Hypothetical Legal Question

[fritz1255]

You are looking at a gun at a gun show and the seller tells you "Private sale gun, no background check required". You fork over the cash and stuff the gun in your backpack. A moment later an ATF agent busts the guy, turns out he is an FFL seller who's running an illegal side business. He buys guns from people, does not put them in his inventory, then sells them for cash with no background check so he doesn't have to hassle with paperwork or tax. Are you likely to be in any trouble?

[KCJones]

You are looking at a gun at a gun show and the seller tells you "Private sale gun, no background check required". You fork over the cash and stuff the gun in your backpack. A moment later an ATF agent busts the guy, turns out he is an FFL seller who's running an illegal side business. He buys guns from people, does not put them in his inventory, then sells them for cash with no background check so he doesn't have to hassle with paperwork or tax. Are you likely to be in any trouble?

What kind of gun?

[Walleye Hunter]

You are looking at a gun at a gun show and the seller tells you "Private sale gun, no background check required". You fork over the cash and stuff the gun in your backpack. A moment later an ATF agent busts the guy, turns out he is an FFL seller who's running an illegal side business. He buys guns from people, does not put them in his inventory, then sells them for cash with no background check so he doesn't have to hassle with paperwork or tax. Are you likely to be in any trouble?

IANAL but I'm thinking that it would depend on whether or not you can prove entrapment.

[pens87pgh]

As walleye said, IANAL, but as a buyer I'm not sure how you could get into trouble here as long as the gun in question is a long gun. You were told it was a private sale, so a background check should not be needed. If this is a pistol, you're both in some shit.

[widgetman101]

I don't see how you'd be in trouble unless it was a pistol or you were a prohibited person. Otherwise you're likely screwed on the gun sale since it'll be confiscated and good luck getting your money you paid for what you thought was a private sale.

[General Geoff]

As walleye said, IANAL, but as a buyer I'm not sure how you could get into trouble here as long as the gun in question is a long gun. You were told it was a private sale, so a background check should not be needed. If this is a pistol, you're both in some shit.

I'm not sure the hypothetical ATF agent would give a crap that it's a pistol because that's not a federally-prohibited good faith transfer. Now if they had a Statey in tow you'd be in trouble.

[Walleye Hunter]

Is an FFL dealer not allowed to own long guns as an individual?

[cdi]

Are you Amish or a right wing wack job podcaster in your hypothetical?

[jthrelf]

If I'm not mistaken, FFLs can sell long guns out of their personal collection without any paperwork. I can't see why not.

[Bang]

When presenting a hypothetical, you kind of need to include necessary information. "Gun" is not enough information.