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Firearm registration after private sale

turbodog

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[align=justify]Came across these while doing a little law browsing. To my knowledge, Louisiana does not prohibit private sale of firearms between individuals (except felons of course). I've bought and sold a few myself over the years and never registered any.[/align][align=justify]Just wondering if this is a potential problem for anyone who carries and hates the idea of notifying government just what one has and where to come to take it.
[/align][align=justify]
[/align][align=justify]RS 40:1783. Registration with department of public safety[/align] [align=justify]Every person possessing any firearm shall register with the department the number or other mark identifying the firearm, together with his name, address, and place of business or employment, the place where the firearm is usually kept, and, if the person is other than a natural person, the name and home address of the executive officer thereof having control of the firearm and the name and home address of the person having actual possession thereof.[/align][align=justify]
[/align][align=justify]and
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[/align] [align=justify]RS 40:1785. Possession or dealing in unregistered or illegally transferred weapons[/align] [align=justify]No person shall receive, possess, carry, conceal, buy, sell, or transport any firearm which has not been registered or transferred in accordance with this Part.[/align] [align=justify]Amended by Acts 1950, No. 316, §11.[/align][align=justify]
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ManInBlack

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I have never heard of gun registration in Louisiana (and neither in Washington or Alaska, where I'm from), and would never willingly move to a state that had it. If this is true, a friend of mine may be in severe violation of the law...

I hope someone can clarify this.
 

charlie12

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From the State Police Concealed Handgun Permit website.

Q. Do I have to register my handgun with the state?

A. No, Louisiana state law does not require registration of handguns unless the serial number is obliterated. Refer to L.R.S. 40:1781 (3).
 

turbodog

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charlie12 wrote:
From the State Police Concealed Handgun Permit website.

Q. Do I have to register my handgun with the state?

A. No, Louisiana state law does not require registration of handguns unless the serial number is obliterated. Refer to L.R.S. 40:1781 (3).
Roger that Charlie12. Clarification was indeed in that section. Thanks.

(3) "Firearm" means a shotgun having a barrel of less than eighteen inches in length; a rifle having a barrel of less than sixteen inches in length; any weapon made from either a rifle or a shotgun if said weapon has been modified to have an overall length of less than twenty-six inches; any other firearm, pistol, revolver, or shotgun from which the serial number or mark of identification has been obliterated, from which a shot is discharged by an explosive, if that weapon is capable of being concealed on the person; or a machine gun, grenade launcher, flame thrower, bazooka, rocket launcher, excluding black powder weapons, or gas grenade; and includes a muffler or silencer for any firearm, whether or not the firearm is included within this definition. Pistols and revolvers and those rifles and shotguns which have not previously been defined in this Paragraph as firearms from which serial numbers or marks of identification have not been obliterated are specifically exempt from this definition.
 

turbodog

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From the FAQ:
Do firearms need to be registered?
Regular firearms that you would go and buy in a store do not need to be registered.


This kinda was my interest in the original post. Note the FAQ says "buy in a store".

Now I figure when you buy a gun from a store, there's a record of your purchasing it. I don't know about it being "registered" at that point.

But when you buy one through a private seller, unless you get a bill of sale there is no more paper trail on that firearm. It ends with the last guy who had a bill of sale or the original purchase receipt depending on how many hands it's been through.

So when a LEO runs the serial number does he get the name of the guy that first purchased the gun? Or does he simply get a "stolen" or "not stolen" message with no info on ownership?
 

charlie12

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turbodog wrote:
From the FAQ:
Do firearms need to be registered?
Regular firearms that you would go and buy in a store do not need to be registered.


This kinda was my interest in the original post. Note the FAQ says "buy in a store".

Now I figure when you buy a gun from a store, there's a record of your purchasing it. I don't know about it being "registered" at that point.

But when you buy one through a private seller, unless you get a bill of sale there is no more paper trail on that firearm. It ends with the last guy who had a bill of sale or the original purchase receipt depending on how many hands it's been through.

So when a LEO runs the serial number does he get the name of the guy that first purchased the gun? Or does he simply get a "stolen" or "not stolen" message with no info on ownership?

The first part of your post covers most of it. If I buy a gun from Walmart and you come along a year later and want to buy it from me. If I don't do a bill of sale with you the paper trail would stop with me. If something goes crazy and they try to track the owner down and they go to the store and pull the paper work they are going to come to me. I would then have to try to explain to them who I sold the gun to.

That's why you need to do a bill of sale when you sell a gun, to protect your butt.

As far as the LEO running the serial numbers, He would ask his dispatcher to run the gun to see if it was stolen in the NCIC. That will only tell them if it has been reported stolenand what agency entered it into NCIC. No names just the reporting agency.
 

Pro OC Cop

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Turbodog,

I may be mistaken, but if you go to the beginning of that section, it should define the terms used in that section. Firearm in that section refers to machine guns, short barreled rifles and shotguns, etal.

Years ago I had an argument with another officer regarding this. He was adamant that they had tried to slip one past us until we read it in its entirety. I will try to find more and posts it.
 

Pro OC Cop

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I guess I should have read more. I didn't realilze that you had already answered your own question.
 
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