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Private Sale Revisited - long

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  • ftully
    The enclosed Word file contains the formatted file. I recommend opening it. The following text is for those who can not download the file or who prefer plain
    Message 1 of 1 , Sep 30, 2003
      The enclosed Word file contains the formatted file. I recommend opening it.

      The following text is for those who can not download the file or who prefer
      plain text.


      A few years ago, I started a web site called www.privategunsale.com because
      I was upset with some newspaper agencies and radio stations that refused to
      run gun ads.

      The site allowed private parties to run free, anonymous firearm ads online
      with unlimited copy and pictures. I categorized ads by state, and also
      posted the Federal Laws and State laws showing that these transactions were
      perfectly legal.

      I maintained then, as I do today, that buying guns from an FFL is a huge
      mistake. When one buys a gun from a licensed FFL, they are required to fill
      out paperwork, undergo a background check, and in some cases, get
      fingerprints, and endure a waiting period. I’m sorry, but ALL of those steps
      are infringements on our right to keep and bear arms.

      Congress reluctantly agreed to allow background checks provided that all
      records from these checks would be destroyed within 48 hours and that no
      government agency would use the records to create a national database.
      Considering that the state of Illinois is now using these records to
      confiscate legally purchased guns, I think we can all agree that those
      records are not destroyed, and that they never intended to destroy them.
      Instead, a national database of firearms owners exists today. If you are not
      concerned about the government having a national database of firearm owners,
      turn off your computer and go back and watch your “Friends” reruns and keep
      telling yourself that the government is our friend. No, on second thought,
      go take a bath with your blow dryer so that you don’t continue to help those
      who would infringe on our rights.

      The passage of the USA PATRIOT Act has given us even more reasons to never
      purchase firearms from an FFL. The USAPA allows jackbooted ninjas to demand
      all business records from any business and prohibits the business owner from
      telling anyone of their investigation. Of course, the USAPA also allows
      government agents to go into ANY home or business for 30 days and plant
      surveillance equipment including (but not limited to) key stroke monitors,
      hidden cameras, and listening devices. This can be done without a warrant,
      and without ever notifying the property owners. This is called the sneak and
      peak provision. Prior to the passage of the USAPA, our homes and privacy was
      protected under the 4th amendment.

      Still not convinced that a private gun sale is the way to go? Did you know
      that once you buy a gun from a dealer, you are responsible for registering
      it (again) if the law decides that the gun appears to be too scary looking?
      Failure to register these guns will lead to confiscation without

      In addition to the hundreds of used guns, the web site had dozens of NEW
      guns for sale for a discount compared to the same guns purchased at large
      retail gun shops.

      Now I realize that there are a number of collectors out that that want a
      particular rifle the minute that the factory offers it. Obviously, they
      could care less about the database. Their primary interest is as an
      investment. However, there are others out there that want guns for more
      practical reasons: self defense, for hunting, and in the event that their
      guns will be needed to stop a tyrannical government. If these are your
      reasons, consider a private gun sale.

      The other reason I prefer private gun sales to sales through an FFL, is that
      I have the power to deny a sale to someone I don’t like or don’t trust. When
      someone goes to an FFL, in most cases the dealer must sell the gun to the
      customer provided that the background check doesn't’t flag the individual as
      “a risk”.

      Plain and simple – the process required to purchase a gun from an FFL is
      registration. If you don’t approve of gun registration, stop supporting it.
      It is my hope that citizens will trade, or sell all of their “registered”
      guns to someone else, and then you buy some “unregistered guns” from a
      private party in your state. Of course, it is always possible that their
      registered guns are stolen from their homes, and this would also remove
      their name from the national database.

