I don't understand how many here insist that selling a gun should be without any ID or record.
Many (perhaps even MOST) do not feel that the federally-imposed record-keeping and licensed dealer system (thanks to GCA-'68) is Constitutional or just. That what one does with one's private property is solely at the discretion of the owner, with no need for any other entity's (especially a government agency's) involvement.
While we have no real choice about buying NEW guns, or buying guns from residents of other states (which must go through an FFL) we -- in most places -- DO have the choice to buy, sell, and trade
used firearms (at least with residents of our own state) without reporting to "the man" or asking anyone's permission.
For those freedom-loving types, buying and selling firearms without creating "paper trails" is a very cherished thing. Some completely law-abiding people who've posted here before will NOT participate in a private party sale if there are ANY restrictions or demands placed on that sale beyond, "
Here's your money -- Here's your gun -- Have a nice day."
Who here would sell their car to a stranger without a bill of sale and writing down the other's DL info?
A lot of red tape surrounds a car sale. Title (there is no certificate of title for a gun), state registration (most places don't have that for guns), insurance (no one has that to operate a gun), tags (ditto), and so forth. All of these things can cause you annoying headaches if you transfer a motor vehicle without getting all your paper ducks in a row. It is HIGHLY important to many firearms owners that guns don't now -- and NEVER do -- get saddled with that kind of red tape baggage.
It is not fun when the cops knock on your door when your car was in used in a crime or just in an accident and you are still the owner on record.
No fun? Really don't see this old saw as any kind of a worry. No one can be convicted of a crime simply because they once owned an object. If you DIDN'T commit the crime, and weren't even present in the area where it was committed, all the cops can do is ask a question or two and then bid you adieu.
IF a gun you sold (lawfully) later turns up at a crime scene, here's what can happen:
1) The police can contact the manufacturer and ask when, and to what dealer, that gun with that serial number was shipped.
2) They can contact that dealer and ask him to dredge up his paper 4473 records of who he sold that gun to. If the initial sale was prior to 1968, there were no records and
the trail goes cold right there.
3) If the initial sale was over 20 years ago, he may lawfully have disposed of those records and
the trail goes cold right there.
4) If he does have a record of initial sale, the police can contact the individual who first purchased that gun. If that person has moved out of state and/or cannot be located,
the trail goes cold right there.
5) If the initial purchaser can be found, they can ask if he still owns the gun. If not, who did he sell it to? If he does not remember or never asked for the buyer's name,
the trail goes cold right there.
6) If he does know who he sold it to, they can try to find that person. If they cannot locate the second buyer by the name the initial purchaser gives,
the trail goes cold right there.
7) If they can find that buyer, they can ask if he still owns it, or if he knows who he sold it to. If he does not have a name for them,
the trail goes cold right there.
...and so on down the line.
Notice a recurring theme there?
And, again, even if they 'trace' the gun and it leads all the way down the path to you, all you have to do is say, "
I sold it to Jim Bob..." or "
I didn't get a name..." and that's IT. Unless they have some evidence that you actually perpetrated the crime they're investigating you are at no risk at all.
