-
ODT Gun Show this Saturday! - Click here for info and tickets!
What's with the BOS stuff????
- Thread starter stepup
- Start date
Cause they ran your tag as they drove up. Lol
Just meet at an FFL, and be done with it, if you just gotta have the item...
Truth
The thing about a bill of sale is that you can't just say "THERE'S NO LAW THAT SAYS WE HAVE TO DO ONE."
Why isn't that enough?
Because sometimes circumstances make certain actions legal that are generally illegal, and sometimes special circumstances make things illegal that are normally legal.
Then there's the issue of perception. Reasonable suspicion of a crime. Even WITHOUT a crime, could you get detained by officers and questioned over a cop's reasonable suspicion? Sure. How about a cop's belief that he has PROBABLE CAUSE to think the gun you possess is stolen property, and you knew or should have known that when you bought it? Even if he's factually wrong and legally cannot ever get a conviction at trial "beyond a reasonable doubt" that doesn't mean he can't arrest you based on probable cause and ruin your life. How's your job and career going to look when you miss work for 2 days while your family scrapes together several thousand dollars in bail bond money?
How can you doing something that's perfectly legal get you in trouble, you ask?
Simple. It could look suspicious. There are a lot of "legal" things that are suspicious, or could be suspicious under the right other circumstances.
Is there anything suspicious about buying, selling, and trading guns on a handshake, to anonymous strangers you meet off some internet website?
Here in the ODT community, some people say "no" and others say "yes."
What do casual gun owners who don't ever visit gun chat sites think about "no questions asked, no records kept" gun trading or selling?
Could THEY think it's "suspicious"?
Could a cop, prosecutor, judge, or juror consider your willingness to deal with a person who insisted on no bill of sale, no looking at any I.D., to be ONE BIT OF EVIDENCE that, combined with other evidence, indicates that you knowingly broke the law (by selling to a resident of another state, selling to a prohibited person, selling a stolen gun (not that you stole it, but it was stolen a decade ago and eventually found its way to you. Now you sell it, and you and the buyer are both busted...)
QUOTE from the GEORGIA COURT OF APPEALS:
"Under the case law in Georgia, knowledge in a theft by receiving case 'may be inferred from circumstances which would excite the suspicions of an ordinarily prudent man.'
So, the key question is, is selling guns to strangers you meet online, when you or that other person insist on NO receipt, no bill of sale, no ID check, a "circumstance that would excite the suspicions of an ordinary person" ??
Having a bill of sale goes a LONG WAY to extinguishing any such inference that it was a shady deal.
Why isn't that enough?
Because sometimes circumstances make certain actions legal that are generally illegal, and sometimes special circumstances make things illegal that are normally legal.
Then there's the issue of perception. Reasonable suspicion of a crime. Even WITHOUT a crime, could you get detained by officers and questioned over a cop's reasonable suspicion? Sure. How about a cop's belief that he has PROBABLE CAUSE to think the gun you possess is stolen property, and you knew or should have known that when you bought it? Even if he's factually wrong and legally cannot ever get a conviction at trial "beyond a reasonable doubt" that doesn't mean he can't arrest you based on probable cause and ruin your life. How's your job and career going to look when you miss work for 2 days while your family scrapes together several thousand dollars in bail bond money?
How can you doing something that's perfectly legal get you in trouble, you ask?
Simple. It could look suspicious. There are a lot of "legal" things that are suspicious, or could be suspicious under the right other circumstances.
Is there anything suspicious about buying, selling, and trading guns on a handshake, to anonymous strangers you meet off some internet website?
Here in the ODT community, some people say "no" and others say "yes."
What do casual gun owners who don't ever visit gun chat sites think about "no questions asked, no records kept" gun trading or selling?
Could THEY think it's "suspicious"?
Could a cop, prosecutor, judge, or juror consider your willingness to deal with a person who insisted on no bill of sale, no looking at any I.D., to be ONE BIT OF EVIDENCE that, combined with other evidence, indicates that you knowingly broke the law (by selling to a resident of another state, selling to a prohibited person, selling a stolen gun (not that you stole it, but it was stolen a decade ago and eventually found its way to you. Now you sell it, and you and the buyer are both busted...)
QUOTE from the GEORGIA COURT OF APPEALS:
"Under the case law in Georgia, knowledge in a theft by receiving case 'may be inferred from circumstances which would excite the suspicions of an ordinarily prudent man.'
So, the key question is, is selling guns to strangers you meet online, when you or that other person insist on NO receipt, no bill of sale, no ID check, a "circumstance that would excite the suspicions of an ordinary person" ??
Having a bill of sale goes a LONG WAY to extinguishing any such inference that it was a shady deal.
"Having a bill of sale goes a LONG WAY to extinguishing any such inference that it was a shady deal."
I'm going to go back and scribble out me some BOSs for all the weapons I own. I bought a most of firearms from John Doe, he lives between.
Are you saying that you would let some random stranger that you met on an internet website, write down/copy your private information?
Actually the thread was started not as a BOS do or not do, but how in the hell can someone answer NO to a BOS required, then want name, DL, GWL, address, tag number, etc?
I'm going to go back and scribble out me some BOSs for all the weapons I own. I bought a most of firearms from John Doe, he lives between.
Are you saying that you would let some random stranger that you met on an internet website, write down/copy your private information?
Actually the thread was started not as a BOS do or not do, but how in the hell can someone answer NO to a BOS required, then want name, DL, GWL, address, tag number, etc?
Maybe one day real soon, Georgia lawmakers will make it illegal for individuals to swap and sell firearms, unless they are transferred through an FFL dealer.
Then we can piss and moan and talk about the good ole days right before we signed over our rights/freedom, for safety/peace of mind.
We will all be able to sleep peacefully knowing that no persons ineligible to possess a firearm is armed.
Then we can piss and moan and talk about the good ole days right before we signed over our rights/freedom, for safety/peace of mind.
We will all be able to sleep peacefully knowing that no persons ineligible to possess a firearm is armed.
