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Gun transfer question...sorta

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  • Gun transfer question...sorta

    Ok, So I have an odd question.

    Tonight I was at my wifes work x-mas party and I struck up a conversation with the husband of one of her co-workers. Turns out he is in the Army and just got back from over seas. We started talking about guns and he mentioned that he brought back an AK style rifle with him. After we talked some more he mentioned wanting to get rid of it because it brings back bad memories and he offered to sell it to me. I told him I was not really comfortable with that because I didn;t know if it could be legally transfered to me.

    So my question is this. If I were to buy it is there a way that it can legally be transferred to me or registered?? Or is this something that I should just leave alone?
    “Fear not the night.

    Fear that which walks the night.

    And I am that which walks the night.

    But only evil need fear me…

    and gentle souls sleep safe in their beds…

    because I walk the night.”

  • #2
    Assuming he acquired the rifle outside the U.S. and didn't go through the proper process to bring it back, I wouldn't buy the gun. I'm no expert, but I don't think anything about being in the military exempts your from laws on importing weapons, especially when the gun is for personal use. Someone correct me if I'm wrong.

    If he did go through the process to legally import it, then by all means, go ahead. It would be the same as any other private party purchase in your state.
    Last edited by phillydog07; 12-12-2011, 01:37 AM.

    Comment


    • #3
      Originally posted by FutureCop1 View Post
      Ok, So I have an odd question.

      Tonight I was at my wifes work x-mas party and I struck up a conversation with the husband of one of her co-workers. Turns out he is in the Army and just got back from over seas. We started talking about guns and he mentioned that he brought back an AK style rifle with him. After we talked some more he mentioned wanting to get rid of it because it brings back bad memories and he offered to sell it to me. I told him I was not really comfortable with that because I didn;t know if it could be legally transfered to me.

      So my question is this. If I were to buy it is there a way that it can legally be transferred to me or registered?? Or is this something that I should just leave alone?
      I don't know your state laws regarding private firearm sales, but here in TN there is no paperwork required for me to sell someone a gun. I've owned several guns, and sold many to friends or acquaintances. They hand me money, I hand them a gun. Simple as that.

      I think by law I'm supposed to verify that they do in fact live in TN (they obviously do), but I don't have to perform a background check or fill out paperwork. As a side note, firearms here aren't "registered" to you when you buy them. Your name will be on the paperwork as the original owner but that's about it. It's a lot easier than buying a car.

      Again, this is my state, I don't know if yours varies.

      Comment


      • #4
        Originally posted by phillydog07 View Post
        Assuming he acquired the rifle outside the U.S. and didn't go through the proper process to bring it back, I wouldn't buy the gun. I'm no expert, but I don't think anything about being in the military exempts your from laws on importing weapons, especially when the gun is for personal use. Someone correct me if I'm wrong.

        If he did go through the process to legally import it, then by all means, go ahead. It would be the same as any other private party purchase in your state.
        I guess I should have clarified. He did get it overseas and brought it back with him.
        “Fear not the night.

        Fear that which walks the night.

        And I am that which walks the night.

        But only evil need fear me…

        and gentle souls sleep safe in their beds…

        because I walk the night.”

        Comment


        • #5
          Basically.............

          If the firearm is legal for you to own, then federally there is no paperwork. You pay him and he hands you the rifle. If it is a Title II (SBR or Full Auto) and was properly registered, then you will need to file the BATFE transfer paperwork and pay your $200 tax. However if is is a short barreled rifle or a full auto and was not properly registered, then it cannot be transferred to you. It should be surrendered and destroyed.

          Your state may have other laws governing how firearms are to be transferred. I can't comment on those. Here in Indiana I have bought and sold firearms in a parking lot. It's perfectly legal assuming neither party is a felon.

          Much caution should be taken. Many "bring backs" are illegal because some dumbass just crammed it in his seabag or stashed it in his conex box.
          "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell
          8541tactical.com - Ammo Wallets

          Comment


          • #6
            I am no lawyer, but as long as the barrel is >=16in and it only fires one round per trigger pull, you can buy it. No paperwork, no registration, nothing.

            I doubt, military or not, that he was able to just slip an AK-47 in his backpack and smuggle it into the country illegally. I am assuming it is completely legal and don't see why you should not be able to do the same. Just like when you buy a weapon at a gun store, it isn't your responsibility to get the Gunfax and make sure they obtained it legally. It's just reasonably assumed.

