Is it illegal to purchase a gun....

Long story short...my friends dad has been indicted on some federal charges (illegal ginseng hunting and selling). He's probably going to be doing time and it sounds like the Feds or ATF are going to confiscate his guns. His dad wants to sell him the guns for like a $1 each so he doesn't lose them. Isn't that illegal? I know they are hunters so most of are probably hunting rifles and shotguns. I tried to google and go to the ATF site for this information but couldn't find what I was looking for. Trying to help him out and don't want him to get into any trouble if he buys them.

Thanks for any info you can provide.

It might be different in other states but it would be legal here in Arizona.

not sure what the rules are exactly.
But here's what I'd do..
Go to a local gun shop, ask the guy (unless he's a Walmart kid) what the rules say about that sort of thing,
OR take you're gun course, the teacher will know all about that type of thing.
Definately do all you can as they sound like heorlooms.
Good luck!

Short term i'd think selling them to a dealer etc would be the best choice before he's convicted as there would be a clear paper trail and then use the money for the son to buy their own weapons in their own name?

Originally posted by danneu89
It might be different in other states but it would be legal here in Arizona.

This is in Iowa by the way. Ya I figured that it could vary from state to state. The only reason I would have questioned this in the first place is with the ole Joe Paterno dealy where he sold his house to his wife for like $1 just prior to the whole Penn St. scandal.

in texas its legal just do a bill of sale and put on the serial numbers and you dont have to list the price it doesnt matter you can give them for free but where you live idk.. If you are gifting them rather then selling them I would think you would be better off.. If I were you I would get a small storage unit in whoever can legally own the guns the dad or whoever not in the guy going ot jails name..

Put all the guns in the storage locker or if you have a house that is a different location then the guy getting in trouble that is fine they just cant be left in his home...

Write up a paper that says he is giving each of the guns, list the model/serial number.. get it noterized.. Now they belong to whoever but not him...

That is assuming that is legal where you live and you don't have to register every purchase or sale through a dealer or the state. But I would assume if you GIVE rather then sell then it shouldn't matter.. Either way for now I would get them out of his house before the cops get them because you will never get them back since he can't legally have them anymore.

indicted, not convicted.

innocent until proven...

reply to post by HawkeyeNation


No it is not illegal. Long guns do not require registration so he does not even technically have to sell them to his son he can just give them to him. If there are any handguns depending on the state laws would have to be transferred into his name, but other than that he should be good to go. Hope this helps.

*As dc4lifeskater pointed out a notarized bill of sale or transfer would just solidify the sale/transfer of ownership to the son.

Originally posted by Maxatoria
Short term i'd think selling them to a dealer etc would be the best choice before he's convicted as there would be a clear paper trail and then use the money for the son to buy their own weapons in their own name?

This would work only if the dealer would give fair market value which I'm guessing they probably wouldn't. But like you said it would be less messy and if anything they might be able to buy back a few of the guns instead of risking either trouble or losing them all. Thanks for the advice.

Originally posted by bjax9er
indicted, not convicted.

innocent until proven...

Oh he's guilty...but that's not the issue at hand

Originally posted by HawkeyeNation

Originally posted by Maxatoria
Short term i'd think selling them to a dealer etc would be the best choice before he's convicted as there would be a clear paper trail and then use the money for the son to buy their own weapons in their own name?

This would work only if the dealer would give fair market value which I'm guessing they probably wouldn't. But like you said it would be less messy and if anything they might be able to buy back a few of the guns instead of risking either trouble or losing them all. Thanks for the advice.

The only way I would involve a dealer is if they were going to act as a transferring agent between the two parties. I would not involve a dealer beyond that simply because you will have a hard time finding a dealer that will not be looking to make a profit off of the situation.

Originally posted by dc4lifeskater
in texas its legal just do a bill of sale and put on the serial numbers and you dont have to list the price it doesnt matter you can give them for free but where you live idk.. If you are gifting them rather then selling them I would think you would be better off.. If I were you I would get a small storage unit in whoever can legally own the guns the dad or whoever not in the guy going ot jails name..

Put all the guns in the storage locker or if you have a house that is a different location then the guy getting in trouble that is fine they just cant be left in his home...

Write up a paper that says he is giving each of the guns, list the model/serial number.. get it noterized.. Now they belong to whoever but not him...

That is assuming that is legal where you live and you don't have to register every purchase or sale through a dealer or the state. But I would assume if you GIVE rather then sell then it shouldn't matter.. Either way for now I would get them out of his house before the cops get them because you will never get them back since he can't legally have them anymore.

Thanks for the information. Appreciate it.

Originally posted by SpaDe_
reply to post by HawkeyeNation

 

No it is not illegal. Long guns do not require registration so he does not even technically have to sell them to his son he can just give them to him. If there are any handguns depending on the state laws would have to be transferred into his name, but other than that he should be good to go. Hope this helps.

*As dc4lifeskater pointed out a notarized bill of sale or transfer would just solidify the sale/transfer of ownership to the son.

edit on 2/7/2013 by SpaDe_ because: (no reason given)

Thanks for the help as well.

Also is he facing felony charges? if not then he can keep the guns but either way I would get them out of the house until things are settled.. But unless he is getting a felony charge he can have all the guns he wants..

What was he doing exactly? you said he was picking ginsing or something and selling it, like the root, like herbal medicine?

Story

An Iowa man has been indicted on charges of buying and selling illegally obtained ginseng. The five-count indictment unsealed Wednesday by the U.S. Attorney's Office for the Southern District of Iowa says Jeffrey Alan Sargent used others to buy permits for ginseng harvesting. Sargent is accused of then buying the ginseng and reselling it for a profit.

reply to post by HawkeyeNation


Illegal Ginseng hunting and selling?????? A LEGAL plant and the man is a felon.....

Is it just me or does anyone else see the ridiculousness of a man being labeled a felon and put in prison for something like this????

Damn! I guess the US has become one of the most oppressive police states in the world, next to China....

Sargent is accused of then buying the ginseng and reselling it for a profit.

Ah, now it becomes clearer. A poor person trys to use capitalism to make a profit! He should have known that only Corporations are allowed to make profits.

reply to post by HawkeyeNation


jesus how stupid its not like its a drug.. sense when its ginseng federally regulated its a root... i hope he wins the case and sues everyone he can.

It's crazy. Ginseng hunting is regulated in Pennsylvania, complete with an open season that you must have a permit for.

On topic: Like some other posters said, I'd get rid of the guns to a relative or somebody close.

smh, ginseng hunting = felony.

Also one other thing that is not stated here is a lot of the ginseng they do harvest is obtained from illegal hunting of it. In other words they go onto private property without permission in most cases. So not sure if that is part of his legal troubles too or not.

Hi all,

Ginseng is only allowed to be harvested during the fall after the berries have fallen off. If it was allowed to be harvested any time the ginseng plant would soon fade out of existence.

It's really no different than animal poaching and he should be punished if found guilty, but I think jail time is a bit harsh. Some states add points on ones drivers license for illegal acts involving ginseng.


Sorry for being off topic.

www.wildgrown.com...

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