Legality of selling a defective firearm?

[MMcfpd]

I have a fairly rare, older firearm that I'm considering selling, but I'm wondering if I can do so without straying into some illegal situation.

The gun functions fine, but the safety does not. With the safety on, if you pull the trigger it won't fire. But if you pull the trigger about three times, it will. I've had the gun to a smith, and he says there's really no way to repair the safety as parts are nonexistant.

So would it be legal for me to sell the gun if full disclosure was made (and documented) of that failing?

 

[Treo]

I don't see why not. The buyer knows what they are getting

 

[545days]

What is it, and approximately how old is it? If it is old enough to be interesting, I might buy it, and it would not be the first defective firearm that I have knowingly purchased.

I am in the process of restoring several firearms, and may be interested in it solely as a parts gun if it is truly irreparable. The fact that your smith can't find parts does not mean that they cannot be made, and making one off parts with a file is something that I have done, and just might do again given an interesting challenge and enough time...

Personally, I would have no problem signing a waiver...

 

[Gator]

As long as you make full disclosure, as you plan to do, there's no problem at all.

But, I'm sure a real gunsmith could fix it, you know...not one who just replaces parts.

 

[MMcfpd]

But, I'm sure a real gunsmith could fix it, you know...not one who just replaces parts.

Oh I think the fellow I took it to could fix it - he's fabricated stuff for me - but not for a price I'd want to pay.

The gun is a Tri-C Fox Wasp Carbine:


Made during Tri-C Corporation's brief life, in 1974 or 1975, it's a .45 ACP semi-auto carbine. While it's in near pristine shape otherwise, it fires from an open bolt and is thus quite difficult to fire accurately. That dampens my desire to resolve that one issue.

 

[kingpin008]

As long as you fully disclose the defect with the gun and what it affects, function-wise, what possible legal trouble could there be a risk of? I mean, if a buyer bought the gun from you, knowing exactly what was wrong with the gun and fired it in an unsafe way anyway, and was subsequently hurt, that'd pretty clearly be their own fault.

I think you're good to go. Pretty interesting little carbine, too.

 

[The Lone Haranguer]

just a thought

In addition to disclosing the defect(s), you might want to give him a receipt with an "as is and with all faults" disclaimer, have him sign or initial it, and keep a copy.

 

[545days]

1974 or 1975? Heck that's not an old gun,it's younger than my baby sister.

While I have no qualms about buying a broken gun, I am afraid that yours just doesn't spark my interest.

What in particular is broken?

 

[jrfoxx]

As others have said, as long as you make the defect clear to any buyers, you will be fine. Even if you didnt, I dont think it's a crime, but you could be sued if/when the buyer finds out and isnt happy, or if the buyed has an AD (or even ND) with it.Regardless, ethically, the defect should be made very clear in advance, and the suggestion to mention it in writing, with the "as is" clause, seems like very good advice.

 

[Master Blaster]

Just curious but who puts the safety on a loaded gun and pulls the trigger?

Three times at that?

Really Its as big a defect as the gun firing when its loaded with the safety off. or firing when its pointed at something the owner didnt want to destroy.

I would sell it with a written warning, and you should be fine, if you are worried have the buyer sign a copy of a disclaimer in front of a notary.

 

[Drgong]

Have it documented in writing, and have the buyer sign it saying that he read it.

Then keep a copy for your files, and you should be fine.

 

[GRB]

If you are going to sell a gun, let alone a defective gun, there probably would be no legal problem with doing so if full disclosure is made to the buyer; but make sure by checking state and local law. There could later be civil liability if the buyer accidentally injures someone because of the fault, or if he sells it and a later owner/possessor injures another person because of the fault. You may want to strongly consider having any buyer sign a hold harmless and indemnify agreement in which the buyer agrees to cover your legal expenses should you be sued for any reason, by any party, subsequent to that gun being sold by you.

It is a lousy world in which we live when such things are even a consideration, let a lone a prudent thing to do, in order to get something done without fear of civil litigation raking us over the coals. Then again it is the way of the world , especially in the law suit crazy United States, with all of the sharks who are out for blood.

All the best,
Glenn B

 

[Jim K]

Write out a disclosure form in two copies indicating the make, model and serial number of the gun, and describe the defect. Extreme detail is not needed, but something like "gun may fire with safety engaged" should be enough.

Then add a paragraph that says the buyer has read and understands the warning and has been shown the defect. Then have him/her sign the copy you will keep.

If he/she refuses to sign, call off the deal. Better to lose a sale than to lose everything you own in a law suit.

Jim

 

[packnrat]

yes put it to paper as sold as is and list the know problems, and have the buyer sign it both of you get a copy...you keep the one with the fresh ink, buyer gets the copy.