      Private Gun Sale
      A Constitution in Tatters, a Country in Distress

      Speaking up for the 2nd Amendment shouldn't be politically incorrect!
      Anonymous private firearm ads
      Click here to learn Why the Flag is Upside down?
      I have spoken with Constitutional attorneys, checked state laws, and even
      checked the BATF rules. Private gun sales are legal! However, I still urge
      you to check the laws in your state, for yourself. I have created a Gun Laws
      page with federal regulations that apply to private party gun sales. Current
      gun laws for your state.
      The 2nd Amendment is essential to insure the freedom of our country. Current
      laws, including the instant background check, are not consistent with the
      Constitution of the United States - It is gun registration. See what Chicago
      is doing with this information - link.
      Every country that has ever implemented gun registration has declared that
      the information will not be used to confiscate guns. Yet, every single
      country has used that information to confiscate guns - including the United
      States. In fact, it is going on in California, Chicago, Washington DC, New
      Jersey, Massachusetts and New York City right now. This list will continue
      to grow until we get rid of politicians who have no regard for our
      constitution, or our rights.
      Today, there are over 20,000 unconstitutional gun laws on the books. It is
      time to get rid of politicians who refuse to repeal unconstitutional laws.
      Call them today and tell them why you will be voting against them. Vote them
      out of office - I vote Libertarian!
      Our Mission
      To help US Citizens legally purchase and sell personal firearms while
      maintaining their privacy. This site is designed to help you find private
      parties in your own state to buy from and sell to. We have created a forum
      for those wishing to sell a firearm to a US citizen in their own state.
      If you think this site is important or useful and would like to help support
      it, you can help by sending us a $3 donation.
      Enjoy the site, spread the word, and let’s work towards liberty in our
      lifetime. - Web
      You Have Two Options for Legally Buying a Gun Today:
      1. Go to a gun dealer who is registered with the Federal Government as an
      arms dealer. If you do this, the dealers are required to have you REGISTER
      with the FBI via the Instant Background Check. They are required to keep
      records of you and of the transaction, which can be obtained by Federal
      officers anytime they wish. Call it what you want - it is registering!
      2. OR - Your second option is to purchase a gun from a Private party. This
      is still legal in most states. It is legal to purchase a firearm from a
      private party for your personal use without registering the transaction with
      your local, state, or federal government. You do not have to complete any
      paper work. You do NOT have to register with any agency that may wish to
      confiscate your guns in the future. It is my opinion that everyone should
      purchase guns this way.
      Click here to Find out the law for your state.
      Laws and Rules for private parties, from the BATF Website.
      (B1) To whom may an unlicensed person transfer firearms under the GCA?
      A person may sell a firearm to an unlicensed resident of his State, if the
      buyer is not prohibited by law from receiving or possessing a firearm, or to
      a licensee in any State. A firearm other than a curio or relic may not be
      transferred interstate to a licensed collector.
      [18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
      (B2) From whom may an unlicensed person acquire a firearm under the GCA?
      A person may only buy a firearm within his own State except that he may buy
      a rifle or shotgun, in person, at a licensee's premises in any State,
      provided the sale complies with State laws applicable in the State of sale
      and the State where the purchaser resides.
      [18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
      (B3) May an unlicensed person obtain a firearm from an out-of-State source
      if he arranges to obtain the firearm through a licensed dealer in his own
      A person not licensed under the GCA and not prohibited from acquiring
      firearms may order a firearm from an out-of-State source and obtain the
      firearm if an arrangement is made with a licensed dealer in the purchaser's
      State of residence for the purchaser to obtain the firearm from the dealer.
      [18 U.S.C 922(a)(3) and (5), 922(b)(3), 27 CFR 178.29]
      (B4) May an unlicensed person obtain ammunition from an out-of-State source?
      Yes, provided he is not a person prohibited from receiving firearms and
      [18 U.S.C. 922(g) and (n)]
      (B5) Are there certain persons who can't legally receive or possess
      Yes, a person who -
      (1) Is under indictment for, or has been convicted in any court of, a crime
      punishable by imprisonment for a term exceeding one year;
      (2) Is a fugitive from justice;
      (3) Is an unlawful user of or addicted to any controlled substance;
      (4) Has been adjudicated as a mental defective or has been committed to a
      mental institution;
      (5) Is an alien illegally or unlawfully in the United States;
      (6) Has been discharged from the Armed Forces under dishonorable conditions;
      (7) Having been a citizen of the United States, has renounced his
      citizenship; or
      (8) Is subject to a court order that restrain the person from harassing,
      stalking, or threatening an intimate partner or child of such intimate
      cannot lawfully receive, possess, ship, or transport a firearm.
      [18 U.S.C. 922(g), 27 CFR 178.32]
      (B6) Do law enforcement officers who are subject to restraining orders and
      who receive and possess firearms for purposes of carrying out their official
      duties violate the law?
      Not if the firearms are received and possessed for official use only. The
      law prohibits persons subject to certain restraining orders from receiving,
      shipping, transporting or possessing firearms or ammunition. To be
      disabling, the restraining order must:
      1. specifically restrain the person from harassing, stalking, or threatening
      an "intimate partner" of the person (e.g., spouse);
      2. be issued after a hearing of which notice was given to the person and at
      which the person had an opportunity to participate; and
      3. include a finding that the person subject to the order represents a
      credible threat to the "intimate partner" or child of the "intimate partner"
      OR explicitly prohibit the use, attempted use, or threatened use of force
      against the partner.
      However, the GCA has an exception for the receipt and possession of firearms
      and ammunition on behalf of a Federal or State agency. Therefore, the GCA
      does not prohibit a law enforcement officer under a restraining order from
      receiving or possessing a firearms or ammunition for use in performing
      official duties. Possession of the firearm off duty would be lawful if such
