Hogwash.coyotehitman said:Spats McGee said:I would also add that laying your money on the table doesn't mean that the FFL has accepted it. In addition to the Brady Bill violation, you (the proposed buyer) could be looking at theft charges. I don't know about other states, but in AR, theft of a firearm is a felony.
An offer, acceptance, and transfer of consideration says otherwise. I'm not sure what your court system is like, but you will never receive a filing here under these circumstances. I'll guarantee, if you could somehow pull off a filing, you'll never get a conviction.
Here's the thing. Offer, acceptance, consideration etc., are all very nice when discussing the common law threshold elements of the formation of a contract, but there's a lot of additional factors especially when the subject matter and performance of the contract are heavily regulated.
It is also basic contract law that a contract to perform an illegal act is void. Also, when performance of a contract would violate the law, performance is excused.
The Gun Control Act of 1968, as amended by the Brady Bill, sets out detailed requirements which must be satisfied in order for an FFL to lawfully transfer a gun to a person. Furthermore, since a contract to acquire a gun from an FFL in a manner that doesn't satisfy those requirements is an unlawful contract, a buyer has no right to performance except when/if transfer is done in a manner that satisfies those legal requirements. Thus the buyer can not acquire legal title to the gun except when transfer is done in accordance to those legal requirements.
Let me suggest that you not try to pretend you're a lawyer if you don't have the education and experience to be qualified for the role.
On the other hand, Spats McGee is an experienced attorney practicing in Arkansas. Oh, and I'm a lawyer who retired after 30+ years of successful practice; and although I retired in 2007, I am still an active member of the California Bar.