Not sure if this is the right place for this...

[Endymion]

My dad recently passed and left me a fairly large inheritance. He was a lifelong proponent of responsible armed citizenry, an NRA lifetime member and, during the sixties, a guy who wasn't afraid to try and shake things up for his beliefs.

In his honor I want to do something with part of my inheritance to support one of the things he held most dear: our right as law-abiding citizens to keep and bear arms. And so I am asking for input on the legality and feasibility of what I am calling "The Great Mosin-Nagant Giveaway".

To put it shortly and because the private sale of firearms to non-criminals is legal and requires no paperwork or background check I want to give away as many Mosin-Nagants ad I can. Probably 200-300 of them, for a penny.

The only requirement would be that the purchaser hold a valid CCW from any state so that I can be reasonably sure they are not a felon and have some basic firearms handling experience. I hope the prospect of future Mosin giveaways will encourage more citizens to get their CCW.

I want this to be public and hopefully repeated at some point. I want to raise awareness for our cause.

What do you think?

Discussions about logistics are welcome but I am more interested in the legality and whether this would shed a positive or negative light on the pro-2nd amendment cause.

[pirateguy191]

Interesting. I'll be following this one. Sorry to hear about your father.

[Bama.45]

This is an awesome thing... Hope it goes well for you and you have my condolences regarding your father.

[WestonDon]

Sorry to hear of your dad. Sounds like he was a good guy. I will not comment on the legality as I am sure others more qualified than I will be along shortly to do so.

My first thought when I read your post was, man, this is going to draw the attention of the BATFers like flies to roadkill. Be careful my friend.

[Sevens]

I will second the condolences-- it sounds like our cause lost a good one and I love the idea that you'd like to see his spirit endure with such a venture. This should be applauded!

However, that's where we will part ways. I think it is a very ill-conceived idea and if executed a certain way... Well, the good guy's lawyer would cost more than 300 Mosin Nagant rifles.

[Qfac]

Condolences on the passing of your Dad.

I think your quest is awesome, I am in for one if there are any left.

Ron

[Javelin Man]

Sorry for the passing of your father.

I might lean toward creating a Foundation that supplies .22 rifles to boys/girls clubs or 4-H clubs. Just a thought as it would teach young generations the pleasure of shooting and safety, not just supplying high-powered centerfire rifles to people who may already have these guns or comparable rifles.

Your idea is noble, keep up the brainstorming and you'll get everything figured out to keep your father's memory alive. Shortly after my father passed away, my piano teacher passed away and she willed a fair amount of money to me so I took that and purchased naming rights in both their names for a rehearsal room at a local community college that expanded their music department and had practice and rehearsal rooms available for naming rights.

[JustaShooter]

Allow me to join in offering condolences for your father's passing.

I might lean toward creating a Foundation that supplies .22 rifles to boys/girls clubs or 4-H clubs. Just a thought as it would teach young generations the pleasure of shooting and safety, not just supplying high-powered centerfire rifles to people who may already have these guns or comparable rifles.

This idea is one I like - a lot - especially since I am involved in providing basic firearms safety and education for youth and family camps over the summer. It speaks to me.

However, if you decide to give rifles to individuals, I would suggest using the services of an FFL to run checks on the recipients of your generosity - yes, there are those that would grumble and perhaps even decline to participate as a result, but it would certainly help prevent any issues with transferring a firearm to a prohibited person. Yes, I know it wouldn't be required, but it seems prudent to me at least.

[ScottyPotty]

I'm sorry to hear about your dad. I just lost my father in-law a few months back.

I wish you nothing but the best in your efforts. One thought crossed my mind is to require membership to the NRA for the one cent rifle.

[schmieg]

You could also donate one or more for door prizes at the Party In The Park we have scheduled for August 15.

[MyWifeSaidYes]

Don't you just love the cautionary tone everyone seems to be taking?

When I created my training company, BetterToHaveIt.org, my ultimate goal was to be able to provide Ohio CHL courses for FREE to financially-challenged individuals and to provide a grant to successful students that would cover the first $67 of the CHL processing fee.

I've also wanted to buy a 10-pack of polymer AR-15 lower receivers and start handing them out during the next open carry walk to anyone who can answer these 3 questions to my satisfaction:

1) Are you an Ohio resident?

2) Are you 21 or older? (18 for a rifle)

3) Are you allowed, under state AND federal law, to possess a firearm?

If they tell me "Yes" to all three questions, I'll sell it to them.

I have NO training or qualifications to verify the authenticity of any government-issued ID, whether it's a driver's license or a CHL.

I also have NO ACCESS to the NICS background check system as a private individual selling private property.

As long as I have no reason to suspect the person isn't allowed to buy the firearm, I may LEGALLY AND WITHOUT GUILT sell that person the firearm.

If the buyer lies to me, that's HIS or HER crime.

[sd790]

As much as I'd like to say, "I want a rifle!", there may be some better options. Donations to the Pro 2nd Amendment organization(s) of your choice or supporting the encouragement of shooting sports for our youth may be a better uses of the funds.

Derek DeBrosse is a pro-gun attorney with a focus on estate planning. (He represents OFCC in recent litigation.) You may want to look him up to get some sound advice. Disclaimer: I am a client and get no kickbacks.

Total respect to you for thinking of others and honoring your father in such a way. Best of luck to you.

[BobK]

Sorry for your loss.

To put it shortly and because the private sale of firearms to non-criminals is legal and requires no paperwork or background check I want to give away as many Mosin-Nagants ad I can. Probably 200-300 of them, for a penny.

I wold suspect that a safer position would be simply giving them as gifts. "Selling" the firearms, even for a penny, could possibly get construed by the whacko bastards at the BATF***ers as being "in the business" and trigger them getting excited about you not having an FFL.

Whereas, there are no restrictions on giving gifts.

I'd simply give them as gifts.

However, your statement about giving them to people who are licensed to carry gives me pause. Generally, they have already demonstrated the financial means to purchase things like this for themselves. I like the idea of gifts to youth groups who may otherwise not be able to afford to learn how to shoot. Who knows, your gift could get a youth excited enough with this newfound sport, kindling a love of firearms, that they end up influencing laws or regulations as a firearms activist, lobbyist, or politician. Now that would be a real legacy/memorial to your father!

I'd also consider "seed funding" the creation of air rifle or .22 shooting teams at local high schools in your area. Directly influence the youth where you live.

I would also like to celebrate for a moment your generous heart!!!

[gaptrick]

Sorry about your dad. It sounds like he was a fine man. I know he raised a fine man for a son to be thinking of his father's wishes and wants above your own.

Good luck to you. Whatever you choose to do I'm certain your dad would approve.

[SeanC]

Without offering legal advice, I don't expect any problems.

As a private seller, you're not under any duty to inquire whether someone may legally purchase/possess firearms. You're just under a duty to avoid selling to a person who you "know or have reasonable cause to believe" is disqualified from possessing firearms. 18 USC 922(d). That doesn't mean you can be willfully ignorant, but it does mean that you're generally going to be okay as long as you are using common sense and a measure of prudence.

Also, you're probably do not need an FFL despite the volume of sales/transactions/transfers. You don't need a license unless you're a "dealer." 18 USC 922(a)(1)(a). A dealer is anyone who is "engaged in the business" of selling firearms wholesale or retail. 18 U.S.C. § 921(a)(11)(A). The ATF defines someone who is "engaged in the business" as "means a person who devotes time, attention, and labor to dealing in firearms as a regular course of trade or business with the principal objective of livelihood and profit through the repetitive purchase and resale of firearms." 18 USC 921(a)(21). Since you're definitely not making money, I think you're ok.