Dodged a metaphorical bullet

[Ash_J_Williams]

I live in the panhandle of WV, a few miles from VA, and I can see MD from the roof of any building.

I listed a pistol in a local buyer's guide that makes it's way all over. I said it'd be easier if it were sold in WV or to an FFL elsewhere. A guy stopped by to check out my stuff.

He was very dead set on getting the pistol today, but I had to explain that it was a felony, being that he lived in VA, to sell it directly to him. He insisted that he purchased pistols from WV all the time from this buyers guide, but I said sorry, I'd have to take it to a shop and have them do the transfer. They're cheap pistols, so I even offered to pay his fees, because... frankly, he was a little intimidating.

How often does this happen?

EDIT: He said he'd check in with me later in the week and we'd do the transfer legally. I just left my apartment, he had me wait an extra hour and I am late for a dinner with my S/O's family. As I was leaving, I saw him coming BACK towards my apartment... he's not from here, and has no reason to be here other than this; when he left, he was supposed to be heading towards his car. I told my neighbor to call the cops if anyone but me comes around, but I feel a little nervous now.

 

[LJ-MosinFreak-Buck]

Better be getting that cell phone handy. Maybe the equalizer as well in case.

 

[SARDiver]

As a matter of advice: Don't meet at your residence for something like this. Meet in a parking lot, away from the business. Obviously, be discreet, but that would be safer.


Good luck. Might want to call the sheriff and ask them to "show the flag".

 

[Sam1911]

It absolutely is a felony to do what he wanted, though there are plenty of folks who don't know that, don't believe that, or don't care.

As SARDiver said, it's probably best not to do such things at your home, but that's done. At least you should be able to give the police a name and description if there's a problem.

 

[REDMASTA]

Maybe he was ATF out fishing.

 

[Bubbles]

Maybe he was ATF out fishing.

Wouldn't surprise me since 244 Needy Road is in the eastern WV panhandle.

More likely it was someone who didn't have a clue about GCA '68. I'm also in the eastern panhandle and get a lot of folks from out of state calling the shop, since a 20 minute drive in either direction will put me in either MD or VA. A lot of folks get ticked off b/c we can't transfer a handgun directly to them - all we can do is refer them to an in-state FFL.

 

[splithoof]

My thought is that he was caught doing something bad by ATF, and must land another fish to lessen his potiential penalty.

 

[essayons21]

You did the right thing (other than setting up the meet at your residence). An acquaintance of mine some years back had a similar situation in which he met a guy to sell some guns, and after the guns and cash were exchanged the buyer mentioned in conversation that he had a decades old felony. The seller said that it didn't bother him, continued conversation. Apparently the buyer was an ATF agent/informant wired for sound, because as the seller got in his vehicle to leave he was arrested. He ended up avoiding jail time, but gave up his rather large collection of firearms.

To be on the absolutely safe side, you may want to consider contacting local authorities if this guy is persistent in attempting to make an illegal purchase across state lines.

EDIT: The guy originally listed the guns for sale on craigslist, so I am confident that ATF is trolling trading posts as well.

 

[Dnaltrop]

it's nice to see someone raised in a time when you could drop your wallet in the street and get it back. Sadly out of place today though.

Old Sesame Street episodes actually come with warnings on the box because early on the advice to a child who arrived home to an empty house was to "go into the friendly neighbor's house"

Hopefully nothing comes of it, but conducting transactions in public places with security camera coverage is nearly compulsory now, especially with Craigslist. The bad apples are doozies when you cross paths with them.

 

[Owen Sparks]

Is it illegal to sell a handgun to an out of state resident,
or is it illegal to KNOWINGLY sell to an out of state resident?

What if you did not ask and he did not tell?

Or what if he had just plain lied?

How would you know?

 

[Standing Wolf]

Maybe he was ATF out fishing.

That was my second thought, too. My first was to ask where in the Second Amendment it says we can't buy guns in states we don't reside in.

 

[Tallinar]

Is it illegal to sell a handgun to an out of state resident,
or is it illegal to KNOWINGLY sell to an out of state resident?

What if you did not ask and he did not tell?

Or what if he had just plain lied?

How would you know?

I can't speak for other states, but in my state one must have a permit to acquire pistols or revolvers. Even in a private transaction, it would be irresponsible of me to not at minimum ask to see the buyer's permit before selling.

Ignorance is only bliss until the cops come knocking on your door.

 

[Owen Sparks]

There are no permits required in my state to buy a handgun, only to carry it concealed.

Are you REQUIRED BY LAW to ask a potential buyer if he is from out of state?

Is the potential buyer REQUIRED to tell you if you don't ask?

 

[Tallinar]

Are you REQUIRED BY LAW to ask a potential buyer if he is from out of state?

Is the potential buyer REQUIRED to tell you if you don't ask?

The law does not allow me to sell a gun to a resident of another state. And residents of this state are required to carry a permit to acquire handguns.

Does the law specifically state I have to ask potential buyers? Probably not. But is it prudent for me to do so? Absolutely. Especially if I'm selling a gun whose serial number has my name tied to it on a transfer form.

Just beause the letter of the law does not give me a direct imperative to ask a potential buyer doesn't mean that I'm not accountable to the law as its written.

The law also doesn't tell me to tie my shoes, but I've decided it's a good idea unless I like to trip on my laces and fall. Why argue that the law needs to include more common sense imperatives? I thought we wanted to uphold common sense wherever possible, as opposed to give more unnecessary power to legislatures.

 

[sig220mw]

No matter. Make sure you cover yourself when it comes to the law. He sounds like he may be what someone else said. Someone already in trouble trying to lessen his own sentence

 

[Sam1911]

Federal law does say "knows or has reasonable cause to believe," which could be a saving grace in some circumstances:

§ 922. Unlawful acts
(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;...