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Kevin is mostly right. BATFE says it is a Fed Felony to do ANY private transactions out of state!
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There is no such thing as a paperless SKS unless someone built the reciever [sic] in their basement or the gun was imported so long ago that the original FFL burned the records. If any federal licensee imported it or manufactured it, someone has paper on it, somewhere, which invariably leads to somebody. -Mike
FFLs don't burn records. When an FFL ceases to hold the license, the bound books are turned into BATFE.
Pat, you are correct in that residents of free states are not required to keep track of who they sell firearms to and who they buy them from.That being said, I see no stipulation that you HAVE to keep records of who you sell it to. Yes, it is foolish NOT to do so, but not illegal. If I'm wrong here, PLEASE somebody set me straight.
Pat, you are correct in that residents of free states are not required to keep track of who they sell firearms to and who they buy them from.
I disagree with you on the claim of foolishness to not record private sales. If we all were to keep records of who we sell guns to, the antis win.
That isn't completely true. There is a retention limit for how long the FFL has to keep the paperwork. I think it's on the order of 20+ years, though, so you're probably right, for all practical purposes, in most cases. But for FFLs that have been in business for a -really- long time, records destruction is a possibility.
-Mike
Pat, I would certainly cooperate with law enforcement to the best of my ability and recollection, but I am not about to do the antis' work by keeping track of who I've sold what.I know what you are saying, however, if THE LAW comes knocking, asking about a firearm used in a crime that was last papered to you (the generic "you"), they want to know how you dispensed of that firearm and to whome. If you say "some guy", they may not have a legal reason to do anything to you, but you may get extra attention in the future. They do NOT like straw purchases.
Pat, I would certainly cooperate with law enforcement to the best of my ability and recollection, but I am not about to do the antis' work by keeping track of who I've sold what.
Hmmm, how do you expect police to solve any crimes or track down criminals if they don't talk to people, or the people they talk to are not helpful within their rights. If one wants the police to fight crime then one might want to consider helping them do so.I stop considering police my "friend" when I am being questioned for any reason.
You did read me correctly.I'm going to do anything I can to assist law enforcement (I'm pretty sure you would also, if I read you correctly).
That's where you and I disagree. The antis want every single firearm transaction between private persons to be recorded for the .gov's convenience. I will not help them.I guess I think it's my responsibility to keep track of any firearm that has come into my possession by writing down the serial #'s and who I sold it to.
When you are being questioned by the police on an official matter where you are directly involved, the police do not have YOUR best interests in mind. Only you do.Hmmm, how do you expect police to solve any crimes or track down criminals if they don't talk to people, or the people they talk to are not helpful within their rights. If one wants the police to fight crime then one might want to consider helping them do so.
Here is where we part company. My response would be:When you are being questioned by the police on an official matter where you are directly involved, the police do not have YOUR best interests in mind. Only you do.
ATF: May we come in?
Me: No.
ATF: Did firearm X belong to you at one time?
Me: Yes.
ATF: Do you still own firearm X?
Me: No.
ATF: What happened to it?
Me: I sold it.
ATF: To whom, and when?
Me: I don't remember, it was too long ago.
ATF: You are supposed to keep a record of such sales.
Me: No, I am not. Is there anything else you need? Otherwise this conversation is over.
You didn't, and I didn't accuse you of lying either.Kevin, where did I say I would lie to them?
Fair enough, although that's not what came across in your vignette. I got the sense that when it comes to the ATF or police your memory of firearms transactions is measured in nanoseconds. Sorry if that was not the impression you meant to convey.I do not make it a practice to write down to whom I sell a firearm. That is PRECISELY what gun controllers want.
If I remember, I tell them. If I don't, I tell them I don't.
IANAL, but if the investigation of a particular crime weapon lands at your door, if you don't give the police info on who you sold it to, WHY should they believe you?