Ruger Blackhawk old model

[Oaktree45]

I have a question that probably should be answered by a lawyer but I’m going to pose my question here anyway.

I have an old model Ruger Blackhawk .357 Magnum that has not had the safety bar installed. If I were to sell this gun in its original configuration and the new owner had an accidental discharge, could I be named in a lawsuit? I guess if I sold it I could always have the new owner sign a statement that he/she understands the risk and that the gun must be carried with the hammer resting on an empty chamber.

The thought of being named in a lawsuit is the reason I’m considering sending it to the factory for the recall repair. What are your thoughts?

 

[CraigC]

People buy and sell these all the time without worry about that sort of thing. Usually, the transfer bar update will lower the value of the sixgun. Especially if the original lockwork is not returned by Ruger.

 

[bannockburn]

Bought my 3 screw Blackhawk at a gun show and there was no mention of the transfer bar safety issue. If you're concerned about selling it put it in writing that the buyer has been made aware of the situation and that the gun is being sold as is.

 

[Dave T]

You may have more trouble selling your Blackhawk if you have the transfer bar installed. The appeal of the OMs for many of us is that they don't have it.

I've turned down two OM 3-screw Rugers because they had the transfer bar installed. One in a shop and one at GB. Sellers didn't originally declare they had been modified. Ruined them as far as I was concerned.

Dave

 

[Pudge]

Want to trade for a new model? I'd sign a waiver.

 

[Old Stumpy]

Just sell it as an "Old Model Blackhawk".
You can state that is an older 3 screw model made without a transfer bar safety, and is sold unaltered.
Such a gun is very desirable.

Lets face it. In our litigious world anyone can sue anyone for anything, no matter how silly.
Even if you did convert the revolver, the new owner could still sue you if he injured himself.
If he accidentally shot himself, he could claim that you did not warn him that the gun had no manual safety.

 

[AustinTX]

Please don’t alter it. A modified OM Blackhawk is just a ruined gun as far as I’m concerned, and I’m far from alone in that feeling.

Just word your eventual ad for the gun as Old Stumpy described. If you want to be extra careful, reiterate the point in email communications with the prospective buyer and retain a screenshot or some other copy of your ad.

Just know that, in theory, you could still be named in a lawsuit whether you had the gun modified or not. A person doesn’t have to have a valid claim for relief just to initiate a lawsuit against you. However, the odds of being sued after a sale are vanishingly small — especially after a sale in which you disclosed all relevant features, disclosed any obvious defects, stated that issues unknown to you may exist, and advised that a qualified gunsmith should first evaluate the firearm prior to use in case any other defects are present.

 

[Old Stumpy]

Just know that, in theory, you could still be named in a lawsuit whether you had the gun modified or not. A person doesn’t have to have a valid claim for relief just to initiate a lawsuit against you. However, the odds of being sued after a sale are vanishingly small — especially after a sale in which you disclosed all relevant features, disclosed any obvious defects, stated that issues unknown to you may exist, and advised that a qualified gunsmith should first evaluate the firearm prior to use in case any other defects are present.

I don't think that anyone would buy the revolver if the bill of sale contained the latter comments about unknown defects and gunsmith inspection. I would not.

However, even if someone did file a claim hoping to wangle an out of court settlement, I suspect that a hefty responding counterclaim would dampen their enthusiasm to pursue it.

Also, say that you sold someone a fully restored 1920 Model T Ford and they were injured in a collision where they rear-ended a car on a public road.
That person then sues you for failing to inform him that a Model T Ford only has rear brakes and reduced braking capacity, and that it does not possess any air bags.
Would they win their suit? I very much doubt it.
Any reasonable person would realize that the stopping ability and safety features of a restored century old antique car are in no way as safe as a restored vehicle that is 5, 10, 20, 30, 40, or even 50 years old.
So, as long as the brakes were not worn, functioned as well as they did when new, were adjusted properly when sold, and the vehicle had safe and roadworthy tires (for a Model T Ford), no person could reasonably expect such a vehicle to perform or protect them like a modern vehicle.

Likewise, a reasonable man could not expect a 50 year old revolver to be the equivalent of a modern-made one. So, simply stating in the bill of sale that there is no transfer bar safety installed should be sufficient.

 

[NIGHTLORD40K]

If youre that worried about it, sell it to a gunshop and let them assume the end-user laibility.

 

[Old Stumpy]

If youre that worried about it, sell it to a gunshop and let them assume the end-user laibility.

Consignment works, if the fee is reasonable.

 

[AustinTX]

I don't think that anyone would buy the revolver if the bill of sale contained the latter comments about unknown defects and gunsmith inspection. I would not.

To be more clear, regarding those two points, I’m just referring to the sort of general disclaimers that many of the most prolific Gunbroker sellers include with all of their auctions. Not saying it’s necessary, either.

I agree with the rest of your post.

 

[Bill M.]

If I bought another OM I would want it unconverted. One thing is the free shipping label to Ruger. If it needs other work then you can ship it for conversion and piggy back the work. Maybe you could just sell it to a shop or gun dealer and let them re sell it. Best solution: Just keep it.
If you do ship it to Ruger take the parts out first.

I do not know the answer to the legal question. As far as I know there is no legal requirement to do the conversion. And the conversion is available to the buyer same as it is to you, so maybe it is the buyers responsibility and choice. The conversion is offered more to bail Ruger out of a situation than any thing else.

 

[KevininPa]

Leave it as is. Advertise it as the OM it is. Worth more that way. I'd make you an offer now but unfortunately just got done building an AR recently. Not quite done with just a few things on it yet.

 

[Reinz]

Please don’t ruin that gun by sending it in. The reasons have already been stated.