Private Sale Stolen Gun

[DaveTheMinion]

Even buying from the odt you can still have a gun that was stolen, and for all we know, the guy that sold it never knew it was stolen either. The problem is that guns may have several different owner, my sig for example I believe the gentlman I got it from was the original owner, but he could possibly be lying. Same thing with the gun show, the seller could have bought it from a guy that bought it from a guy that so on and so forth. Somebody openly advertising at a gun show is highly unlikely to be doing it with a stolen gun. More than likely it got sold a few times to a guy that thought it was clean and your buddy found out other wise. What I would like to know is how exactly the numbers were ran on this firearm. Routine traffic stops dont warrant a search, and then there is always the phrase "I don't consent to any searches" Georgia is not a must inform state, meaning I can legally keep my mouth shut about the possibility of a gun in my car and for the most part I'm honest abot it. I'mwith others though, I want to know what warranted said running of serial.

 

[144P&Y]

I'm not sure why there is such a negative response to a BOS
If I sell you a gun on tuesday,that I shot someone with on Monday,a BOS would save your tail
and eliminate any doubt
Don't be afraid of a BOS people,they are your friend

 

[chaostat]

Well now I'm going to call the police and see why it isn't showing up they said it stayed active till found they call me about once a year to see if I had any news.

Check you police report to see if they copied the serial exactly correct. Amazing what a typo will do.

 

[wozbean]

I'm not sure why there is such a negative response to a BOS
If I sell you a gun on tuesday,that I shot someone with on Monday,a BOS would save your tail
and eliminate any doubt
Don't be afraid of a BOS people,they are your friend

I still don't agree. But each to their own.

 

[nocman_2]

there is what is called an Affirmative defense written into the official code of georgia that will take care of this problem.....this wont even go to trial if you take the steps to prove this before trial.

O.C.G.A. § 16-8-10 (2011)

§ 16-8-10. Affirmative defenses to prosecution for violation of Code Sections 16-8-2 through 16-8-7


It is an affirmative defense to a prosecution for violation of Code Sections 16-8-2 through 16-8-7 that the person:

(1) Was unaware that the property or service was that of another;

(2) Acted under an honest claim of right to the property or service involved or under a right to acquire or dispose of it as he did; or

(3) Took property or service exposed for sale intending to purchase and pay for it promptly or reasonably believing that the owner, if present, would have consented.

So, not doubting what your saying, just trying to clarify... If there is no BOS and you didn't think it was stolen when you purchased it (for a fair price). Could you get convicted?

 

[nocman_2]

Silence! This thread is about panic and over reaction. Facts and logic have no place here. We must all do bill of sales, ask for multiple forms of ID, make sure we know the ID is real, get the form notarized and make copies now or else!

^^^ This is funny becaues it's true...

 

[Badger]

So, not doubting what your saying, just trying to clarify... If there is no BOS and you didn't think it was stolen when you purchased it (for a fair price). Could you get convicted?

Yes you can!
Merely stating those points does not automatically off the hook....You have to tender some evidence other than your own statement of denial to prove your contentions.

 

[rOmiLaYu]

So, not doubting what your saying, just trying to clarify... If there is no BOS and you didn't think it was stolen when you purchased it (for a fair price). Could you get convicted?

You can always be convicted....but I think it would be hard

 

[nocman_2]

Yes you can!
Merely stating those points does not automatically off the hook....You have to tender some evidence other than your own statement of denial to prove your contentions.

I believe they have to prove beyond a doubt that u stole it. There word against yours, right?

 

[144P&Y]

not if you have a BOS!!!