It's up to you to know your local laws.
We see that on many auctions. Question is is that a get out of jail card? What responsibility does the seller have to know the law as it pertains to a customer? I am well aware of how many individual laws are possible in the USA, knowing even a small fraction of them is pretty much impossible.
I recall a story a while back where Cali went after people selling some forbidden thing civilly, with bad results.
Thoughts? Any lawyers out there?
I recall a story a while back where Cali went after people selling some forbidden thing civilly, with bad results.
Thoughts? Any lawyers out there?
0
-
You bid and win my rifle. I ship to your FFL. Your FFL calls and tells you're a dummy- that rifle is illegal in your state. He will not transfer it to you. Now you are upset with me- you want me to return your payment, your shipping (both ways) and any fee your FFL charged you.
Your FFL was right.0 -
What chme said. 0 -
I got one ending in a day with disclaimers in description as to where not shipping noob with a handle that looks like problem 0 -
That's been a problem lately and the auction side is sorting things out. That's what I was told by someone who called me live,.!mac10 said:I got one ending in a day with disclaimers in description as to where not shipping noob with a handle that looks like problem0 -
30 round mag. No ffls in sight. I have no idea where these things are legal.
Florida banned Dragons Breath, Bolo rounds and some other stuff that I cant remember. No ffls anywhere.
Come municipalities have banned nunchucks. Tear gas can be restricted based on amount in the container.
A trommel mag is, presumably illegal in Cali. Where else? The fact that it is old and valuble has no bearing.
Point is that FFL's are a special case and do not represent a problem, it is everything else.0 -
Each state has its own distinct laws. Be glad you are in FL instead of CA, NY or NJEdinFla said:30 round mag. No ffls in sight. I have no idea where these things are legal.
Florida banned Dragons Breath, Bolo rounds and some other stuff that I cant remember. No ffls anywhere.
Come municipalities have banned nunchucks. Tear gas can be restricted based on amount in the container.
A trommel mag is, presumably illegal in Cali. Where else? The fact that it is old and valuble has no bearing.
Point is that FFL's are a special case and do not represent a problem, it is everything else.
0 -
The seller is selling a legal product in his or her state. It is incumbent upon the buyer to know the laws they live under and accept the consequences for buying something online that is not legal to possess or purchase. Unfortunately way too many states can't read the US Constitution, ignoring and trampling citizens rights, all in the name of saving the chillren. 0 -
Bidders enter into a binding contract. Everything stated in the auction prior to when that bid was placed is part of that contract.
Sellers who ship a locally prohibited item directly to a winning bidder in another state are probably safe from prosecution. While it might be possible to get a warrant against someone in another state, it seems unlikely to actually happen. Civil suit might be another matter, if, for example, a seller shipped a (non-firearm) weapon to a minor.
Sellers who deliver prohibited items in their own state would likely be held accountable.
Did your California example involve CA trying to prosecute people in another state?
0 -
I agree that bidders bear the responsibility of knowing their own laws, a seller CANNOT possibly know all the laws of every state and municipality out there. 3 -
I thought Nunchuka's were pretty much illegal everywhere for years. I used to practice with them for hours a week. Currently own two pair. Don't get caught with one out and about.
0 -
shootuadeal said:I agree that bidders bear the responsibility of knowing their own laws, a seller CANNOT possibly know all the laws of every state and municipality out there.
This0 -
FL is one of the states where you should know the answer if you are a resident: counties can have their own firearms regulations, especially regarding handguns.
FFL holders have no excuse: they are given a copy of State Laws & Ordinances - Firearms (ATF P5300.5); some states/localities have firearms laws that are impossible to understand. Boiler plate in a listing is never a get out of jail free card; it is just a warning to the buyer that he better be sure that a gun on which he wants to bid can be legally transferred to him. Chme is right; a mistake in bidding can cost you a lot of money if you don't check with your dealer before you bid on a firearm in another state.What about firearms "accessories"? Like magazines? Is the seller bound by the law in the buyers state? Federal law says that with firearms, it is unlawful for a resident of another state to violate your state's firearms laws; but it says nothing about accessories. I have been looking for a court case for many years, but no state has every made an issue of this. (NY's Bloomberg attempted a interstate "sting", but no LEA was interested in getting mixed up with him.)We have no lawyers here. More accurate to say that if we do, they've never admitted it.Neal
0 -
"We have no lawyers here. More accurate to say that if we do, they've never admitted it."
I'm quite certain that we did have a legal beagle member at one time. His handle is on the tip of my tongue but can't spit it out. Perhaps Mateo?0 -
Earl was a lawyer. 0 -
Yes, Mateo, and Earl and Plains Scout too. 0 -
Earl was a disbarred lawyer, Mateomasfeo is still an attorney, but got so much grief here for being one that he moved on. 0
Please sign in to leave a comment.
Comments
18 comments