Used Guns for Carry

would there be any repercussions legally if it was not purchased by you?
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Umm...

In a face-to-face private sale in which you are the buyer, the gun IS purchased by you.

As 15plus1 says, follow your state's laws for private sales (if any; I'm not familiar with Texas law on that subject). Additionally, even if not required by state law, you want to keep a bill of sale, including the name of the person you're buying from: get his ID (driver's license number or permit number), address, the whole deal.

Getting a bill of sale during a private gun purchase is absolutely SOP: you don't want some dishonest seller, after he's pocketed your money, being able to say you stole the gun, and there you are sitting there with no receipt or bill of sale. I've never had a seller decline to give me his ID, address, etc. If one ever did, hey, I don't need that gun or that purchase, and I don't need to deal with that guy at all.
 
Should of been more clear. Not "used" as in shot but used as in preowned by someone you do not know. A private face to face purchase. So if you had to use the gun and was takin away by the police and they traced it back to the licensed dealer would there be any repercussions legally if it was not purchased by you?
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As I first understood your question. Lots of variables in your scenario. Face to face private sale in a state that allows such transaction? Complete stranger you have no background information on? Is the seller really the original, legal owner who the gun could be tracked back to via the licensed dealer?
An original receipt, or bill of sale with the owner's nae on it might ease some concerns. As well as a signed bill of sae to you, signed by the seller with his address.
All things to indicate that you didn't buy a stolen gun on the black market if there is an issue with the police. If you are concerned, meet the seller at a FFL licesed dealer. pay the transfer fee, and be much more worry free. Unless of course the whole reason for the face to face private sale is for some clandestine reason.:eek:
 
It does not matter, the right ambulance chasing attorney is going to come after you with EVERYTHING!
Comments made after the shooting
What kind of ammo
How many shots fired
Social meadia posts
Bumper stickers on your car
Etc....

Could a modified trigger come into play, maybe, but I am certain there would be a lot of other things ahead of a "minor modification" that would be on the list.
 
There is a break in period for any gun I buy new or used.
Before I will carry a gun it gets at least 250 if its an auto and 50 or so for a revolver. Using factory rounds.
This is not to break in the gun but to break in the shooter and make sure there are no "surprises".
Once past that, good to go.
 
IMHO the best reason to carry a used (but reliable) gun is that if you use it, you may well hear a police officer order you to "drop the gun!" If you don't do it because you don't want your nice new gun to get damaged by being dropped on that dirty old concrete, you might be dropped on that dirty old concrete.

Jim
 
you don't want your nice new gun to get damaged by being dropped on that dirty old concrete
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One of the many nice things about Glocks.

They are born ugly. Drop them on concrete, they don't get any uglier. They just get personality.
:)
 
I bought my Kahr MK9 used, but that was from an FFL so I guess it's not what we're talking about.

Private transfers are lawful in my state. I don't see any issues unless it turns out the pistol was stolen.

I'm not sure how to have the serial checked. Seems like it might be an ordeal.

I'd probably settle for a bill of sale with name and driver's license number for both of us.

Including the address makes me nervous. I had an Armslist sale fall through because I wasn't willing to share my address. Shouldn't the DL number be sufficient for identification purposes, or was I just being paranoid?
 
B-Deck said:
Curious if anyone would be comfortable carrying and possibly having to use a used gun in a self defense situation. I'm talking more along the lines of liability issues, not so much about trusting the function and reliability of a used gun. Obviously there are benefits of buying used guns, mainly price, but what are the liability issue that come along with it?

I'm about to get my LTC and I plan on purchasing a new gun to carry, but I'm curious as I have bought used guns in the past and most likely will continue to buy used guns down the road.
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It's early and I haven't fully coffee'd up, but I'll take a stab at this one. The only downsides that I see (in my current, not-coffee'd-up state) are:
1. The possibility of carrying a stolen gun. If you wind up shooting someone in SD, being in possession of a stolen gun probably won't help your credibility with the police. It might even pick up a charge of what we call "Theft by Receiving." This isn't an insurmountable problem, but it should probably be taken into account.
2. The possibility that the gun has been modified in some way I find unacceptable. Obviously, had I found an unacceptable modification while examining the gun, I wouldn't have bought it. However, I might not notice some modifications (mag disconnect safety comes to mind) until after purchase. Whether or not I'd be comfortable carrying the pistol once the mods became known, well, that depends on the modifications in question.

The only upside I can think of is cost, but I don't find the downsides to be all that onerous. On balance, and with a little due diligence, I'd be comfortable carrying a preowned gun.
 
I like having very clear "lines" of ownership. Mr. McGee references at least one of the problems that could be realized as "not insurmountable" which I am sure is accurate. However the cost to have a lawyer meet and overcome that challenge is likely FAR more than any savings realized from buying a used gun. Maybe a used gun through an FFL but then of course the savings are even less.

We are talking your concealed carry gun here. While I have defended the idea of a "rotation" we are talking AT MOST a few guns. The savings over a few guns is simply not enough to worry about.
 
