Sig Sauer P226 .9mm Para

[neggy]

I am familiar with the case, it is being discussed on a gun forum myself and a couple of other members from this board frequent.

The case has no merit as the store owner was not engaged in the retail or wholesale business of selling guns, he was just posting something on his bulletin board, the same way we do it here electronically
.

There is someone over on the other board who has researched this and I suggested to him that he file a friend of the court brief pointing out the mistake in law that has been made, that being that since the seller was not acting as a dealer, he is exempt from chapter 159's requirements and the ATF rules.

Here is a letter to the editor, sent to the paper from the wife of one of the other forums members, who knows the person who was trying to sell the gun. Please note the cites of court decisions and state laws that prove that anyone can sell a gun under the conditions I outlined in a previous post.

<<<<<<<<<<<<<<<<<<<
A few months ago, the owner of a convenience store, in Brookline, NH, stuck up an index card on the store's bulletin board offering his personal gun for sale. A bit later the police arrested him for selling a pistol without a dealer's license under NH law RSA 159:10. The following is a letter to the editor that my wife wrote yesterday.

">> To the Editor:

Once again, the powers that be in NH law enforcement haven't a clue what New Hampshire firearm law is. This certainly applies to Assistant County Attorney, Kent Smith, who is threatening to indict William Batte, Jr., the owner of the Brookline General Store, for posting a notice in his store window stating he had a personal firearm for sale. Apparently, attorney Smith has not fully read or understood RSA 159 nor has he read recent case history; specifically State of New Hampshire v. Timothy Geddes, No. 04-S-104. The opinion and order issued by Robert J. Lynn, Chief Justice, on September 28, 2004, is clear. RSA 159.10 applies only to persons "desiring 'to sell at retail' pistols and revolvers." A license is not required for a person who occasionally sells a personally owned firearm nor are they precluded from advertising such. Anyone wishing to read this decision can "google" it easily. It took my husband 30 seconds.

Mr. Batte is absolutely correct in his assertion that he is innocent of any wrong-doing since RSA 159.10 applies only to persons who sell firearms as a retail business. Since Mr. Batte IS NOT in the business of selling firearms, his only constraint under NH law for the sale of his private Walther PPK is (a) it must be sold to someone "personally known" to him and (b) since the firearm is a handgun, it can only be sold to a resident of NH (federal law).

Sincerely,

>>>>>>>>>>>>>>>>>>

[neggy]

http://www.courts.state.nh.us/superior/superorders/geddes.pdf


BTW I am not a free stater, but as a conservative with very libertarian leanings I find there are areas where my ideals and that of free staters are closely aligned.

I am amazed that there are people on this forum who are arguing that the in the state of NH, which has some of the most Pro second amendment laws in the country,  that you, as a non prohibited person, do not have the right to purchase from a private party not engaged in the business of selling guns a firearms, even though I have explained in every way possible that it is legal, and under what part of NH law it is legal, and now have backed it up with case law.

[D Stewart]

I am amazed that there are people on this forum who are arguing that ... you ... do not have the right to purchase from a private party.

Bloody hell.  I can't help feel you are being obtuse here.  I *never* was warning about purchases, it was always about advertising the sale.  Further, I did not argue against the *right* to do x, y, or z.  I was merely advising folks of a statute I had recently become aware of because of the reporting on the Brookline case.  OK, I did not know about the strength of case law which makes the Brookline situation an absurdity, and as you say the prosecutor's position is entirely mistaken.

and now (I) have backed it up with case law

Yes, you have.  A profuse and heartfelt thank you for that.  Clearly my concerns were entirely unfounded, just as is the Asst County Attorney's case.  The Geddes decision is a great read, and for those of you who haven't the time to read it suffice to say that it makes clear that a person who makes only occasional or sporadic sales of pistols and revolvers but isn't and doesn't seek to be a retail dealer in these handguns doesn't need to concern themselves with 159:10 in any way.

The decision sums itself up rather nicely:

with the exception of prohibiting sales or transfers to convicted felons and to minors, see RSA 159:7 and :12, RSA 159 places no restrictions on the ability of private citizens to sell pistols and revolvers as long as this is not done with such frequency or regularity as to constitute a business

[neggy]

unless you are running a gun shop, or hold a FFL , a NH resident can sell a rifle or handgun in a FTF transaction, providing certain requirements are met.

I am not a lawyer so don't use the previous statement as legal advice

For goodness' sake, just go look up my earlier reference!  Rifle yes, but don't listen to neggy's advice if it's a handgun.  For any who would, I will save you the trouble of looking up my earlier reference.  Don't get me wrong: I think it's a ridiculous law.  I would just hate for anyone to get busted for a felony without their having intended to.

Those people who think they know everything really piss of those of us who do.

So what we have here is everything I said in my earlier posts was factually and legally correct, but because someone read something in the paper, it has to be the truth and I am wrong. After all the government never charges honest law abiding citizens with a felony by mistake or on purpose.

Here is the law in a nutshell, as I stated before

It is legal for a for a person who is not prohibited from owning or possessing a handgun, and a NH resident, to purchase from another NH resident who is not engaged in the retail business of selling firearms, or  a FFL holder, a handgun in a face to face transaction as long as the purchaser is " personally known" to the seller, or holds a NH resident pistol license.

I'm going back to my gun, bike, pilot and truck forums now.

[Lloyd Danforth]

Donald.  The next time you see someone here at risk of doing something they could be arrested for just keep it to yourself. No good deed goes unpunished here among all of the experts.

[neggy]

I must have pissed someone off my sacred Karma level has dropped by 1, oh whatever will I do!

[Lloyd Danforth]

Beats me why anyone would bother.

[Amos Keag]

Neggy,
If Scott is still selling the Sig,you take it...you've earned it!