Oh Craigslist, You Amuse Me So!

[cmom]

I had a similar gun in my night stand. We had a guest from up north and thought the guy was a friend. One day when I came home from work, the gun and some money I had in the night stand along with the guest were gone. I did report the gun as stolen because it was registered to me. Another friend in another state who knew our guest had an encounter with our friend who sold the gun to our friend. By chance we had a conversation with our friend and told him that the gun had been stolen from us by the guest and we had reported it as stolen. Later we had heard again from our friend and he said he had taken the gun out and threw it in the ocean several miles out. We were told by the police that if the guest had used the gun in a crime we would have been held responsible because the gun was registered to us. Just thought I'd pass on what had happened to us. About a year later the guest died, we got a call from our friend.

 

[MeepBeep]

The seller does not have to cross the state line. If the buyer does then both have still committed a federal crime. They only have to prove each party knew or should have known the crime was taking place. The ad clearly states that he not only knows a out of state buyer may cross the state line but is actually asking them too. That is an easy conviction for gun trafficking.

Not entirely true, as I said without all the facts you are jumping to conclusions and speculating an outcome that would be illegal, while ignoring potential legal outcomes... Sure speculation is strong that the guy isn't following the law, but as I said the ad in itself is not illegal, until he actually violates the law with the sale/transfer you only have speculation that a crime might happen not a crime...

For example if an FFL did the trade it would be legal if done properly, as an FFL can travel to any state and physically take delivery of firearms as long as he/she immediately enters them into his/her bound book before going back across State lines, FFLs do not have to ship firearms back to their home state they can take possession anywhere as they are exempt under the law... But, the same is no true for sales, the FFL can only sell from their place of business or with some restrictions a temporary place of business like an out of state gun show...

http://www.law.cornell.edu/uscode/text/18/922

(a) It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

Notice the exception to 18 U.S. Code § 922 for FFLs

Or the guy might find an AL resident vacationing in FL with family that could legally take possession of the firearm when they returned to AL...

 

[rebelcowboysnb]

Sorry Reb, but I just can't resist......a federal felony? as opposed to, what, a local felony?

Either way, we still can't find ammo for it around here....

Actually yes. A Felony is any crime punishable by a year or more in jail. Murder is a felony but is tried in a local court. Gun trafficking is only a crime cause it crossed a state line. That makes it a federal crime that will be tried in a federal court. Federal courts have something like a 98% conviction rate. Way higher than local courts.

 

[rebelcowboysnb]

We were told by the police that if the guest had used the gun in a crime we would have been held responsible because the gun was registered to us.

No. You reported it stolen. You are no longer responsible for what a criminal does with it? An it was not registered to you. It is actually a crime for anyone in the state to keep a registry.

http://flsenate.gov/Laws/Statutes/2013/790.335
Quote:

 

[rebelcowboysnb]

Not entirely true, as I said without all the facts you are jumping to conclusions and speculating an outcome that would be illegal, while ignoring potential legal outcomes... Sure speculation is strong that the guy isn't following the law, but as I said the ad in itself is not illegal, until he actually violates the law with the sale/transfer you only have speculation that a crime might happen not a crime...

For example if an FFL did the trade it would be legal if done properly, as an FFL can travel to any state and physically take delivery of firearms as long as he/she immediately enters them into his/her bound book before going back across State lines, FFLs do not have to ship firearms back to their home state they can take possession anywhere as they are exempt under the law... But, the same is no true for sales, the FFL can only sell from their place of business or with some restrictions a temporary place of business like an out of state gun show...

http://www.law.cornell.edu/uscode/text/18/922

(a) It shall be unlawful—
(1) for any person—
(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

Notice the exception to 18 U.S. Code § 922 for FFLs

Or the guy might find an AL resident vacationing in FL with family that could legally take possession of the firearm when they returned to AL...

If a FFL bought the gun him self that would be legal but not likely. The two towns in question are 5 miles apart. For him to sell a gun to someone in the state he could carry it across the state line his self an have a FFL in the buyers state do the transfer or an FFL could drive over an pick it up. But the ad states that he wants the buyer to drive the 5 miles across the state line an pick it up him self. That shows clear intent. You can be charged with solicitation of a crime. I have no idea if a fed would on just that ad but I do know that if they did, no jury is going to buy that line that he was looking for a FFL to buy it on a public FB group.

As anti gun this administration is I would not bet my life that they would not charge someone over just that ad.

 

[MeepBeep]

no jury is going to buy that line that he was looking for a FFL to buy it on a public FB group.

Why not, it's a perfectly legit outcome? That is why the ATF would set up a sting and catch them in the act of transferring where they know the charges will hold, they really don't waste resources on just an ad as it's flimsy at best... There are also a lot of FFLs out there, and although I don't have the exact manufacture date for that pistol it very might even be C&R eligible not that it's worth anything to a collector, as it's a $25 pistol at best, not even worth the 5 mile drive... I do know for a fact there are a lot of C&R FFLs (like myself) out there that buy,sell and trade on public forums since it saves a lot of hassle/money since we can cut out the middle man and can ship direct or pick up...

 

[Teila]

Unsubscribing.

At the risk of being labelled a whinger, I am unsubscribing from this thread. What used to be a fun thread to read (at the risk of spluttering the morning coffee on the monitor) has become more of an analytical forum and totally lacking in a sense of humour.

 

[Bunnylady]

FREE 6 Foot Real Christmas Tree (2400 Oban Court)

​

Off Gordon Road, Alamosa Place. There is a 6 foot real Christmas tree free. Scroogette didn't want to put up a tree. Hopefully someone will be able to have use for it.

• do NOT contact me with unsolicited services or offers

I've got the perfect gift for this couple - marriage counselling.

 

[N F C]

 

[coop-er]

[COLOR=990002] FREE 6 Foot Real Christmas Tree (2400 Oban Court)[/COLOR]

​

Off Gordon Road, Alamosa Place. There is a 6 foot real Christmas tree free. Scroogette didn't want to put up a tree. Hopefully someone will be able to have use for it.

• do NOT contact me with unsolicited services or offers

I've got the perfect gift for this couple - marriage counselling.

I would keep the tree and leave the husband on the curb......