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Thread: Can a felon sell a firearm?

  1. #1
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    Can a felon sell a firearm?

    I have an acquaintance who is a convicted felon. Drugs and DUI from long ago.
    He's now been clean and sober for 3 yrs. but needs money. He's had a few firearms stored at a friends house in another state. (from before the conviction, he hasn't touched them) Now, the friend wants to get rid of them. (He's getting married.)
    Can I legally buy one of them?
    Say the friend sends it to an FFL but the money goes to the felon.

    Part of me says he's not in possession of the firearms, but part of me says be careful, this is almost a straw purchase (or in this case sale)

    I want this to be squeaky clean. for me and him.

    Update: I may have my answer.

    (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been:

    (a) Convicted of a felony in the courts of this state;
    Since he can't own it, he can't sell it. I better stay away.

    I'd still like to hear an opinion. Seems like a felon should be able to get rid of a firearm while trying to stay within the law.
    Last edited by guns and more; 07-21-2011 at 11:27 AM.

  2. #2
    Distinguished Member T.S.'s Avatar
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    Quote Originally Posted by guns and more View Post
    I have an acquaintance who is a convicted felon. Drugs and DUI from long ago.
    He's now been clean and sober for 3 yrs. but needs money. He's had a few firearms stored at a friends house in another state. (from before the conviction, he hasn't touched them) Now, the friend wants to get rid of them. (He's getting married.)
    Can I legally buy one of them?
    Say the friend sends it to an FFL but the money goes to the felon.

    Part of me says he's not in possession of the firearms, but part of me says be careful, this is almost a straw purchase (or in this case sale)

    I want this to be squeaky clean. for me and him.

    Update: I may have my answer.


    Since he can't own it, he can't sell it. I better stay away.

    I'd still like to hear an opinion. Seems like a felon should be able to get rid of a firearm while trying to stay within the law.
    You are looking for a 'legal' answer here, and for that reason I would suggest that you contact an attorney who specializes in firearm laws.

    I know what I would do, but I am not comfortable giving you legal advice that pertains to something like this.
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    Distinguished Member MPDC66's Avatar
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    Quote Originally Posted by TampaSsgt View Post
    You are looking for a 'legal' answer here, and for that reason I would suggest that you contact an attorney who specializes in firearm laws.

    I know what I would do, but I am not comfortable giving you legal advice that pertains to something like this.
    Yep, one case where using a Lawyer trumps the common sense answer, at least officially.

    Just an aside, is there any legitimate paperwork with the guns and have you run a serial number check? Friend or not, long history or not , trusting a felon on such a matter is fine AS LONG AS YOU VERIFY HIS HONESTY SPECIFICALLY ABOUT THE WEAPONS.

    JMHO, he is your friend.
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    Distinguished Member Rich7553's Avatar
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    Quote Originally Posted by MPDC66 View Post
    Yep, one case where using a Lawyer trumps the common sense answer, at least officially.

    Just an aside, is there any legitimate paperwork with the guns and have you run a serial number check? Friend or not, long history or not , trusting a felon on such a matter is fine AS LONG AS YOU VERIFY HIS HONESTY SPECIFICALLY ABOUT THE WEAPONS.

    JMHO, he is your friend.
    It does bring up an interesting question though, how would a felon legally dispose of firearms?
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    Distinguished Member MPDC66's Avatar
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    Quote Originally Posted by Rich7553 View Post
    It does bring up an interesting question though, how would a felon legally dispose of firearms?
    surrender upon conviction?
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    Distinguished Member SIGnature's Avatar
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    Quote Originally Posted by MPDC66 View Post
    surrender upon conviction?
    I was wondering if that would be the correct legal answer. Can they sell the firearms? Can they give away the firearms? Is the law simply silent on this topic and assumes the firearms somehow disappear? This situation must come up all the time.
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    Quote Originally Posted by MPDC66 View Post
    surrender upon conviction?
    That's what should have happened when he was convicted. Apparently the courts weren't aware of his having them or they would likely have demanded the surrender of same.
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    Quote Originally Posted by SIGnature View Post
    I was wondering if that would be the correct legal answer. Can they sell the firearms? Can they give away the firearms? Is the law simply silent on this topic and assumes the firearms somehow disappear? This situation must come up all the time.
    If you can't be in possession of them, how can you give them away or sell them?
    The mind is the limiting factor

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  9. #9
    Distinguished Member SIGnature's Avatar
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    Quote Originally Posted by brownie View Post
    If you can't be in possession of them, how can you give them away or sell them?
    I get the surrendering part -- and again that's what I thought would be the answer... it's also 'cleaner' than allowing any other kind of transfer.
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  10. #10
    Distinguished Member Endangered Species's Avatar
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    Quote Originally Posted by MPDC66 View Post
    Yep, one case where using a Lawyer trumps the common sense answer, at least officially.

    Just an aside, is there any legitimate paperwork with the guns and have you run a serial number check? Friend or not, long history or not , trusting a felon on such a matter is fine AS LONG AS YOU VERIFY HIS HONESTY SPECIFICALLY ABOUT THE WEAPONS.

    JMHO, he is your friend.
    How would one go about running a serial number?

    To whom does one surrender the gun upon conviction - the government? Then what happens to it?
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