Firearms Dealer Getting Sued

[zukiphile]

TomNJVA, great question.

Because even the most skilled attorney on earth does not know every nitpick detail of every firearms law in every state.

No sane client is going to call his lawyer for an opinion on each individual transfer. The client wants an answer to the question "What rule can I follow so I never have a problem with my license?"

This is something like the straw purchaser issue. It may not be realistic for the counter staff at the store to know what a straw purchase really is, but a simple rule that the customer should look like he is buying for himself and pay for it himself, while it will forego some legitimate transactions by true buyers, will also avoid headaches with the licensing agency.

Plainly, I either never knew or forgot long ago that a long gun can be sold to a non-resident, but simplified rules that keep a client safe are sometimes the better (because more readily understood and usable) advice, even if it is wrong.

 

[Mongo_Bongo]

Very simple. Shyster lawyer, a redundancy, is looking for deep pockets for a payout.

 

[44 AMP]

So does this sale comply with the laws of both states? Since the Firearm Identification Card is only a requirement when the purchase is made in State A, and the purchase was made in State B, it would appear to me the ID card is irrelevant.

This is a kind of general question that needs specifics to answer. State A requiring a permit (FOID, ID card, some kind of approval to purchase) is only PART of State A's laws.

More info on State A's laws is needed to know if the out of state purchase would violate any laws when the gun "returns home" with the buyer.

Is there a state that requires a purchase permit (Firearm ID card) to buy, but does NOT require an FOID to possess???

Ok, the guy doesn't have his home state's required permit to purchase, so he buys out of state. Then what?? The out of state purchase doesn't violate State A's purchase law, because it didn't happen in State A. SO, in that regard, and that regard ONLY, the purchase is compliant with both states laws.

Another point to look at, is the "legal to own" concept. Depending on specific wording in various laws, it might be the applicable factor. Buying out of state might not violate the law, but owning (possessing) it in state, MIGHT. A court may look at a very narrow set of laws, or it may look at the bigger picture, and there's no way to know until you get to court.

It is entirely possible such a case might be ruled to have upheld the letter of the law, but violated the spirit / intent of the law.