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  1. #11
    Moderator SSP's Avatar
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    Default Re: FIREARM BOUGHT FROM PTE OWNER_ WHEN IS IT OFF HIS NAME

    Quote Originally Posted by Steven001 View Post
    The same way as what the firearm dealer is technically in illegal possession of your firearm after you got the approval sms and waiting for the card to be printed? I guess you will have to give the previous owner proof that the FA is now in your name (IE a license card ) Sucks, I know....
    The dealer can posses any firearm that is entered into his register.

    Its not even remotely the same thing.
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

  2. #12
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    Default Re: FIREARM BOUGHT FROM PTE OWNER_ WHEN IS IT OFF HIS NAME

    Quote Originally Posted by JhbBoy View Post
    Did you and the seller consult your local DFO before you bought the gun?

    See para 3 below:

    31. (1) No person may trade in any firearm or ammunition without a dealer’s licence.
    (2) Subject to subsection (3), a person who is not a dealer may dispose of a firearm or
    ammunition only through a dealer or as otherwise provided for in this Act.
    (3)A person who wishes to sell or donate a firearm to a willing buyer or donee, as the
    case may be, may do so without the intervention of a dealer, but on such conditions as
    the Designated Firearms Officer may determine.

    You may have explaining to do to your DFO if he finds out ...best you get that gun from the other guy asap...(if the cops find out, what will they charge you with? ...being in possession of your own (licenced) gun?
    If the DFO was inclined to set conditions he could and would do so at the time that the buyer makes application for the licence.

    Don't start nothing, won't be nothing.
    Cattle die, kindred die, every man is mortal:
    But I know one thing that never dies,
    the glory of the great dead.
    Havamal

  3. #13
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    Default Re: FIREARM BOUGHT FROM PTE OWNER_ WHEN IS IT OFF HIS NAME

    What do the DFO's usually recommend doing.
    As they say, "There's many a slip 'twixt the cup and the lip" and nothing is foolproof. I can think of some instances where transfer of ownership didn't go smoothly or happen at all.
    So you have to cover all your bases in case of problems.
    I would assume both parties can produce a copy of the sale agreement on demand, and that somewhere it is stated that the firearm remains in possession of the seller until the buyer can produce a valid license card.
    How this would play out if either party cannot hold up their side of the bargain ( deceased, no longer can pay change of circumstances etc) I don't know.

  4. #14

    Default Re: FIREARM BOUGHT FROM PTE OWNER_ WHEN IS IT OFF HIS NAME

    When you buy a firearm and only pay a deposit, the dealer or current owner usually keeps the firearm until the full amount is paid. If you have this in writing, how does the legal issue work if the buyer obtains the licence but does not pay as agreed.
    Last edited by knipmes; 31-01-2019 at 05:45. Reason: grammar

  5. #15
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    Default Re: FIREARM BOUGHT FROM PTE OWNER_ WHEN IS IT OFF HIS NAME

    I suppose any competent dealer would have this worked out already. Perhaps you lose the deposit. A clause in the contract allowing them to claim back expenses or sell the firearm?
    It would be nice if there was a standard template available for private buyers.
    Doing the transaction via dealer services sounds like a very good idea. Assuming the dealer is reputable, have heard some bad stories.

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