I get the vague sense that the OP...

And perhaps some others think that there are essentially two options when buying a gun:

--Buy it from a store-front FFL where everything is legal and sunshine and out in the open, and the firearms are always ready to bet your life on in SD carry, right from the factory; or

--Buy it in a back alley from a shady character in a raincoat, who hands you the gun in a paper bag after you hand him the cash, then whispers "We never met" as he melts back into the foggy night.

;) You know, the standard anti-gunner image of what private sales and the "gun show loophole" is all about.

No such worries. You are allowed to buy privately from people you know and trust. You are allowed to inspect the gun and to reject it if you find something wrong; if you find a problem after the sale, you're allowed to take it to a gunsmith, or resell it with full disclosure, or (as Spats says) just decide not to carry it. Heck, you're even allowed to have a gunsmith look at it if you don't find any problem.

You are allowed (in fact, AFAIC it's mandatory) that you get the seller's ID info and get a receipt. You're allowed to ask the seller where he got it; if he has a receipt, and--if you get a strange feeling--if he'd be willing to have the police check the serial number before you buy. You're allowed to ask if he made any modifications, or if he's noticed any issues.

The last gun I bought privately was from a police officer. As-new Glock (no modifications) that she'd gotten at a "blue label" price. She didn't like it and I benefited from the low initial price she paid.

Hard for me to see the downside, for either of us. Buy privately, buy often!
 
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I have no problems with buying or carrying used guns. Most of my guns 96% have been used, if they pass a function check and prove reliable I see no problem with them.
 
Thanks

Spats, nice summation. You explained my primary point nicely. We live in the most litigious society on earth. Combine that with making the choice to carry concealed.....

I am a huge fan of "experienced" guns. In fact most of my small accumulation was purchased used, I love a good bargain.

A lot of the folks here are very experienced and will know if a gun has been modified. My thoughts were directed more at those who are not experienced.
 
--Buy it in a back alley from a shady character in a raincoat, who hands you the gun in a paper bag after you hand him the cash, then whispers "We never met" as he melts back into the foggy night.
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Well I do like to keep the number of random strange men I meet at truck stops to a minimum:o
 
You are allowed to buy privately from people you know and trust
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Federally. however state law varies throughout the country.
In states where it is legal, a receipt, or bill of sale with the sellers name, address, DL# or other form of ID should be a minimum to avoid future problems. Even a suggestion to handle the transaction through a FFL dealer. Not that you even need to go through with it. But to see the seller's reaction. If he refuses,there is probably a reason! Run, don't walk from the deal!
 
You are allowed to buy privately from people you know and trust
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Federally. however state law varies throughout the country.
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True, some states require ADDITIONAL things for a lawful sale; in fact, my state is one of those. Yet even here, they allow me to buy from those I know and trust.

And true, CA, OR, and WA have made all private sales illegal; all sales must go through an FFL in those states.

I guess besides the gun-control angle, they don't want to miss out on their taxes!

Sure: know your state's laws, and follow them.
 
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This question of carrying a used gun is funny to me. As soon as you take your brand new gun out of the box it becomes used. We all carry used guns. I only have six guns that I bought new and one semi-custom gun that I had built on a used action. Is that custom gun considered used? To me it is but it has a bunch of new parts in and on it. My EDC gun is 45 years old so even though I bought it new it is a used gun.

As long as a gun is reliably functional and accurate I see no difference between the gun fresh out of the box and one you bought at a yard sale.
 
This question of carrying a used gun is funny to me. As soon as you take your brand new gun out of the box it becomes used
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Then you missed the entire point of the question further explained in a later post. #14
Nothing was meant about condition, it was about legal concerns.
Should of been more clear. Not "used" as in shot but used as in preowned by someone you do not know. A private face to face purchase. So if you had to use the gun and was takin away by the police and they traced it back to the licensed dealer would there be any repercussions legally if it was not purchased by you?
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Well, the original post was about the liability issues
Curious if anyone would be comfortable carrying and possibly having to use a used gun in a self defense situation. I'm talking more along the lines of liability issues, not so much about trusting the function and reliability of a used gun. Obviously there are benefits of buying used guns, mainly price, but what are the liability issue that come along with it?
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The clarification:
Should of been more clear. Not "used" as in shot but used as in preowned by someone you do not know. A private face to face purchase. So if you had to use the gun and was takin away by the police and they traced it back to the licensed dealer would there be any repercussions legally if it was not purchased by you?
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Are there liability issues involved in owning a second hand revolver? I have taken used guns in to have them checked to find out if they were listed as stolen before and there was no registration process to record me as the owner. If the guns were originally purchased ten or more years ago there is no record of the sale.
 
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Curious if anyone would be comfortable carrying and possibly having to use a used gun in a self defense situation. I'm talking more along the lines of liability issues, not so much about trusting the function and reliability of a used gun. Obviously there are benefits of buying used guns, mainly price, but what are the liability issue that come along with it?
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No problem for me, as long as they were unmodified and I had confidence in them (that you get from running a couple hundred rounds through them).
 
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