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Interstate transfer and burden of proof

Discussion in 'Legal' started by PAC 762, Nov 14, 2008.

  1. PAC 762

    PAC 762 Well-Known Member

    I am going through some old records trying to see what I can shred and have a question. I've transferred a couple handguns to residents of different states and have always done so legally by having an FFL holder do the paperwork. Do I need to save the receipts for these transfers?

    For example... let's say a person I sell it to then sells the weapon to someone else and it ends up at a crime scene. Police track the gun from manufacturer to the store I bought it. They come to me and I tell them that I sold it to someone out-of-state. The police then charge me with illegal interstate transfer. Who holds the burden of proof to show that the transfer was conducted legally or illegally?

  2. deadin

    deadin Well-Known Member

    You just send them to the FFL that did the transfer. It will be in his book as having been received from you and transferred to the new owner.
    That's the whole idea about using a FFL for interstate transfers.
  3. nalioth

    nalioth Well-Known Member

    While truthful, it's not quite the exact nature of the truth you want to tell investigators.

    What deadin said is what you want to tell them.
  4. NavyLCDR

    NavyLCDR member

    This is still America and not Iraq. They must prove that you did something illegal, IE witnesses that saw an illegal transfer. As was noted above, I wouldn't worry about it. If you want to keep any record at all, just the name and last address of the FFL. Even if the FFL goes out of business, the records get transferred to the government.

    Did you know that in Iraq, if a person is found not guilty in a court, that the prosecutor can appeal the not guilty and the person continued to be held until the appeal is over?!? :banghead:
  5. PAC 762

    PAC 762 Well-Known Member

    Thanks guys
  6. WardenWolf

    WardenWolf member

    It is the receiving FFL's responsibility to ensure everything is handled according to law. He is responsible for handling any paperwork regarding the transfer. It's not on you, it's on him.
  7. HankB

    HankB Well-Known Member

    If police are coming to question you about a crime, best to tell them NOTHING unless it's through your attorney.

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