Legal Opinions about selling AR's without FFL Check.

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.

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.

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

A gift means they are not aware before hand.
Vote!

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.

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.

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.

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.

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.

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.

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/

No response from your 2A lawyer after a year? Or did you just not bother to post it?

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

My "LEGAL" advice..... Just don't get caught