TexasCHLforum.com

03Lightningrocks wrote:My point is, just as some of us feel it prudent to protect ourselves from liability, the City of Austin is simply doing the same thing.

I personally feel both are wrong...maybe it is just me.

I think we are really saying the same thing. The City/ATF is forcing the hand of the sellers to require a procedure that is not how the law states the sale has to be made. Now, as a private individual selling a gun, I should be able to choose how, what, if I get information form a buyer, and what that information is. I should NOT be forced into it by the city or ATF coercing me. My only obligation is follow the law to feel that the sale is to a person is legal. How/if I choose to document it as a seller is MY decision, not theirs.

03Lightningrocks wrote:

Keith B wrote:

03Lightningrocks wrote: The law doesn't say you must write down my name and DL. Welcome to the business of infringing on our constitutional rights. The problem we have is explained in actions such as this. You have a justification for violating the RKBA just as the Austin PD.

No, it doesn't, but I do the same thing. It is the choice of the person selling to ensure that they are comfortable with the transaction. I have asked for CHL before. I choose who I sell to, and if they don't want to show a drivers license or CHL, then that is their choice also and they can move on to buy from someone else.

Edit to add: And it is not the same as filling out a government form that is filed away. Also, I will bet the FFL will want a transfer fee.

The key wording that I was referring to was WRITE DOWN. I typically ask to see a DL also. I do not make a written record of that information. Again...I objected to the WRITING DOWN of this information as it IS a violation of our RKBA just as the City of Austin has the right to make the RULES tougher but in doing so, they are in violation of our RKBA. Requiring a CHL is also a violation of our rights...but, what are ya gonna do?

I still disagree. Writing down the information is not the same as filling out a form for the ATF. I keep the information in case there is a question or problem later on where the gun is stolen or possibly used in a crime, I can go back and know who it was sold to. Some people actually use a bill of sale; no different.

If you choose not to write it down if selling or provide the information if buying, then that is your choice. I don't see any rights violation on a private sale.

03Lightningrocks wrote: The law doesn't say you must write down my name and DL. Welcome to the business of infringing on our constitutional rights. The problem we have is explained in actions such as this. You have a justification for violating the RKBA just as the Austin PD.

No, it doesn't, but I do the same thing. It is the choice of the person selling to ensure that they are comfortable with the transaction. I have asked for CHL before. I choose who I sell to, and if they don't want to show a drivers license or CHL, then that is their choice also and they can move on to buy from someone else.

Edit to add: And it is not the same as filling out a government form that is filed away. Also, I will bet the FFL will want a transfer fee.