Arrgghh I need some help


PDA






briansp82593
April 21, 2008, 09:00 PM
My brother has offered me a good deal on the p99 I just bought, love the gun, but he does more, to the actual question
He wants to carry this gun, but if he must use the gun in self defence while my name is still registered to it, where do i come into play?
Last thing I want is jail time...
A few thoughts I had:
1. Write up a bill of sale with both of our signatures showing that I legally sold to him
2. If even possible, take it to a dealer act like it was a trade in, but have my brother "Buy" it, or if there is just a way to get it into his name legally.
All help is appreciated
Thanks, Brian. :o

If you enjoyed reading about "Arrgghh I need some help" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!
Dismantler
April 21, 2008, 09:09 PM
Either sell it to him or do not let him carry it.

I am not sure where you are from, or what your local and state laws say about person-to-person sales. But obey the rules and sell it to him according to the rules or tell him to purchase a gun of his own from a dealer.

briansp82593
April 21, 2008, 09:10 PM
missouri... I knew i forgot to include something

larry_minn
April 21, 2008, 09:11 PM
First we would need to know the state, is your brother legal to purchase a pistol in your state? (do you both live in same state?)
With gun laws the devil is in the small details.
IF your state allows FTF sales and both of you live in same state. Since YOU bought the gun for yourself but now decided to sell it to brother you are ok. (If you bought it INTENDING to sell it to him you can't)
For example in MN its no big deal. I can give/sell one of mine to my brother. It would not be a bad idea to write up a "bill of sale" sign and date it. (both of you)
Some states you are required to go thru a dealer (and pay him/her to enter it in their bound book/call NICS transfer it to your brother)

Dismantler
April 21, 2008, 09:28 PM
But I would not just let him borrow it unless I had first run it by a good gun lawyer.

briansp82593
April 21, 2008, 10:05 PM
First we would need to know the state, is your brother legal to purchase a pistol in your state? (do you both live in same state?)
With gun laws the devil is in the small details.
IF your state allows FTF sales and both of you live in same state. Since YOU bought the gun for yourself but now decided to sell it to brother you are ok. (If you bought it INTENDING to sell it to him you can't)
For example in MN its no big deal. I can give/sell one of mine to my brother. It would not be a bad idea to write up a "bill of sale" sign and date it. (both of you)
Some states you are required to go thru a dealer (and pay him/her to enter it in their bound book/call NICS transfer it to your brother)
same state, I am going to check with local dealers and see if they can do a transfer.

poor_richard
April 21, 2008, 11:44 PM
No need to go through an FFL unless you have to. That's just putting him in the NICS system unnecessarily. If your state allows F to F, then do it. You could always write up a bill of sale with both persons signature, and then get it notarized if you like.

briansp82593
April 21, 2008, 11:53 PM
Im just worried that if he shoots someone in self defense with it and the cops run the gun and see that its mine, that a bill of sale wont cover it :(

larry_minn
April 22, 2008, 12:37 AM
I can't understand what the problem is? If you are legal FTF... Do you think he would rob a bank and shoot a Officer? Unless you have "reason to know" he will commit a criminal act there is no issue.

NavyLCDR
April 22, 2008, 12:44 AM
According to this sherrif's website, a permit is required to "acquire" a handgun in the state of Missouri. If your brother "acquired" the handgun from you without obtaining the permit, I would say his possession of the firearm for his own personal use is a crime. I will do more research...

http://www.franklinmo.org/Sheriff/faq's.htm#I%20want%20to%20purchase%20a%20handgun.%20%20What%20must%20I%20do%20to%20comply%20with%20the%20law

NavyLCDR
April 22, 2008, 12:59 AM
Never mind. The permit to acquire n Missouri went away in August 2007. The only thing I could find in Missouri statutes is posted below. You are fine with your brother having the gun, there is no paperwork required to sell, lease, loan or give away a firearm in Missouri. The idea that the firearm is "registered" in your name is a fallacy. There is no firearm registration in Missouri. Here is a link to the entire chapter pertaining to firearms:

http://www.moga.mo.gov/statutes/chapters/chap571.htm

Unlawful transfer of weapons, penalty.

571.060. 1. A person commits the crime of unlawful transfer of weapons if he:

(1) Knowingly sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to any person who, under the provisions of section 571.070, is not lawfully entitled to possess such;

(2) Knowingly sells, leases, loans, gives away or delivers a blackjack to a person less than eighteen years old without the consent of the child's custodial parent or guardian, or recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers any firearm to a person less than eighteen years old without the consent of the child's custodial parent or guardian; provided, that this does not prohibit the delivery of such weapons to any peace officer or member of the armed forces or national guard while performing his official duty; or

(3) Recklessly, as defined in section 562.016, RSMo, sells, leases, loans, gives away or delivers a firearm or ammunition for a firearm to a person who is intoxicated.

2. Unlawful transfer of weapons under subdivision (1) of subsection 1 of this section is a class D felony; unlawful transfer of weapons under subdivisions (2) and (3) of subsection 1 of this section is a class A misdemeanor.

If you enjoyed reading about "Arrgghh I need some help" here in TheHighRoad.org archive, you'll LOVE our community. Come join TheHighRoad.org today for the full version!