Selling Handgun ???

[teecro]

Just double checking: If I was selling a handgun!

 

Seller needs to be:

 

(1) Tn resident

(2) 18+

(3) Not a felon

(4) Not otherwise prohibited

 

Nothing else REQUIRED correct?

[Caster]

Selling to anyone under 21 is asking for it. Legal or not.

[Jonnin]

Just double checking: If I was selling a handgun!

 

Seller needs to be:

 

(1) Tn resident

(2) 18+

(3) Not a felon

(4) Not otherwise prohibited

 

Nothing else REQUIRED correct?

 

well 4 covers *everything* including 1,2, and 3.   So by definition nothing else is required.   Those 3 should really cover what is required in an individual sale -- but you can't verify any of the 3 if the person really wanted to make an effort to lie about it.  Heck we had fake IDs that would pass a casual look at age 15 or so...  that would pass 1 and 2 for 95% or more of the folks that took the time to look at the buyer's ID.  And #3 is impossible for citizens to get info to check.   So are the others (has active restraining order, for example).  

 

So while 1,2,and 3 cover the due diligence of the seller,  you are totally wasting your time checking as honest people are not the problem and 1,2, and 3 are easily lied about. 

 

And I agree: I would never sell to an under 21 that was not related to me or a very, very, very good friend. 

Edited April 23, 2015 by Jonnin

[teecro]

Well I have no intent on running a rap sheet or going beyond due diligence by asking "Any reason why I shouldn't sell you this gun?"

 

All I'm asked was what are the legal requirements....

[Hammer285]

If the buyer has a valid TN handgun carry permit you are covered pretty well. Means they are over 21, have taken the required safety class, passed a background check and finger prints are on file with TBI.

[bersaguy]

I have sold several handguns and a few long guns recently after my health issues back in December- February and All had a HCP and DL and many were members here. I felt very comfortable with each sale. As far as selling to anyone that is under age 18. I don't think I would go there unless it was a family member or very very close friend............jmho

[Mike.357]

Selling to anyone under 21 is asking for it. Legal or not.

 

why is that?

 

legal is legal isn't it?

[Caster]

Yes, yes. How many times do we read or see on on tv, perfectly legal things get taken out of context and turned around on an individual?

It's perfectly legal for you to own 500,000 rounds of ammo. No laws broken, provided you paid for it. It'll get turned around on you and you k know it will.

Everyone must do what they feel is right. I prefer to wear thick gloves when playing around with fire though.

[monkeylizard]

As far as selling to anyone that is under age 18. I don't think I would go there unless it was a family member or very very close friend............jmho

 

Nobody said anything about under 18. That's not legal. The OP asked about 18+ which is perfectly legal in a private handgun sale.

 

If the buyer is a TN resident, 18+, and you have no reason to believe they're prohibited, then you're good to go. There's no requirement for you to go looking for any criminal record, etc. If you don't know about it or shouldn't reasonably have  known about it, you're good. If they make a comment like "I'm glad you're selling this to me. I don't think I'd pass a background check." that's reason to believe they're prohibited and you should abandon the sale.

 

Personally, I'll only deal in private sales with friends, family, and longtime TGOers with solid iTrader ratings.

Edited April 23, 2015 by monkeylizard

[Caster]

I'll be the first to say, you can't let paranoia rule your life BUT, imagine if you will, selling a handgun to a 18 or 19 yr old guy. Senior in high school is highly likely. You've broken NO laws. Then he does something dumb. No, by the letter of the law, you should Not be liable for it, but since when has the law ever made a difference in such cases?

[Mike.357]

Yes, yes. How many times do we read or see on on tv, perfectly legal things get taken out of context and turned around on an individual?

It's perfectly legal for you to own 500,000 rounds of ammo. No laws broken, provided you paid for it. It'll get turned around on you and you k know it will.

Everyone must do what they feel is right. I prefer to wear thick gloves when playing around with fire though.

 

fair enough

[Jonnin]

Well I have no intent on running a rap sheet or going beyond due diligence by asking "Any reason why I shouldn't sell you this gun?"

 

All I'm asked was what are the legal requirements....

 

the LEGAL requirement is very low bar:  its simply that you must not sell your gun to someone that you have a good reason to believe is not allowed to buy it.  That includes the points you listed, but you are not required to ask them a single question nor to view their license or anything else.  You can legally walk up to me, sell me your gun, and go home without saying a word. 

 

Now, if you sold it to an 8 year old, someone will say you should have a reason to believe the buyer was underage.   If you sold it to a guy that can't speak any english, someone might wonder.   ETC.   If you sold it to your uncle that you knew broke out of prison last week, that is a problem.  

 

 

IMHO it is dumb that we think an 18 year old is mature enough to vote, handle a fully auto weapon and bombs in another country via military service,  but not mature enough to drink or buy a pistol here.    There is a major disconnect somewhere... that is illogical.   An 18 year old is thousands of times more likely to kill with a car than a gun, on the average, but we trust cars to even younger kids.   There are 40 year olds I would not trust with a pistol or a car --- age and maturity are only related in the most obscure ways.  That said, I sure as crap don't want to be the guy who has his name in the news for selling a pistol to an 18 year old whacko that shot up the highschool the next week with it....  even if I did nothing wrong, I don't need that kind of legal trouble.... and you can bet on it, it would lead to a lawsuit somewhere down the road.

Edited April 23, 2015 by Jonnin

[nightrunner]

I'll be the first to say, you can't let paranoia rule your life BUT, imagine if you will, selling a handgun to a 18 or 19 yr old guy. Senior in high school is highly likely. You've broken NO laws. Then he does something dumb. No, by the letter of the law, you should Not be liable for it, but since when has the law ever made a difference in such cases?

I'm not saying this simply to be argumentative but to provide another side to it.

I bought my third pistol when I was 19. An XD-45 Service. Saw an ad on goLSN. Went and met the guy and bought the pistol, no problems. I wasn't a high school senior, I had been out of school for a year at that time. I worked construction as an electrician and had saved up some money to buy the .45 because I learned early on the .40S&W sucks ( just kidding:)) there was no harm and no foul in a 19 year old having a handgun.

[Jonnin]

yep.  I had one at 18 as well, and 2 or 3 before 20 or right around.    And I had a rifle long before that.   The truth is that its no more risky than selling to a 30 year old --- either one could use the gun to go commit a crime, if you dont know the person, its a roll of the dice.   But if they DO go commit a crime, and the gun is traced back to YOU as the seller,  the odds of trouble go up significantly for the 18 year old.   At 21 + the buyer can get a gun at a dealer by passing the background check and all is normal again.  Under that,  the seller might have a higher risk of legal problems in the small chance that the buyer was not a good person.

[EssOne]

I only sell pistols or AR's to friends or relatives or someone I shoot with that I know very well.  I never need the money so bad I have to run all the risks you gents mention above by selling them out in the public arena, so I guess I'm one of the paranoid ones too. I'm a member of a 1,300 member gun club and run the club's military matches, so I'm exposed to a lot of people who I know to be responsible and legally eligible to own pistols.