Armslist being sued

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  • Tboy

    Moving forward
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    87   0   0
    Jul 14, 2008
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    Interested to see how this plays out.

    https://www.jsonline.com/story/news...med-wisconsin-wrongful-death-suit/5881469002/

    Guy A has a g19 and sells it to guy B. Guy B was not legally allowed to own a firearm.

    Bringing up a question in my mind. Those on here that require a BOS and get one when doing a sale, it doesn’t seem to have any weight if you sell to someone that wasn’t legally able to own a firearm. BOS or not.

    The only thing a BOS may afford someone is that if purchaser is not yet barred from owning a firearm and then goes and commits a crime with that newly purchased firearm.

    It seems the only way to know for sure is to go through an ffl.

    All IMO not legal information.
     

    Bigchillin83

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    94   0   1
    Feb 27, 2012
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    me as a individual, i am not required to know whether the buy can leagally buy the firearm, only legal obligation i have is to verify age before the sell and make sure they are over the age of 18/21.... It is the buyers responsibilty to know whether they can by it or not

    bill of sell is only for your personal info via crime is commited or gun is actually stolen, gives you a direction in which to send the cops if it makes it back to you... Its a proof of sell or buy
     

    Bigchillin83

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    this trial holds the same weight as sueing the manufature of the ammo and the gun, and the magazine... dont see it holding much weight, they have a very very long dislcaimer everytime you open there site that has been put there by some good attorneys to cya that you have to agree to prior to going on the site
     
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    krotsman

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    As a seller, don't you also need to verify that buyer is an LA resident? Or is that, again, on the buyer?

    The BOS I use has 2 signatures. One is for the purchase and one is "certifying" a statement that says they are not a prohibited person. Not sure if that makes it better or not.

    Also not a lawyer, but I think the only way you would get in legal trouble is to sell to someone who outright told you they are prohibited, and of course, has some form of proof of that statement being said to you.
     

    Bigchillin83

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    Feb 27, 2012
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    As a seller, don't you also need to verify that buyer is an LA resident? Or is that, again, on the buyer?

    The BOS I use has 2 signatures. One is for the purchase and one is "certifying" a statement that says they are not a prohibited person. Not sure if that makes it better or not.

    Also not a lawyer, but I think the only way you would get in legal trouble is to sell to someone who outright told you they are prohibited, and of course, has some form of proof of that statement being said to you.

    that all looks good to me... yes i would imagine if sombody told you "hey man glad you selling this cause i was just rejected at JIMs firearms" or " thanks man im about to go kill sombody" and you sell it to them you will be in a bind im sure

    yea im sure you ask to see there LA. ID and that will cover age and LA issue
     

    thperez1972

    ESSAYONS
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    Dec 28, 2015
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    People are mentioning the seller getting a BOS on here. But I don't see in the article where the seller is involved in the civil lawsuit. The parallel here would be someone suing BS because a prohibited person bought a gun in a private sale advertised on this site, claiming BS didn't do enough to discourage illegal sales.
     

    Tboy

    Moving forward
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    87   0   0
    Jul 14, 2008
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    Greenwell Springs
    People are mentioning the seller getting a BOS on here. But I don't see in the article where the seller is involved in the civil lawsuit. The parallel here would be someone suing BS because a prohibited person bought a gun in a private sale advertised on this site, claiming BS didn't do enough to discourage illegal sales.

    That’s correct. The article does not mention BOS or that the guy from Armslist that sold the G19 was being sued. It was a follow up question I had about the situation.

    If they can’t get any $$ from Armslist, will they go after the guy and what protections, if any, would he have.

    I mean, who cares if BS gets sued because of something sold on here?

    :)
     
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    Magdump

    Don’t troll me bro!
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    163   0   0
    Dec 31, 2013
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    From the article:

    Her father, Richard Webber, the administrator of her estate, sued Armslist and its founder in federal court in Green Bay late Thursday for wrongful death, negligence, public nuisance and civil conspiracy. The suit asks that the court stop Armslist from operating like it does, and for unspecified damages to Schmidt's estate.


    Civil conspiracy? Public nuisance? Jeezers....
    The site has zero liability in the guy buying a gun from a private citizen selling a gun. The deal is between the buyer and seller. If I posted a for sale sign on a light pole and the buyer used the gun to kill someone or himself, could loved ones sue the power company?

    I’m sure the attorney and the family is hoping Armslist will cave and settle. Or in their wildest dreams they hope that some crazy sympathetic judge and hand picked jury will award the family a big payout, but no. And just think of the precedent that would set.
    If it were that easy, Craigslist would been sued into the ground by now for all the rapes and killings and rip off scams that have been perpetrated around ads opened up on their site. It just goes to show, you can indeed sue for just about anything or nothing. Doesn’t mean you stand a chance in Hades if winning. But some slick ambulance chasing attorney might roll the dice and devote a couple years of his time on the chance something will give.
     
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    krotsman

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    104   0   0
    Aug 2, 2012
    1,364
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    Baton Rouge
    People are mentioning the seller getting a BOS on here. But I don't see in the article where the seller is involved in the civil lawsuit. The parallel here would be someone suing BS because a prohibited person bought a gun in a private sale advertised on this site, claiming BS didn't do enough to discourage illegal sales.

    Yeah, I was just responding to OP's musings.
     

    John_

    Shooter
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    21   0   0
    Nov 23, 2013
    3,451
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    Hammond, LA
    As a seller, don't you also need to verify that buyer is an LA resident? Or is that, again, on the buyer?

    The BOS I use has 2 signatures. One is for the purchase and one is "certifying" a statement that says they are not a prohibited person. Not sure if that makes it better or not.

    Also not a lawyer, but I think the only way you would get in legal trouble is to sell to someone who outright told you they are prohibited, and of course, has some form of proof of that statement being said to you.

    If you want to be a responsible gun owner in Louisiana and you are selling your pistol, you need to verify the buyer is a resident of LA (drivers license or state ID) and their age. Don't need to copy or record any of that on your simple BOS. I simply ask the buyer "can you legally possess a firearm?" I hand write my simple BOS, we sign it, and I take a picture of it with my phone. Then give original to buyer. Done deal.

    If you just want ur money and don't care who you sell your pistol to (perhaps a convicted felon or a non-resident, or maybe a minor), you just exchange the pistol for the cash and go on your way.

    I've had several non-residents contact me about purchasing a firearm. No one has gotten out the box when I explain it to them. And another guy who knew my conditions of sale (posted in my ads) but "just forgot his drivers license" when we met up. Only one guy ever and he could have been Obama's son.
     

    hunt4570

    Active Member
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    0   0   0
    Apr 4, 2013
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    Ahh, this must be why Armslist is now charging to list something for sale!! Need a defense fund I guess!
     
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