Selling to a felon

[Railrunner85]

Hey guys, Okay it says that I can sell a firearm to a person in my state (WV) without any ffl, as long as they are also residents and he/she is not a convicted felon or convicted of demostic violence, etc. I was wanting to know how can you tell if they are a felon or not. I mean I doubt they are gonna say yea Im a felon and I routinely thrash my wife. Sorry if this is on another thread.

 

[Ryanxia]

In my state it is the buyer's responsibility not the sellers, sounds dumb but unless the seller directly knows they are a felon they are not responsible. This is in the state of Maine, I don't know about your state but check into that.

 

[bikemutt]

In WA there are a few things that need to be considered before selling a handgun to another individual privately.

1. They must be a resident of WA. Here a WA driver license is a good indication.
2. They must be 21 years of age or older. That WA driver license is back again.
3. I should have no reason to believe the person is prohibited from possessing firearms. For me personally, I need to see a carry permit or CPL as it's called here. Of course law enforcement credentials are good too. Other identification that implies the person is not prohibited may also suffice, like membership in an organization well known to require a criminal background check as a condition of membership. Finally, there's no substitute for good judgement which I know is subjective, if the person bears a strong resemblance to the guy I saw on America's Most Wanted last night, I need to weigh that

 

[NavyLCDR]

In WA there are a few things that need to be considered before selling a handgun to another individual privately.

2. They must be 21 years of age or older. That WA driver license is back again.

2. They must be 18 years of age or older, in Washington state.

 

[Jorg Nysgerrig]

Around here, most people just ask for a carry permit and call it good.

 

[Ryanxia]

Not all states require carry permits. And even in states that do (mine) plenty of law abiding citizens don't have them, and it is completely legal to sell handguns to them. Don't get scared away by the law, find out what you can and cannot do.

 

[Redlg155]

Just make out a bill of sale to cover you. You always have the right to refuse to sell to anyone you are not comfortable with.

 

[Railrunner85]

yea you dont need a ccp to in wv. I was just wondering. Everyone I have asked didn't really have an answer.

 

[orionengnr]

I am not familiar with WV law. In my home state (TX) the law reads that I, as the seller, may not sell to someone whom "I know to be or have reason to believe" is a felon.
That removes much of the legal burden from the seller...but I am still concerned about it. So I sell to people who have a Texas CHL. There is no shortage of us .

 

[Jorg Nysgerrig]

And even in states that do (mine) plenty of law abiding citizens don't have them, and it is completely legal to sell handguns to them. Don't get scared away by the law, find out what you can and cannot do.

While it is legal to sell to them, the OP was asking about how to know. While it doesn't prove beyond any doubt they aren't currently prohibited, a carry permit is a reasonable assurance that the person they were able to pass a background check when it was issued.

There is no shortage of buyers with permits, so there is little need to bother with those don't have one.

As orionengnr implied, it's just one less thing to worry about in life.

 

[Owen Sparks]

I think the law makes it illegal to KNOWINGLY sell to a convicted fellon.
Sure you could ask but if he lies you have no way to verify it.

 

[bikemutt]

2. They must be 18 years of age or older, in Washington state.

Even for a handgun?

 

[murdoc rose]

navys right its federal not state that says 18. If someone is willing to show you an idea your probably fine, use good judgment.

 

[bikemutt]

navys right its federal not state that says 18. If someone is willing to show you an idea your probably fine, use good judgment.

Sheesh, no wonder sales have been slow, my bad.

 

[NavyLCDR]

Even for a handgun?

Yes, 18 years old even for a handgun:

RCW 9.41.040
Unlawful possession of firearms — Ownership, possession by certain persons — Restoration of right to possess — Penalties.
(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm:
(iii) If the person is under eighteen years of age, except as provided in RCW 9.41.042;

RCW 9.41.240
Possession of pistol by person from eighteen to twenty-one.
Unless an exception under RCW 9.41.042, 9.41.050, or 9.41.060 applies, a person at least eighteen years of age, but less than twenty-one years of age, may possess a pistol only:

(1) In the person's place of abode;
(2) At the person's fixed place of business; or
(3) On real property under his or her control.

RCW 9.41.060
Exceptions to restrictions on carrying firearms.
(9) Any person while carrying a pistol unloaded and in a closed opaque case or secure wrapper; or

You legally sell the 18 year old the handgun in a private sale because it does NOT violate RCW 9.41.040 AND that 18 year old can possess/transport that handgun if it is unloaded and in a closed opaque case or secure wrapper.

18 USC 922(x), Federal law, makes it illegal for you to sell a person <18 years a handgun in a private sale.