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Is it legal to buy from this site off the internet?

Posted: Wed May 01, 2013 5:58 pm
by philip964
I have a question.

A anti gun facebook friend has listed this website as a place he can buy a gun on the internet without a background check.

He would like to see all guns confiscated. He played the race card today, too.

http://www.armslist.com/classifieds/kansas-city/guns" onclick="window.open(this.href);return false;

He lives in Kansas, a state line straddles Kansas City.

I am assuming it must be face to face, not by mail etc. I am assuming it also must be for your personal use.

If you live in the same state as the gun seller and you are legally allowed to purchase a gun, can you use a site like this find and purchase a gun? Would there not be a background check? thanks,

Re: Is it legal to buy from this site off the internet?

Posted: Wed May 01, 2013 6:09 pm
by jmra
I can't speak for other states, but let's pretend the site is Texas based. This is simply a listing site. If you find something on this site you like and want to buy it or if you have something listed someone wants to buy, one contacts the other and makes arrangements to meet. You can then conduct a face to face transaction.
Assuming you have no knowledge that a person is not eligible to possess a firearm and you are both residents of the state (we are pretending the site is in Texas), you can sell a firearm to that person or buy a firearm from that person without a background check.
This must be face to face. If not, the firearm would have to be shipped to a FFL and a background check done.

Obviously some states have laws that would complicate the above transaction.

Re: Is it legal to buy from this site off the internet?

Posted: Wed May 01, 2013 6:11 pm
by The Annoyed Man
I went to the site, and before I could even scan the pages, I had to answer a popup which said the following:
TERMS OF USE
  1. I am 18 years of age or older.
  2. I understand that ARMSLIST DOES NOT become involved in transactions between parties and does not certify, investigate, or in any way guarantee the legal capacity of any party to transact.
  3. I am responsible for obeying all applicable enforcement mechanisms, including, but not limited to federal, state, municipal, and tribal statutes, rules, regulations, ordinances, and judicial decisions, including compliance with all applicable licensing requirements.
  4. I will not use Armslist.com for any illegal purpose.
  5. If I am at all unsure about firearm sales or transfers, I will contact the Bureau of Alcohol, Tobacco, Firearms, and Explosive at 1-800-ATF-GUNS and visit the ATF website at http://www.atf.gov" onclick="window.open(this.href);return false;.
  6. I will help to ensure the overall openness and accessibility of the site to all users through a peer-review process. I understand that failure to adhere to proper internet protocol and etiquette may result in removal of my listings or more severe corrective action.
  7. ARMSLIST may edit or remove information, including my listings, from the site without notice.
  8. If I violate these terms, ARMSLIST may permanently remove me from the site or, depending on the nature and severity of the violation, avail itself of such remedies as are prescribed by law. Whilst ARMSLIST ABSOLUTELY BELIEVES AND CHAMPIONS "the right of the people to keep and bear Arms," ARMSLIST will comply with federal, state, municipal, and tribal law enforcement entities pursuant to the Constitution of the United States and Due Process of Law.
  9. I take responsibility for my actions whilst using Armslist.com. I also take responsibility for any and all of my actions related to, or resulting from, my use of Armslist.com. Further, I am solely responsible for any and all consequences of such my actions.
  10. I indemnify and hold harmless ARMSLIST and all of its owners, directors, officers, employees, and agents for any and all loss, harm, damage, costs, liability, and expense caused to them, whether intentionally or unintentionally, by my use of Armslist.com, including but not limited to direct or indirect results of violations of any and all applicable laws.
  11. ARMSLIST may make changes to these terms at any time without notifying me. As a user, I am solely responsible for reading the most current version of the terms and conditions.
  12. By clicking "I agree," I electronically represent ("sign") that I agree to the above terms and further certify that I have read, and completely agree, to be legally bound by the ARMSLIST Terms of Use
Did your friend "lie" in order to view the sites pages? If so, he would lie on a 4473. ArmsList does not advocate doing anything illegal. In fact, it makes it plain in their rules that you may not do anything illegal.

Re: Is it legal to buy from this site off the internet?

Posted: Wed May 01, 2013 6:15 pm
by Wes
That is simply Craigslist for guns, if its an individual then he can sell it to whoever he wants per the laws where they live with no background checks required. Just because you find the gun online, you arent buying it online and having it shipped to you. Could you? Sure, crazy people break the laws all the time. Doesn't mean it's a breeding ground of illegal activity and free guns for all.

Re: Is it legal to buy from this site off the internet?

Posted: Wed May 01, 2013 6:21 pm
by Panda
I would tell him he can't get a gun through the internet. The tubes aren't wide enough.

Re: Is it legal to buy from this site off the internet?

Posted: Wed May 01, 2013 6:38 pm
by SewTexas
Panda wrote:I would tell him he can't get a gun through the internet. The tubes aren't wide enough.
:lol: hey, I like this guy ^

Re: Is it legal to buy from this site off the internet?

Posted: Wed May 01, 2013 9:08 pm
by android
philip964 wrote:I have a question.

A anti gun facebook friend has listed this website as a place he can buy a gun on the internet without a background check.

He would like to see all guns confiscated. He played the race card today, too.

http://www.armslist.com/classifieds/kansas-city/guns" onclick="window.open(this.href);return false;

He lives in Kansas, a state line straddles Kansas City.

I am assuming it must be face to face, not by mail etc. I am assuming it also must be for your personal use.

If you live in the same state as the gun seller and you are legally allowed to purchase a gun, can you use a site like this find and purchase a gun? Would there not be a background check? thanks,

These would be a FACE TO FACE sales. Whether arranged by internet, smoke signal or mental telepathy, it is still a FACE TO FACE sale.

Re: Is it legal to buy from this site off the internet?

Posted: Wed May 01, 2013 9:21 pm
by C-dub
Because your friend is so close to the state line, is he thinking that people can transfer a handgun from a person in one state to a person in another state without going through an FFL? Or does he really think that if someone becomes acquainted over the internet, but meets face to face that this is still considered an internet sale?

Re: Is it legal to buy from this site off the internet?

Posted: Wed May 01, 2013 10:54 pm
by philip964
C-dub wrote:Because your friend is so close to the state line, is he thinking that people can transfer a handgun from a person in one state to a person in another state without going through an FFL? Or does he really think that if someone becomes acquainted over the internet, but meets face to face that this is still considered an internet sale?
He doesn't really realize the circumstances of living next to a state line (he's four blocks away) as far as gun sales are concerned. His first choice would be to remove all guns from private ownership. He was naturally very disappointed in the failure of the Democratically controlled senate to pass any gun control measures. He felt that closing the gun show "loophole" would have been a positive first step towards banning all guns.

He finds it terrifying that guns are so easily available on the internet.

Its really not his fault, he is a print journalist with a five year old boy and two year old girl. Sandy Hook really upset him as it probably did a lot of people with small children. He never discussed guns until the Aurora Movie theater shooting. He has seen a movie in that same theater. In addition his closest Target store was also the location of a mass shooting a few years back.

I have pointed out that his area ranks much higher on the gun freedom index than even Texas. I have also pointed out that Colorado, Illinois, Connecticut and Washington DC rank near the bottom of the gun freedom index, yet these are the locations where there is so much gun violence. He finds it racist that I focus on Chicago and Washington DC gun crime. I have tried to point out that even though he does not own a gun, he indirectly benefits from the lower crime rate his area has due to the higher gun freedom index.

He is probably too liberal to ever change his mind, but I try at times, when he posts something awful about guns to a calmly as possible point out the facts.

Today he went right to the 5 year old shooting his little 2 year old sister with the 22 rifle they left in the corner of the living room.