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Am I legally allowed to sell this item?

soojay
Hi there,

So I would like to sell a non-firing replica blank gun, an Ekol & Voltran 92F Beretta, with a magazine, case etc. The orange plug is lost, so on the suggestion of experts I have taped the barrel end orange. But I was looking at shipping regulations and it says that parts with serial numbers should be shipped to an FFL. Well, this blank gun has a serial number. However, I bought it through gunbroker and it was shipped directly to me. So am I allowed to post this for sale and ship it straight to the winning bidder? I don;t want to do jail time over this. Thanks experts.
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Comments

10 comments

Date Votes
  • mark christian
    No reason that you cannot list it for sale and since it is not a firearm no FFL is required. Keep in mind that many states and localities have very strict regulations on blank firing replicas, as well as any replica firearms, so don't just assume that you can ship it anywhere.
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  • soojay
    Thanks Mark. Is there a way I can find out what the regulations are for the states with regard to shipping a blank gun?
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  • mark christian
    I have to tell you that it is a full time job just keep up with the current state and federal laws on firearms, much less the countless regulations on toys, replicas and BB guns. Your best bet it to add a disclaimer to your auction listing saying that it can only be shipped to areas where it is legal and that it is the responsibility of the buyer to know his state and local laws. Have the buyer add a signed statement that the thing is legal where he lives becauseif he won't do that then chances are very good he knows that he should not have it!
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  • soojay
    Great, that's so helpful. Thanks again Mark.
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  • soojay
    By the way, I got pulled over for speeding on the way to the photoshoot, and this gun was in the front seat of my car. The officer who pulled me over had his hand on his gun as soon as he saw it. As I say, the orange plug was removed for the shoot. There were 2 other police officers on the scene in minutes, I had to keep my hands on the wheel at all times, they disassembled it in front of me and grilled me on it for ages. Needless to say, when they finally let me go with a warning, I wanted this thing as far away from me as possible. And I live in Colorado, which has more relaxed gun laws that other states. Never been so terrified, the cop was pretty cool with me but said people have been shot due to realistic blanks like this one.
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  • Wolf.
    quote:Originally posted by soojay
    By the way, I got pulled over for speeding on the way to the photoshoot, and this gun was in the front seat of my car. The officer who pulled me over had his hand on his gun as soon as he saw it. As I say, the orange plug was removed for the shoot. There were 2 other police officers on the scene in minutes, I had to keep my hands on the wheel at all times, they disassembled it in front of me and grilled me on it for ages. Needless to say, when they finally let me go with a warning, I wanted this thing as far away from me as possible. And I live in Colorado, which has more relaxed gun laws that other states. Never been so terrified, the cop was pretty cool with me but said people have been shot due to realistic blanks like this one.

    Honestly, I wouldn't give this incident any merit as anything other than an overblown annoyance. This was not a big deal, but your mistake was in not covering the thing with a bag or a jacket. Don't worry about it.

    It wasn't the inanimate object that caused the issue (these things do not prowl the house at night, getting into mischief), it was today's drama-queen, politically correct society and your failure to take that into consideration.
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  • 32 Magnum
    Take a look at how many police officers have been shot and wounded or killed during traffic stops over the past 10 years. There was a PA State Trooper killed about a month ago.
    Having what looks like a functional firearm on the seat of your car will bring a bit of dread into the mind of ANY rational officer. They want to get home to their families or go to the bar after work just like the rest of us.
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  • soojay
    It was absolutely my fault and I took full responsibility at the time. The officers said I was very calm (even though I was screaming inside) and my behavior, and the way I talked to them, gave them no reason to think I was a bad guy. But he did say that the sight of any gun, when not announced, is reason to cause alarm. Cops are shot all the time at routine traffic stops, so I felt like a real [edit] for having it uncovered on the seat next to me. Live and learn.
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  • RogueStatesman
    This statement bothers me. Why are you afraid of guns??


    quote:Originally posted by soojay
    By the way, I got pulled over for speeding on the way to the photoshoot, and this gun was in the front seat of my car. The officer who pulled me over had his hand on his gun as soon as he saw it. As I say, the orange plug was removed for the shoot. There were 2 other police officers on the scene in minutes, I had to keep my hands on the wheel at all times, they disassembled it in front of me and grilled me on it for ages. Needless to say, when they finally let me go with a warning, I wanted this thing as far away from me as possible. And I live in Colorado, which has more relaxed gun laws that other states. Never been so terrified, the cop was pretty cool with me but said people have been shot due to realistic blanks like this one.
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  • mark christian
    We have now gone way off the original topic. The Gun Rights forum is the proper venue for this type of discussion. Let's also keep our language the same that can be used on broadcast TV.
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