Private firearms sales...

[SavageEagle]

I found this while looking for what I should expect when I try to purchase a firearms from someone who's not a dealer. Currently I'm looking to trade off most of my computer stuff to get a firearm since mine is in limbo in my appeals process. Looking through here and other regulations I know I will win my appeal.
I found this on the site: Legal Community Against Violence

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Indiana, although federal and state purchaser prohibitions still apply. Indiana Code Annotated § 35-47-2-8 specifically notes that the handgun sales regulations under Chapter 35-47-2 (i.e., the prohibited purchaser provisions) apply equally to an occasional sale, trade, or transfer between individual persons and to retail transactions between dealers and individual persons. See the Indiana Background Checks section.
Pursuant to section 35-47-2-7(a), a person may not sell, give, or in any other manner transfer the ownership or possession of a handgun or assault weapon to any person under age 18, except an individual acting within a parent-minor child or guardian-minor protected person relationship, or any other individual who is also acting in compliance with section 35-47-10 (provisions relating to children and firearms).
Under section 35-47-2-7(b), it is unlawful for a person to sell, give, or in any manner transfer the ownership or possession of a handgun to another individual who the person has reasonable cause to believe:

• Has been convicted of a felony or adjudicated a delinquent child for an act that would be a felony if committed by an adult, if the person seeking to obtain ownership or possession of the handgun is less than 23 years of age;
• Is a drug abuser;
• Is an alcohol abuser; or
• Is mentally incompetent.

Section 35-47-2.5-14(b) provides that a person is criminally liable for a Class D felony if he or she purchases a handgun with the intent to:

• Resell or otherwise transfer the handgun to another person who the transferor knows or has reason to believe is ineligible for any reason to purchase or otherwise receive a handgun; or
• Transport the handgun out of the state to be resold or otherwise provided to another person who the transferor knows is ineligible to purchase or otherwise receive a firearm.

If a violation of section 35-47-2.5-14 involves a transfer of more than one handgun, the offense rises to a Class C felony. Section 35-47-2.5-14(c).
Any person who sells, barters, gives, or delivers any deadly weapon to any person in a state of intoxication, knowing him or her to be in a state of intoxication, or to any person who is in the habit of becoming intoxicated, and knowing him or her to be a person who is in the habit of becoming intoxicated, commits a Class B misdemeanor. Section 35-47-4-1.
Although section 35-47-2.5-1 specifically excludes Indiana residents licensed to carry handguns from the handgun sales requirements of Chapter 35-47-2.5, the Indiana State Police have stated that this statute became inoperative on October 1, 2003, when Indiana licenses to carry a handgun ceased being an alternative to background checks under the federal Brady Act. See the Indiana Carrying Firearms section.
The Indiana Code does not address the private sale of rifles or shotguns.

[SavageEagle]

Oh, i'm not sure if this is an Anti-gun site, but all the information is correct from what I can see in IN state law.

[esrice]

If you wanted to, you could walk up to somone and hand them a computer, they hand you a handgun, and then you both turn around and walk away.

However, most people want more protection than that. It varies, but here are the 3 most common ways of transference.

1. Write up a simple "bill of sale" that includes things like Name, Address, Phone#, Serial#, Make, Model, etc. Both parties sign and each gets a copy.

2. Require that the purchaser has a LTCH (permit). This will ensure that they are a "proper person". You can still use the "bill of sale" with this method.

3. Require that the transaction be done through a FFL. Most dealers will do the paperwork for a person-to-person transfer for $10-25. This is more hassle for both parties, but gives you an even greater level of protection.

Can anyone add to this??

[SavageEagle]

I suppose that I could wait until I get my license, but that doesn't help my unarmed situation until then. I have reason to believe that My girl's ex, at least one of them, may try to come after her to get his daughter that he no longer has rights to because of his severe drug and sexual issues. That's way I bought the Sigma in the first place besides the fact that I enjoy shooting and hunting and etc... But I suppose if I just have to wait for my appeal to come through then I have no choice although I pray nothing happens until then.

[esrice]

You don't HAVE to wait until you get your license. Its just that some people require it-- not everyone.

[SavageEagle]

oh i know, its just that i'm sure most people will require that. Or at least going through an FFL. Which normally i wouldn't mind, but like I said, if I have to wait, I have to wait. I just hope I don't have to. Like I said, I'm trying to get something for my fiancee not me this time.

[bwframe]

Tom Gresham the Guntalk guy, says he requires a drivers license that he will make a photocopy of and turn into a sales record that they will sign. I like that plan.

[abnk]

Originally Posted by SavageEagle

oh i know, its just that i'm sure most people will require that. Or at least going through an FFL. Which normally i wouldn't mind, but like I said, if I have to wait, I have to wait. I just hope I don't have to. Like I said, I'm trying to get something for my fiancee not me this time.

Brother, don't be so sure of that. I have never encountered anyone who requested to see my LCH nor have I requested that anyone show me theirs. If presentation of the LCH or a Bill of Sale was required, I would most likely not do the deal just for a matter of principle.

That said, I have always verified that the person was an IN resident as required by law. Having an LCH does not indicate a "proper person", just maybe a higher chance of this person being "proper".

[Sailor]

SE, am I understanding that you have no weapon currently and feel you may have a problem with her ex?

If so, borrow or beg for a friend or relative to give you one, or buy a cheap highpoint for $130. They are heavy, ugly, but reports say they go bang reliably. (I dont have first hand knowledge of this)

[SavageEagle]

Don't have any friends, father won't let me drive his car or have a key to his house let alone his Sig or Ruger 357. And I would buy one outright if someone would buy my computers and components. LOL I'm not just up that creek without a paddle but hey, I'm making due! No, what money I've been making goes to my bills and diapers etc. This is what I have extra sitting around. Unless someone would be willing to trade my Audiovox/UTStarcom XV6700 PDA phone for Verizon. Really don't want to trade it off, but if it means protecting my family.....