Need some advice

[johnnyh]

Here's the story

Bought a new S&W model 439 back on 7-8-89 (I know the exact date because back on 3-24-09 I had the Calif DOJ send me a list of all guns they show I have registered.....it was the first one on the list). I sold it to a LONG time family friend about a year after buying it. It was not working for me.

I now want to buy it back, I offered him a little more for it than he paid me, but he wants to keep it. I figure my options are to go through a gun shop and do it legal...........or?. Use the money and help him through the process to get a new one, in his name or

I hate to rock the boat with him and his family. He said that he talked to an attorney (not sure if I believe that) and he said that I have no re-course in getting it back, this guy even said I wrote out a bill of sale (I do not remember doing that).

Any advice? Should I chat with an attorney. Can anyone refer a good one in So Cal.


Thanks,
John

 

[ColtPythonElite]

You sold property. It is now the new owner's.

 

[bikemutt]

I sold a gun to a long time friend last week at a value considerably below market. I asked for only one thing when we concluded our deal; if he ever felt the urge to sell it, give me first shot to buy it back, at market. He agreed, and I know he will honor our agreement because that's how we became long time friends.

Barring something along the lines of what I outlined above, I don't really see how you could lay claim on any grounds to get the gun back. Maybe there are some nuances you've yet to share?

 

[calaverasslim]

Sorry buddy, your loss, his gain. You sold it and just because you want it back, if he doesn't want to give it up, your dead in the water. Track down another one or forget it.

 

[cnj]

If he says he has spoken to an attorney, you have apparently already "rocked the boat". Bottom line, you say you legitimately sold it to him. Do the right thing.....move on. You have no recourse. Especially if he CAN produce the Bill Of Sale that he says he has. The other thing, is that you really should clean up the issue of that gun appearing on the CA DOJ list that shows it is still registered to you. It'll be a red tape mess if that gun were to ever be used in a crime and is confiscated.....LEOs will come looking for YOU.

 

[Teachu2]

You sold him a gun in 1990, roughly - so, over 20 years ago. Now, 3.5 years after you find that you were negligent when you sold it, you want to give him "a little bit more" than he paid you and get it back.


See Firearms Registration (http://wiki.calgunsfoundation.org/index.php/Firearms_Registration) on the Calguns Wiki

However, sales using an FFL were not required until January 1, 1991. Prior to that date an individual could sell to another individual without using a dealer, and there are probably several million firearms in California which have not changed hands since 1990.

The gun is his, legally AND morally.

 

[johnnyh]

Thanks, i will just do it the right way through a gun store and have him take the HSC and background and it will be done....thanks everyone!

 

[smalls]

You sold a gun to someone, and you want to force him to sell it back?

That's not how it works. You sold it, meaning you no longer own it, or have any right to it.

 

[smalls]

Thanks, i will just do it the right way through a gun store and have him take the HSC and background and it will be done....thanks everyone!

You sold it in '90? There's no need to go through an FFL, there was no need to in '90.