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#1681198 - 10/08/20 12:02 AM Legal Opinions about selling AR's without FFL Check.
toughtom12 Offline
Gun fool

Registered: 11/15/11
Posts: 942
Loc: Centreville/Manassas
City or County: Manassas
I was wondering why I don't see AR-15's listed for sale as "PSA complete upper for sale $600....I will throw in PSA complete lower as a free gift with the purchase of my upper!" This is technically a legal transaction as I understand the new law (assuming the upper is exchanged for the cash, and then the lower in a separate bag is gifted immediately after).....Or do you think you could still be prosecuted? Not trying to be a smart **VOTE IN NOVEMBER**, I'm just genuinely curious what others think.

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#1681202 - 10/08/20 12:19 AM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
DougN Offline
Certified Lurker

Registered: 01/03/13
Posts: 189
Loc: Midlothian, Virginia
City or County: Chesterfield
Intent, your intent was to get rid of the whole rifle. In the slim chance you did get off, you will have paid a few mortgage payments for a lawyers nice house. Some things just aren't worth trying.

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#1681217 - 10/08/20 05:54 AM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
Verylargeboots Offline
Professional FUDD Hater

Registered: 10/10/16
Posts: 728
Loc: VA
City or County: Lynchburg
If I am not mistaken, gifting only applies to immediate family and outside of that, the only option is through a FFL. I will try and find and post a supporting link sometime today
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Much like anonymous sex, internet based gun transactions are mildly risky, but almost always worth it.

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#1681239 - 10/08/20 08:32 AM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
TJ7 Offline
How much are the primers?

Registered: 03/09/19
Posts: 23
Loc: Va
City or County: Chesterfield
A gift means they are not aware before hand.
Vote!

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#1681282 - 10/08/20 10:38 AM Re: Legal Opinions about selling AR's without FFL Check. [Re: Verylargeboots]
VAMan Offline
Gun fool

Registered: 05/01/09
Posts: 1117
Loc: Central VA
City or County: Charlottesville
Originally Posted By: Verylargeboots
If I am not mistaken, gifting only applies to immediate family and outside of that, the only option is through a FFL. I will try and find and post a supporting link sometime today
that was originally how it was written, but the final law passed removed the family stipulations. So you're able to gift it to anyone in the same state.

However, I'm staying out of the discussion about the OP's scenario, because I'm not a lawyer.

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#1681333 - 10/08/20 02:29 PM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
toughtom12 Offline
Gun fool

Registered: 11/15/11
Posts: 942
Loc: Centreville/Manassas
City or County: Manassas
Thanks for the feedback. It's funny how politicians have loopholes like "I didn't take a bribe! That was a donation to my campaign." But normal folks can't ever get the benefit of the doubt.

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#1681337 - 10/08/20 02:38 PM Re: Legal Opinions about selling AR's without FFL Check. [Re: VAMan]
Verylargeboots Offline
Professional FUDD Hater

Registered: 10/10/16
Posts: 728
Loc: VA
City or County: Lynchburg
Originally Posted By: VAMan
Originally Posted By: Verylargeboots
If I am not mistaken, gifting only applies to immediate family and outside of that, the only option is through a FFL. I will try and find and post a supporting link sometime today
that was originally how it was written, but the final law passed removed the family stipulations. So you're able to gift it to anyone in the same state.

However, I'm staying out of the discussion about the OP's scenario, because I'm not a lawyer.



This! I have been unable to find any supporting or contradictory legislature so far. Hopefully someone more intelligent than myself will pick up the search and find us the legal answer.
_________________________
Much like anonymous sex, internet based gun transactions are mildly risky, but almost always worth it.

I'm not a surgeon, why? What's a little sepsis between friends?

Everyone takes a beating sometimes

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#1681434 - 10/08/20 08:03 PM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
rromeo Offline
Bullseye

Registered: 07/06/10
Posts: 1665
Loc: VA
City or County: Pulaski
I'm sure you can be prosecuted. Which side a jury sides with is another story. Can you convince the court That you made a gifting a firearm to somebody you don't know? That probably depends on where you are. If you're in Washington County, I'd bet you have a better chance of an acquittal than if you're in Manassas. You'd also likely have a lesser chance of being prosecuted in the first place.
_________________________
Never initiate force against another. But should someone do violence to you, retaliate without hesitation, without reservation, without quarter, until you are sure that he will never wish to harm - or never be capable of harming - you or yours again.

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#1681477 - 10/08/20 11:25 PM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
a_s Offline
Gun fool

Registered: 04/10/14
Posts: 1154
Loc: Richmond
City or County: Richmond
I think high priced lawyers are salivating for something like this. What you would likely get is a public defender that is going to have you plead out.

Throwing it in isn't a gift, it's part of the transaction and therefore you are selling a firearm.
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The Internet: Because experience is overrated and takes too much effort

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#1687897 - 10/29/20 10:20 AM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
Paratus Offline
Addicted

Registered: 05/17/09
Posts: 573
Loc: Virginia
City or County: Appomattox
You will only get away with it if you are a Democrat or engaged in the "peaceful" demonstrations. Other than those caveats, you may have a problem.

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#1693062 - 11/15/20 06:34 AM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
CaptK Offline
Single barrel

Registered: 12/14/11
Posts: 25
Loc: VA
City or County: Alexandria
You make an interesting point. I'm far from a legal expert and this is outside of my wheelhouse. The lawyer below is very pro 2A. I'm going to email him and see if he has any feedback. If he responds, I'll update the thread.

http://www.virginialawoffice.com/

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#1827512 - 11/25/21 05:40 PM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
JiveBunny Offline
Ω=Futile

Registered: 12/04/12
Posts: 509
Loc: North Carolina
City or County: Caldwell
No response from your 2A lawyer after a year? Or did you just not bother to post it?

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#1827546 - 11/25/21 07:51 PM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
shakeandbake72 Offline
Full Auto

Registered: 09/27/10
Posts: 1451
Loc: Virginia
City or County: Albemarle County
I think if caught by the right folks you would still be charged. You may beat it in court, but maybe not.

I think it’s a valid point though and I’ve seen it happen, just not posted here-that’s asking to get caught and the site put in jeopardy.

My guess is you would have more luck trying to prove that the AR lower wasn’t a firearm. That’s just my thoughts though, I’m no lawyer

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#1829078 - 11/30/21 02:07 PM Re: Legal Opinions about selling AR's without FFL Check. [Re: toughtom12]
Lucky7 Offline
Double barrel

Registered: 12/09/19
Posts: 56
Loc: Virginia
City or County: Richmond
My "LEGAL" advice..... Just don't get caught wink

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