Legality and / or responsibility?
- Thread starter rangur1
- Start date
Wouldn’t be so sure. Now it isn’t a firearm we are talking about so it is much less likely someone is going to commit a major crime with it, however if you knowingly sell a deadly weapon under not totally legal circumstances don’t think for a moment it won’t come back to you. OP has already proven the “knowingly “ part by posting here.Something happen to you lately? With all the political posts?
btw, I live in CT, and it’s not illegal here
To the OP, I had a similar proposition from someone who Lived in Jersey. I did my research, and while we can’t ship to them, I’d they were to pick it up in NY, or any state where it’s legal, it then becomes their problem.
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If you knowingly sell to someone who you know will break the law as a result of your sale, you are party to their crime and all future crimes related to the sale. It would be no different than if you were selling a rimfire rifle to a known, convicted felon.
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I asked your question to ChatGPT and this is the answer
ChatGPT
I am not a lawyer, but I can provide some general information on this topic. It's important to consult with a legal professional who is familiar with the laws of your jurisdiction for advice tailored to your specific situation.
While meeting in New York instead of shipping the air rifle to New Jersey may seem like a way to avoid potential legal issues, it may not necessarily protect you from liability. Even if the transaction occurs in New York, the fact that you are aware the buyer intends to take the air rifle back to New Jersey could still potentially implicate you in aiding or abetting the violation of New Jersey's laws regarding air rifles.
If the airgun in question violates New Jersey law, it is generally advisable to decline the sale to a buyer residing in New Jersey, regardless of their reputation or possession of permits from their own state. Selling or transferring a restricted item to someone who intends to use it illegally could have legal consequences.
Again, I strongly recommend seeking advice from a legal professional who can provide guidance based on the specific laws and regulations of your jurisdiction.
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I would just tell him sorry I can't sell it to you given the circumstances... I'm gonna put it up on craigslist and it's going to the first buyer who can meet me in NY/PA for the sale.
If he has enough common sense, then the situation ought to work out.
If he has enough common sense, then the situation ought to work out.
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I respectfully disagree, whether it is done in a back room or upfront, I treat every potential deal with the respect it deserves. I took it upon myself to quickly review nj laws so the potential buyer didn’t inadvertently get themselves in a jam. This member states the have firearm license, the part that flagged me was the evols molded end with the air stripper, I was concerned it could be considered baffles. It was dicey in my opinion and I wanted the buyer well aware about this prior to purchase. They thanked me on raising their level of caution and they backed out of deal.
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I get the gist of what you’re implying, the heavy handed comparison seems a bit much. The deal is off, buyers choice after we spoke about potential hang ups with the law. It is legal to sell air gun to person outside of their state PROVIDED, they have a firearm license- which I would have asked to see. The “illegal “ aspect of it was confusion about whether the molded end of the Evol with its air stripper is considered baffles and a moderator- those are illegal firearm license or no. That’s why I flagged him and we discussed things and the deal was called off. I was leaning this way unless I was completely comfortable with the deal, and I wasn’t.
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All of this for the sale of something that is not even a firearm by federal law.
Not political but I would be asking myself why I lived in a state whose demographics permit such heavy handed regulation.
Maybe that is why my state is filling up with refugees from coastal states?
Not political but I would be asking myself why I lived in a state whose demographics permit such heavy handed regulation.
Maybe that is why my state is filling up with refugees from coastal states?
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Why don't you ask a gun dealer in Joisey? They're the ones that have to handle the transaction when he brings an airgun into the state..
I'm a PA resident and I bought airguns from Joisey residents twice. Both met me in Pa to hand over the guns. First gentleman had sold me (Through Gunbroker) a minty Webley Vulcan and then gave me a very nice Mossberg shotgun for free. Very nice gent was retired and moving to Fla. The second time I bought 3 BSA prewar (one was a very rare Military Pattern), a Mk1 Webley rifle (also very rare), and a Mk3 Webley rifle. The seller was a licensed dealer. In Joisey. I had purchased a BSA prewar from him on Gunbroker previously. Then he emailed me later with an offer for the other guns. He was doing an "under the table" deal and met me in King of Prussia, PA. That's his business, not mine. Both transactions are legal purchases in my state.
I'm a PA resident and I bought airguns from Joisey residents twice. Both met me in Pa to hand over the guns. First gentleman had sold me (Through Gunbroker) a minty Webley Vulcan and then gave me a very nice Mossberg shotgun for free. Very nice gent was retired and moving to Fla. The second time I bought 3 BSA prewar (one was a very rare Military Pattern), a Mk1 Webley rifle (also very rare), and a Mk3 Webley rifle. The seller was a licensed dealer. In Joisey. I had purchased a BSA prewar from him on Gunbroker previously. Then he emailed me later with an offer for the other guns. He was doing an "under the table" deal and met me in King of Prussia, PA. That's his business, not mine. Both transactions are legal purchases in my state.
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That would be my answer: by the letter of the law, he might be free of blame, but selling to someone who lives in a Forbid state would make me uneasy. Not worth the sale, unless the buyer is moving out of NJ right away. Like on the day of sale!
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No, I still don't know decisively if the transaction would be legal or not - hence the post. But we spoke and came to the conclusion that it could be problematic, and decided to cancel any transaction. Yes, it is not worth the headache.
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Telling you he is a city with laws against owning the airgun puts you into mix when selling it. Why wouldn't he have just not mentioned it . Or say he's lives somewhere else ? I wouldn't do it.
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Can the buyer walk into Walmart or any gun store in your state and legally buy that same gun? I'm guessing that he can.
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I think it is worth clarifying for a few who posted in this thread. In the state of NJ airguns are considered firearms. You get caught shooting just a little CO2 pistol in your backyard and you could get a felony for discharging a firearm. My best friends brother-in-law is a NJ State Trooper and I confirmed all of this with him one time.
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Conspiracy, aiding and abetting, accessory before the fact.
Just a few of the accusations that a prosecutor could choose to levy against you based on the info you have provided. This doesn't mean you would be convicted, but without doubt they would be legit charges.
Just a few of the accusations that a prosecutor could choose to levy against you based on the info you have provided. This doesn't mean you would be convicted, but without doubt they would be legit charges.
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This thread is the reason states like NJ have so much power. Fear and misinformation.
This entire thread should be deleted so it doesn’t come up in a search. This thread hurts every air gunner on this forum.
This entire thread should be deleted so it doesn’t come up in a search. This thread hurts every air gunner on this forum.
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probably should not comment.
I guess I misread or misunderstood the OP.
I thought this was an ethics question more than a legal one.
Sort of like, what would YOU do if you discovered a tin of pellets hiding in the bottom of
your Wal Mart cart when you got to your vehicle?
Some of the posts are telling though.
I tend to agree with Heavyopp, perhaps it would be better if this thread were to disappear.
Doc
I guess I misread or misunderstood the OP.
I thought this was an ethics question more than a legal one.
Sort of like, what would YOU do if you discovered a tin of pellets hiding in the bottom of
your Wal Mart cart when you got to your vehicle?
Some of the posts are telling though.
I tend to agree with Heavyopp, perhaps it would be better if this thread were to disappear.
Doc
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