Punishment for an unregistered handgun?

[redranger1]

I live in the state of Missouri and my brother and i was talking today about what kind of trouble if any a person can get into for having a handgun that you did not get a sheriffs permit to buy. Say for example i bought a handgun off of a guy walking around at a gun show. And then a few months later i was pulled over and the cop runs my gun and it never comes up with my name atached to it. Can a guy get into trouble?

 

[Leanwolf]

Depends on the laws in Missouri. If FTF (face-to-face) sales, or private party sales are outlawed in your State, then yes, you could get in trouble.

In Idaho, FTF or private party sales are legal. You do not have to go through a FFL dealer, or register with the State.

Check the laws in your State.

L.W.

 

[Outlaws]

Another state where you need a permit to buy..... I thought Missouri was gun state.

 

[priv8ter]

Say what...

A permit for what? Unregistered handgun? I only own about 6 of them...

Well, I didn't realize Missouri still worked that way. Better than it used to be I guess...

From looking at the Missouri Revised Statutes, MRS 571.080 Transfer of concealable firearms without permit unlawful

it appears that you are looking at a Class A misdemeanor(up to 1 year in jail, and a fine of up to $1000), which is better than a felony charge, I guess.

Still, kind of a sad state of affairs.

greg

 

[duckandcover]

priv8ter said:
From looking at the Missouri Revised Statutes, MRS 571.080 Transfer of concealable firearms without permit unlawful

it appears that you are looking at a Class A misdemeanor(up to 1 year in jail, and a fine of up to $1000), which is better than a felony charge, I guess.

Still, kind of a sad state of affairs.

greg

Sometimes it's really hard to keep all these laws straight isn't it? You found the right law and section (571.080) but you appear to have missed the modifier that has repealed the section you are quoting from. I am not a lawyer but let me explain.

In Missouri, as of right now, you must have a "permit to acquire" to transfer a concealable firearm (ie. handgun). Here's the process taken from Countenance Blog:

(1) One has to agree in principle with a gun dealer or an individual on the handgun that one wants to purchase.

(2) Go to the county sheriff’s office (or the County Police Headquarters in St. Louis County), and get the “Permit to Transfer” forms.

(3) Take the forms and yourself back to the seller.

(4) You fill out your half, the seller fills out his or hers, which includes serial number of the gun, make, model, caliber, etc., not to mention personal information about yourself and the seller.

(5) You take the paperwork back to the county sheriff’s office.

(6) Wait five business days, probably more in certain jurisdictions.

(7) Return to the sheriff’s office, and if you passed the background check, your permit will have been approved.

(8) Take the approved paperwork back to the dealer, and then you can legally take possession of the gun. You keep a copy, the dealer keeps a copy, and the sheriff’s office keeps a copy.

Well guess what? Missouri SB 62 was signed by Governor Blount on 7/3/2007 and goes into effect 8/28/2007. SB 62 is Missouri's Castle Doctrine law and also repeals the "permit to acquire".

http://www.nraila.org/Legislation/Read.aspx?ID=3144

You can find the full text here:

http://www.senate.mo.gov/07info/BTS_Web/Bill.aspx?SessionType=R&BillID=108

Now here is where it get's tricky. Click on "Full Bill Text". Next you'll want to click on "Truly Agreed To and Finally Passed" but first pay special attention to "EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is intended to be omitted in the law."

Scroll down to section 571.080. All that stuff in the brackets that you saw? It's to be omitted. Gone. Done. Replace all that stuff in the brackets with the phrase at the end.

571.080 [1] A person commits the crime of transfer of a concealable firearm [Blah, blah blah about the old permit to acquire blah, blah] if such person violates 18 U.S.C. Section 922(b) or 18 U.S.C. Section 922(x)

So you found the section 571.080 but you have to omit all the stuff in the bracket (which refers to Missouri's permit to acquire) because it is now replaced with just the applicable Federal laws 18 U.S.C. Section 922(x).

Hope all that makes sense.

 

[ok41]

Dear Duckandcover

I am stuck living in Missery. And consider myself smart enough to function but... can I buy a handgun from my neighbor on Aug 29th without doing any paperwork and not run afoul of the law?

 

[roguetek]

ahh I love maine.

Up here the answer to that question is "none of your damned buisiness".

open carry. no registration, shall issue permits, FTF with no papers is just fine...

 

[ndolson]

After August 28th the permit to acquire no longer exists. I'd say just hold onto it and lay low until that time, then they can't really prove that you didn't buy it when there were no permits required.

 

[Wedge]

If you were in New York (my old state) the answer can be found in the attachment. You will have to check with your state's laws.

 

[redranger1]

Thanks for the replies guys. I am really excited about this new bill passed, it will make buying a handgun so much nicer.

 

[Steve499]

As I understand it, after August 28, sales between Missourians are only regulated, as duckandcover so ably pointed out, by federal law. As I read those, a private individual only runs afoul of them if he KNOWINGLY sells to a prohibited person. Since an individual doesn't have the ability to access the databases required to conduct background checks, you have no way to learn if a buyer is a prohibited person. I think that if I was selling to a stranger, I'd have him show me a driver's license to determine he was a resident, and ask him to declare in writing he wasn't prohibited from owning firearms by federal law. If, on the other hand you sell to Billy-Bob who you know just got out of prison, even if he says he isn't prohibited, you have problems.

Regarding the original question about the trouble possible for possessing a handgun for which no permit to purchase was obtained--- I never heard of any charges ever being made for that. After the 28th of August, it will be moot since the law requiring the permit no longer exists.

Steve

 

[Technosavant]

1) There is NO requirement to register guns in MO.
2) It is a Permit to ACQUIRE, not OWN. Unless somebody testifies to your violation of that statute and has actual firsthand knowledge of it (looks like that's 2 people, both of whom would implicate themselves by doing so), I don't see why the local sheriff would mess with it.
3) Always, always, ALWAYS try to learn the law so you may follow it exactly.
4) If you have any more handguns you want to buy in MO, wait for August 28th, when this antiquated and useless permit system goes away.

 

[Technosavant]

I am stuck living in Missery. And consider myself smart enough to function but... can I buy a handgun from my neighbor on Aug 29th without doing any paperwork and not run afoul of the law?

So long as you are legal to own it and the firearm itself is not illegal, then no paperwork is needed for a private purchase.

As of Aug. 28th, buying a handgun in MO (for MO residents, mind you) will be no different than buying a long gun.

 

[Primersinmyshoe]

I can't wait for Aug 28th. It will be such a relief not to have to go downtown and pay $10 for permission to buy a pistol. I expect brisk sales at the gunshop/range where I work part time. I hope the boss gets plenty of guns in stock by then.

 

[ptmmatssc]

roguetek

The reason maine is like that is simple . Just take a ride to the state house whenever there is any anti gun legislation hearings and you'll see that they can't even have a room big enough to hold all the pro rights people that show up . Mainers tend to be pretty active where their guns are concerned. we aren't to bad for a "blue" state (D- according to brady bunch , lol ) .