      possession is required by his department. An officer subject to a disabling
      restraining order would violate the law if the officer received or possessed
      a firearm or ammunition for other than official use.
      [18 U.S.C. 922(g)(8), 925(a)(1)]
      (B7) May a nonlicensee transport firearms interstate for sporting or other
      lawful purposes?
      Yes, provided the weapon is unloaded and in a locked trunk or, in a vehicle
      lacking a trunk, in a locked container other than the glove compartment or
      console. Also, the carrying and transportation must be lawful in the place
      of origin and destination.
      [18 U.S.C. 926A, 27 CFR 178.38]
      (B8) May a nonlicensee ship a firearm through the mails?
      A nonlicensee may mail a shotgun or rifle to a resident of his own State or
      to a licensee in any State. Handguns are not mailable. A common or contract
      carrier must be used to ship a handgun. A nonlicensee may not transfer a
      handgun to a non licensed resident of another State.
      The Postal Service recommends that long guns be sent by registered mail and
      that no marking of any kind which would indicate the nature of the contents
      be placed on the outside of any parcel containing firearms.
      A carrier must be notified that the shipment contains a firearm.
      In addition, Federal law prohibits common or contract carriers from
      requiring or causing any label to be placed on any package indicating that
      it contains a firearm.
      [18 U.S.C. 922(a)(2)(A) and 922(e), 27 CFR 178.31]
      (B9) May a nonlicensee ship firearms interstate for his use in hunting?
      Yes. A person may ship a firearm to himself in care of another person in the
      State where he intends to hunt. The package should be addressed to the
      owner. Persons other than the owner should not open the package and take
      possession of the firearm.
      (B10) May a person who is relocating out-of-State move firearms with other
      household goods?
      Yes. A person who lawfully possesses a firearm may transport or ship the
      firearm interstate when changing his State of residence.
      Certain NFA firearms must have prior approval from the Bureau of ATF, NFA
      Branch, Washington, DC 20226, before they may be moved interstate. The
      person must notify the mover that firearms are being transported. He should
      also check State and local laws where he is relocating to ensure that his
      movement of firearms into his new State does not violate any State law or
      local ordinance.
      [18 U.S.C. 922(a)(4), 27 CFR 178.28 and 178.31]
      (B11) What constitutes residency in a State?
      The State of residence is the State in which an individual regularly resides
      or maintains his home. A member of the Armed Forces on active duty is a
      resident of the State in which his permanent duty station is located. If a
      member of the Armed Forces maintains his home in one State and his permanent
      duty station is in a nearby State to which he commutes each day, then he may
      purchase a firearm in either the State where he is stationed or where he
      maintains his home.
      [18 U.S.C. 921(b) and 922(b)(3), 27 CFR 178.11]
      (B12) May a person who resides in one State and owns property in another
      State purchase a handgun in either State?
      If a person maintains a home in two States and resides in both States for
      certain periods of the year, he may, during the period of time he actually
      resides in a particular State, purchase a handgun in that State. But simply
      owning property in another State does not qualify the person to purchase a
      handgun in that State.
      (B13) May foreign visitors buy firearms?
      Yes, provided they meet certain requirements:
      (1) An alien who is in this country legally and has resided in a particular
      State for a period of a least 90 days is considered to be a resident of that
      State and able to purchase a firearm if he is not otherwise prohibited; or,
      (2) An alien who is in a State in which his embassy or consulate is located
      and who has been authorized in writing by the principal officer of the
      embassy or consulate to purchase a firearm, would be considered a resident
      of that State for purposes of purchasing a firearm within that State. The
      alien may also purchase a rifle or shotgun at licensed premises in another
      State if such purchase would be legal in the State where the embassy or
      consulate is located as well the State where the licensee is located. In
      addition, the alien should be cautioned that the firearm may not be exported
      without first complying with the provisions of the Arms Export Control Act.
      (See Item 5 under "General Information," Page 91.)
      [18 U.S.C. 921, 27 CFR 178.11]
      (B14) May a parent or guardian purchase firearms or ammunition as a gift for
      a juvenile (less than 18 years of age)?
      Yes. However, in the case of handguns, possession of handguns by juveniles
      (less than 18 years of age) is generally unlawful. Juveniles may only
      receive and posses handguns with the written permission of a parent or
      guardian for limited purposes, e.g., employment, ranching, farming, target
      practice or hunting.
      [18 U.S.C. 922(x)]
      (B15) Does curio or relic status affect the transfer of a firearm to a
      nonlicensee or possession by a nonlicensee?
      No. Curios or relics are still firearms subject to the provisions of the
      GCA; however, curio or relic firearms may be transferred in interstate
      commerce to licensed collectors or other licensees.
      Find out the current gun laws for your state.

      If you agree that private gun sales are important to the RKBA movement, you
      liked the above article and would like to see www.privategunsale.com
      re-established, send me $10.

      I have reserved the domain name www.privategunsale.us. If I can raise $200
      for this site, I will start the site up again. If I don’t raise $200 within
      30 days, I will send you back your money. In addition, I strongly suggest
      that anyone with a server who wants to establish “mirror sites” to do so. As
      before, all ads will be anonymous, but donations for items posted or sold
      would be appreciated and good way to see that the site continues.

      Sample Ad:

      09300101a - For Sale – Used Ruger .357 Mag Blackhawk revolver with leather
      holster. Excellent condition. Price includes holster and 100 rounds of ammo.
      Utah - $225

      Note: Since I started my site, one of the local TV/Radio programs in Utah
      have set up an online bulletin board that allows private gun sales. The site
      is excellent and if you live in Utah, I highly recommend it -
      Urge someone in your state to offer a similar bulletin board.

      For an excellent history of the assault on our gun rights, I suggest that
      you read “Unintended Consequences” by John Ross, and “How Governments Disarm
      Citizens: When Laws Replace Rights” by J.D. Hudson

      [Non-text portions of this message have been removed]
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