Making a person sign a waiver before selling them a gun?

[Justin]

Every so often you see a story pop up where some poor slob gets sued because he sold a gun to someone who then used it in a crime, or sold it to a criminal.

If you were selling a gun to a stranger, would it be a prudent idea to make them sign a waiver stating that by buying the weapon they clear you of any responsibility resulting from its deliberate or negligent misuse?

 

[Spot77]

Well....here in Maryland a private transfer of a handgun still has to go through the State Police, complete with background check and seven day waiting period.

Though people can and will sue for anything, I hope that this procedure would offer some protection.....

 

[Lone_Gunman]

Would such a waiver carry much weight from a legal standpoint?

 

[Tim Burke]

If you could get a valid waiver from the purchaser of the gun, he can only waive his rights. If he then uses that gun on someone else, the victim could still sue you. The fact that the criminal had waived his right to sue you wouldn't matter.

 

[Standing Wolf]

If you were selling a gun to a stranger, would it be a prudent idea to make them sign a waiver stating that by buying the weapon they clear you of any responsibility resulting from its deliberate or negligent misuse?

I can't imagine it would cause any harm; conversely, I'm inclined to concur with Tim Burke. The buyer's victim could conceivably take the seller to court on a claim that he should have known the buyer was a criminal.

Should I have known? Shouldn't I? Frankly, I think it's such a murky issue, there's probably no definite law or set of rulings.

That saidâ„¢, I did sell some firearms to a criminal. He was on parole. He paid me with a rubber check. I eventually got the firearms back, but he's one of the reasons I haven't sold a gun since: I've become risk-averse. If I were to sell a gun, I'd probably insist on cash and go through a dealer.

 

[Hkmp5sd]

Just out of curiosity, are there any cases where the court ruled in favor of someone suing an individual that legally sold a firearm in a private transaction and that firearm was later used in a crime?

The federal law spells out exactly what is necessary for legal private party transfers. Seems that if the seller followed the law, there would be little grounds for a lawsuit.

 

[jimpeel]

Here in small town America, I was talking to the local police chief and he told me that if I sold one of my firearms to a private party I should have them sign an affidavit that they are not a felon, not under a restraining order nor had they been convicted of a crime of domestic violence. He said that I didn't have to do so but for my own protection, I should do so should the thing later be used for nafarious purposes.

 

[TheBluesMan]

I bought a shotgun from an 18 y.o. guy at a gunshow about a year ago. His mom was with him I think just to be sure that her son wasn't doing anything illegal. Neither of them seemed to know the law real well.

I voluntarily printed up the following on a sheet of paper and signed it for them. They seemed very relieved and impressed that I, as a buyer, was concerned with their possible liability in selling a firearm to a complete stranger.

I took each of these statements from the Ohio Revised Code.

I hereby certify that all the statements below are true.


I am not a fugitive from justice.

I am not under indictment for, nor have I ever been indicted for, any felony offense of violence.

I am not under indictment for, nor have I ever been convicted of, any offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.

I am not drug dependent, in danger of drug dependence, nor am I a chronic alcoholic.

I am not under adjudication of mental incompetence.

I am not currently under the influence of alcohol or any drug of abuse.

Check your state and local laws and write up a similar statement. I'd be surprised if somebody buying a gun would have a problem with signing such a statement for the seller.