            Comment


            • #7
              I talked a little bit more to the guy today. Apparantly he took the gun apart then hid it in a humvee and then when he got back to the states he reassembled it. I think I'm gonna pass on it
              “Fear not the night.

              Fear that which walks the night.

              And I am that which walks the night.

              But only evil need fear me…

              and gentle souls sleep safe in their beds…

              because I walk the night.”

              Comment


              • #8
                Originally posted by FutureCop1 View Post
                I talked a little bit more to the guy today. Apparantly he took the gun apart then hid it in a humvee and then when he got back to the states he reassembled it. I think I'm gonna pass on it
                I would as well. Even though it's likely the govt. will never notice, I would rather not knowingly give the ATF a reason to take my guns away.

                Comment


                • #9
                  I think at a minimum the one of the bans prohibited the importation of semi AK-47s, something about have a minimum parts count. There is also the issues that you have to get permission to import weapons into the US, before the come in. That is if it is a semi. Full auto? Forget about it, so many laws have been broken I can't count them. Also look out for people selling these things because BATFE is has arrested them and are looking for some willing participants to deal in these illegal weapons. If I were your friend, I would talk to a lawyer and get it surrendered some how or have it destroyed. I would also not even have any contact with this guy, it is just not worth getting involved.
                  Ut humiliter opinor

                  Comment


                  • #10
                    Originally posted by FutureCop1 View Post
                    I talked a little bit more to the guy today. Apparantly he took the gun apart then hid it in a humvee and then when he got back to the states he reassembled it. I think I'm gonna pass on it
                    You should know that even talking about buying it is technically a crime, or conspiracy to commit a crime. I'd stay AWAY from the guy in general...when he gets caught at the stuff he seems to do, it is best you not be associated with him.

                    If he were to totally destroy the receiver in the approved fashion, the rest of the parts (known as a "parts kit") would have some value.

                    Bill
                    Just pay your dues, and be quiet :-)

                    Comment


                    • #11
                      Let's see, Possession of an unregestered machinegun, transportation, sale, totals up to a possible 30 years of living rent free, as a guest of the Federal Gov.
                      He needs to make the gun go away, NOW. Or he has already been caught, and wants to roll you up in it to show he is ""cooperating with BATFE to fade some of the heat.
                      "A man who has nothing which he cares about more than he does about his personal safety is a miserable creature who has no chance of being free, unless made and kept so by the existing of better men than himself."
                      John Stuart Mill

                      Comment


                      • #12
                        I say get it then post up pictures....It'll give the ATF something to do...would take a good 3-5 days to get IP addresses and warrants.

                        Comment


                        • #13
                          Originally posted by Fëanor View Post
                          I am no lawyer, but as long as the barrel is >=16in and it only fires one round per trigger pull, you can buy it. No paperwork, no registration, nothing.

                          I doubt, military or not, that he was able to just slip an AK-47 in his backpack and smuggle it into the country illegally. I am assuming it is completely legal and don't see why you should not be able to do the same. Just like when you buy a weapon at a gun store, it isn't your responsibility to get the Gunfax and make sure they obtained it legally. It's just reasonably assumed.
                          You can ASSUME all you want. However MANY, MANY servicemen did just that. In fact so many did it in past wars that there was an "amnesty period" for a time where unregistered machineguns could be legally registered.

                          Even if it is a semi-auto only rifle you cannot just import a weapon because you want to.

                          Possessing an illegally imported weapon is a crime. Don't be that guy.
                          "People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf." - George Orwell
                          8541tactical.com - Ammo Wallets

                          Comment


                          • #14
                            Originally posted by willbird View Post
                            If he were to totally destroy the receiver in the approved fashion, the rest of the parts (known as a "parts kit") would have some value. Bill
                            Even if he destroyed the receiver didn't he violate some importation laws with regard to the parts alone? I didn't think you could import demilled parts sets without some paperwork being filed? IIRC there is an import ban on barrels from our friends at BATFE. But I may be wrong on that.
                            Ut humiliter opinor

                            Comment


                            • #15
                              Technically yes, but in the real world, most parts sets I have seen did not have any import markings on them, thus after the contraband portions were destroyed, one parts set is much like another one.
                              Just pay your dues, and be quiet :-)

                              Comment

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