innocent being nailed on a technicality. The guy knew the person he sold it to was a PP.
He has been indicted, but not convicted yet. It is "alleged" that he knowingly sold a firearm to a person from out of state.
That being said, if in fact the evidence ends up in his conviction, "Your rolls the dice, you pays the price".