Q: I purchased a handgun from a coworker. No papers just gave money and took it. Well I sold it. Somehow it’s been sold
Again. Now whoever sold the gun to the next guy he got caught with it and he’s a felon. Cops called original owner. He said he sold it to me. Now they want to talk to me but I don’t remember who I sold it to. Am I in trouble? I know it wasn’t the felon I researched his picture.
A:
If you didn't sell it to the felon, you should be OK.
You need to gather up any documentation or other information you have about the purchase and sale to support your position with law enforcement.
Ideally, it would help if you could remember who you actually sold the firearm to.
A:
The felon can be in possession of someone else's gun. Posession does not mean ownership, so usually ownership is secondary.
For example, a felon lives with a roommate. You sell a gun to the roommate, who is not a felon. But this gun is being left in the middle of the room, the felon has access to the gun, knows where it is, touched the gun, etc. The felon is in constructive possession of his roommate's gun. He is in possession of the gun but does not own it. Government does not have to prove the felon owned the gun, just that he was aware that the gun was there and had access to it, even if it belonged to a different person.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
