Random legal questions.

Kinja'd!!! "Rainbow" (rainbeaux)
11/24/2016 at 12:59 • Filed to: None

Kinja'd!!!0 Kinja'd!!! 6

So, my girlfriend and I are moving into a new place sometime soon, and I actively run an eBay store. So, I’ve been looking at some online storage unit auctions and planning to visit some in person once we’re all set, since it would be a great way to get cheap furniture, decor, etc. with the bonus of giving me some extra inventory to sell.

But I’ve seen a couple of units that contain motorcycles and/or guns, and I’m curious how that works. Like, I would be legally purchasing them, but in the case of a bike, I wouldn’t have the title. And in the case of a gun, I’m not licensed to have one.

So, for a bike, would the previous owner be forced to forfeit the title to me, or is there some way that he’d be able to get it back without giving me anything in return? Would I be the legal owner or not?

As for a gun, would I even be allowed to take it home at all, or would I need to leave it in the unit and have the cops come take it or something? Obviously, I realize that I could just take it home regardless, but I don’t really want one, unless it’s decorative, and I can’t sell it if I don’t own it legally, so how would that work?


DISCUSSION (6)


Kinja'd!!! E90M3 > Rainbow
11/24/2016 at 13:07

Kinja'd!!!2

You don’t need a license to purchase a gun, nor to sell it private party. However if you get in the business of buying and reselling guns, you need an FFL (Federal Firearms License).


Kinja'd!!! Eric @ opposite-lock.com > E90M3
11/24/2016 at 13:25

Kinja'd!!!1

This depends on the state. In most states there is no paper trail attaching a person to a gun directly (possibly the first sale, but that’s it). In quite a few coastal states and some commie hellholes in the center of the US, they have laws about transferring a gun that make this very nebulous (technically you’d have to transfer it through an FFL in my state, for example, but without buying/selling, I have no clue how that would work).

The safest/simplest method I could think of would be having someone that can legally possess guns sell them to an FFL (gun store, pawn shop, etc).


Kinja'd!!! jimz > Rainbow
11/24/2016 at 14:02

Kinja'd!!!1

the gun question depends heavily on where you live, and what type it is. in Michigan, for example, if it’s a long gun (rifle/shotgun) then you’re free and clear so long as you’re not a prohibited person. If it’s a handgun, then it gets muddier; if you’re not buying it from an FFL holder then you have to go to your local police dept/county sheriff/MSP branch, apply for a license to purchase, wait overnight/weekend, then if approved you need the seller to sign the transfer forms in triplicate which you then return to the police dept. for registration. that last part can be a sticky wicket if the previous owner is not available. if you don’t want to mess with it it might be worth asking your police dept (beforehand) what you should/are required to do if you run into that situation.


Kinja'd!!! Funktheduck > Rainbow
11/24/2016 at 14:11

Kinja'd!!!1

I would ask a lawyer to be safe.

With the guns, I think they’re yours if you buy them in the unit. You don’t need a license to sell or buy. I’m not sure if it’s like cars where if you sell a certain amount in a specific time frame or if it’s if you just want to set up and sell out of a building. You can sell them to pawn/gun store if they have an FFL. You may even be able to sell online on gunbroker.com. Any time you ship/mail a gun it must be done though a FFL dealer.

If you figure out the legalities and find any, hit me up.


Kinja'd!!! Frenchlicker > Rainbow
11/24/2016 at 14:44

Kinja'd!!!1

Technically you’re always supposed to clear a firearms sell through the police first I believe. However that is always a grey area. I also recall watching those auction shows awhile back and some states require that if an auction company’s knows or is told that there is a firearm in a locker to have it looked at by police(stolen, evidence etc). As for the motorcycle ask the DMV or BMV what you would need.


Kinja'd!!! E92M3 > Rainbow
11/24/2016 at 19:06

Kinja'd!!!1

You can apply for a new title for an abandoned vehicle/bike. A friend of mines brother owned a towing company here in GA, and would obtain titles for cars people couldn’t afford to pay the towing/storage fees on, or thought weren’t worth paying the fees on. I bought an XJ Cherokee from him that someone never came back for. If they ran he would sell them. If they wouldn’t start, he’d hold an auction every couple months for those.