This is a discussion on Quick clarification? within the CCW forums, part of the Firearm Forum category; What is your understanding of the law in regard to shooting someone in self-defense with someone else's gun? What I mean is, is there a ...
What is your understanding of the law in regard to shooting someone in self-defense with someone else's gun? What I mean is, is there a difference in the eyes of the law between shooting a home intruder in my house with a gun my buddy left over at my house by accident as opposed to using a gun registered in my own name? What about shooting an invader with my wife's gun? I've always been a little fuzzy as to how something like this would work if someone had to protect themselves with someone else's gun. Also, what about CCW? I have lots of guns, and as we all know, you try to carry the right gun for the right situation/environment, so what if my wife wants to carry one of my guns on a certain day because it fits in her purse better or whatever? When we fill out the paperwork we state we are buying the gun for our own use, not for someone else, so I'm interested how this works if my wife protects herself with one of my guns?
I'm far from an expert, but in most states (not all) a gun becomes private property once purchased & you have the right to give, sell, or trade it as you wish. In court there could be some problems if it belonged to a friend. I'm not even going to get into what lawyers will try to do with that situation. I don't think it would matter if the pistol is yours or your wife's, as long as one of you isn't a felon or breaking any carry laws. It's a good question and worth looking into further.
That's going to depend on your state. In Ohio, doesn't matter one bit. A good shoot is a good shoot, a bad shoot is manslaughter/murder. For all Ohio cares, as far as I understand, I could steal a gun from my neighbor, then use it to defend my home and only later be charged w/ a theft related crime.***
***As far as I know. (but since I don't go stealing guns, I haven't checked for that specific law provision)
Ok, so if what you guys are saying is right, the question on the form is ONLY to ensure I'm not buying a gun for an individual who is not legally allowed to own one. My wife and i both have CCW licenses, so we're both clear and good to go. What about buying a 357 to give to my mother so she can be protected there? I'd be buying it for someone else's use in that case, which I thought was a no-no. I know what makes sense and what doesn't, but I also know that what makes sense rarely has anything to do with the law. lol
What I mean is, is there a difference in the eyes of the law between shooting a home intruder in my house with a gun my buddy left over at my house by accident as opposed to using a gun registered in my own name?
None of the guns you buy or your friends buy are registered to a name. There is no national gun registration. As luvmysr9 said, once its out the door, it's your private property. The gun in the shooting probably wouldn't matter, you would have bigger legal fish to fry.
Ok, what you guys are saying makes sense. Let me ask you this then: Whenever I've bought a gun in a private FTF sale, we've always written up a bill of sale with both of us (seller and buyer) signing our names and putting a price down, etc. What's the point of this if no one knows or cares where the gun came from?
FFL 4473 states,Are you buying the firearm for yourself ? impling not giving ,gift,transfer,loan to other than yourself.But alot of states do vary the implications of the words and meaning,Can any one give us further insight to this question hoping to clarify if not support the reasoning of it all.
FFL 4473 states,Are you buying the firearm for yourself ? impling not giving ,gift,transfer,loan to other than yourself.But alot of states do vary the implications of the words and meaning,Can any one give us further insight to this question hoping to clarify if not support the reasoning of it all.
Yeah, see I was concerned letting my wife carry one of mine for whatever might be considered a "loan" to someone.
Ok, what you guys are saying makes sense. Let me ask you this then: Whenever I've bought a gun in a private FTF sale, we've always written up a bill of sale with both of us (seller and buyer) signing our names and putting a price down, etc. What's the point of this if no one knows or cares where the gun came from?
I've drawn a Bill of Sale to protect myself if the gun is used in a crime. In other words, if I sell my P95 on 8/12 and it's used in a crime on 8/29, then when the police come knocking on my door on 8/30 I want a bill of sale to show who I sold the gun to and when.
I've drawn a Bill of Sale to protect myself if the gun is used in a crime. In other words, if I sell my P95 on 8/12 and it's used in a crime on 8/29, then when the police come knocking on my door on 8/30 I want a bill of sale to show who I sold the gun to and when.
But if the gun isn't registered under a certain name like this quote states:
Quote:
Originally Posted by DDelambre
None of the guns you buy or your friends buy are registered to a name. There is no national gun registration. As luvmysr9 said, once its out the door, it's your private property. The gun in the shooting probably wouldn't matter, you would have bigger legal fish to fry.
...then how could a gun I sold be used in a crime and be tracked back to me? I've always assumed records are kept on who purchased a certain gun. May not be considered Registering a gun, but seems like it's the same thing.
But if the gun isn't registered under a certain name like this quote states:
...then how could a gun I sold be used in a crime and be tracked back to me? I've always assumed records are kept on who purchased a certain gun. May not be considered Registering a gun, but seems like it's the same thing.
Its not registered per se... but it is recorded when sold (FFL sale), and they follow the paper trail back to the owner when its used in a crime... if you have a notarized bill of sale (from private sale) that proves you are not the owner anymore then its a lot easier to say you didnt use it to commit said crime
Its not registered per se... but it is recorded when sold (FFL sale), and they follow the paper trail back to the owner when its used in a crime... if you have a notarized bill of sale (from private sale) that proves you are not the owner anymore then its a lot easier to say you didnt use it to commit said crime
Exactly. And when the investigative trail comes back to you, it'll be comforting to give the LEO another path to go down.
Yeah, see I was concerned letting my wife carry one of mine for whatever might be considered a "loan" to someone.
As long as your wife is legal to own a gun she can sell any of your guns because she already owns them as part of the marriage contract. Therefore, using any of them would not be a problem.
Therefore, using any of them would not be a problem.
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