Best Way to Sell Personal Build Rifle

[cohunt]

So can pawn shops be sued for selling unsafe used firearms? I've bought from several and they sell with a waiver that basically says "as is, not tested or inspected by seller, it's the responsibility of the buyer to have said firearm inspected by a certified firearms expert or gunsmith to entity safe condition and operation before firing"

 

[Muddyboots]

So can pawn shops be sued for selling unsafe used firearms? I've bought from several and they sell with a waiver that basically says "as is, not tested or inspected by seller, it's the responsibility of the buyer to have said firearm inspected by a certified firearms expert or gunsmith to entity safe condition and operation before firing"

Good idea! Even as basic protection these days. It at least sets the table for responsibility.

 

[wasskeet]

selling it as a parts kit with assembly required that should eliminate your liability.

+1 - I agree, probably the best way to handle it.

 

[Shane Lindsey]

What is the overall length you need to shoot these "correctly".

I ask because I just had a Baney box installed in my Rem SA to allow me to load long. Might be worth the $150 unless you just don't want the rifle anymore.

 

[chav0_12]

Or sell it to a gun guy that does the same sort of stuff. I know I'd be all over something like that and I'd rather not buy all the parts from you.

 

[skipglo]

So I have a 300 WSM I "assembled"; 700SA 300 WSM SPS, 26" Sendero contour 1:10, short throated to compensate for 2.90" max magazine COAL which has worked out well, Magpul stock, Magpul detachable AICS or standard bottom. Standard Rem trigger.

My issue is the product safety liability that once I sell it, it can bite back later. Even if s gunsmith looks over, the product safety will always stay with me.

So I am thinking better to part out plus I think I can get better return.

So what do you think?

I think...you think...too much! I know south of our border it's sue and be sued for darn near anything...but SOLD AS IS WHERE IS...must still mean something? Or not...lol!

 

[skipglo]

Just over thinking a potential risk in a litigious crazy society is a normal thought these days. Thanks for detailed input and explanation.

Heck Muddy....at your age....a life sentence ...doesn't mean that much anymore!

 

[nksmfamjp]

I'm no lawyer and this is really lawyer territory. So please take this as BS read on an Internet forum with no meaning.

Liability has a legal definition. A lawyer can tell you exactly what it is….until it changes. Legal definitions can be challenged and do change daily. You are only liable for what you know and what you do.

If you have evidence that you know there is a problem, like a gunsmith returned the rifle to you as unsafe, then you need to be able to show evidence it was repaired or declared safe by an expert.

If you performed work, you need to be able to explain how you used a standard process, it was tested safe and/or declared safe by an expert.

Custom rifles are really the work of the parts makers and the work done by the gunsmith, right? What is your liability?

If it blows up, what is the evidence that you caused it or knew about it? I mean, even if you go into extreme metallurgy, dna type analysis? Then how will they prove you knew it was unsafe?

 

[jvr]

You can sue a ham sandwich. Doesn't mean you will get a bite. Usually the selling party will have to know of the defect. (Which you will have to prove). Then you will have to prove that the seller knowing sold the defective item and did not convey the defect (verbally would be difficult to prove or disprove). Written and witnessed is probably the only thing that would hold up. Now comes the damage issue. If you could prove all the above and the injury was severe. Blinding. Loss of life or life functions. Limbs etc. you would have a case. Now getting a judgement is one thing. Now you have to try and collect it. Easier said than done with dishonest people.

No I am not a lawyer but I have spent enough good money chasing dead beats.

So no on suing the pawn shop or individual unless you want file a nuisance claim and those can run way more than most custom guns. (Unless you have someone to do it for free).

 

[Mrvmax]

Hey Muddyboots
I am trying to think why you would bring up this subject on "Product Liability" for selling one of you firearms. I have worked for International & National Insurance companies in a upper management positions in their "Loss Control Risk Improvement" divisions.
If there was some reason for a Product Liability Suit due to an issue with a firearm the parties filing suit would not look at a private seller of a firearm. They would be looking at the manufacture. If there was a firearm involved for the suit they would look at everyone that "Touched" the firearm including every part bought and installed.
At this time there are laws in place that prevent Firearms manufactures from being "Sued" this mostly pertains to "Criminal Activities", but there has been multi million $ suits in the past. One to bring up was Remington and the "Safety" on model 700.
I don't want to get into a thousand page dissertation, but a private seller - selling to another private person is not going to gain any attention for a private person to be sued due to a "Product Liability" of a firearm. One the thoughts mentioned of "Piece/Parting" out the rifle/firearm out. You will have the same liability as the "Whole" firearm. Selling parts that you have puts you in the "Chain of Command" on handling the items.
If you are a manufacture you have the Product Labiality coverage. If you are a Retailer you most likely covered by the manufacture.
If you are a Gunsmith and registered as a LLC (Limited Lability Company) means that the owners cannot be "Personally" held responsible. Your business may be finically responsible, but not you. This would most likely come into GROSS Negligence cases. Attorneys only want to take cases where there are DEEP pockets like manufactures. They are not going to waste their time trying to put suit on a induvial.
So Hunters/Shooters do not worry about selling you firearm and "Product Liability" on this forum or any other forum or to one of your friends.

Good points, I wasn't even sure why the OP was so worried about a lawsuit. He is over thinking it.

 

[JustMe2]

So can pawn shops be sued for selling unsafe used firearms? I've bought from several and they sell with a waiver that basically says "as is, not tested or inspected by seller, it's the responsibility of the buyer to have said firearm inspected by a certified firearms expert or gunsmith to entity safe condition and operation before firing"

Anyone can be sued over anything. Lawyers love taking your thousands of dollars for frivolous lawsuits. A lawyer retainer is usually $4000+ and then they charge you more once you're hooked to complete the case. The pawn shop didn't design or manufacture the rifle, they are only reselling it. Don't buy it if you inspected it and it looks unsafe -- buy a new one.

 

[Mrvmax]

Anyone can be sued over anything. Lawyers love taking your thousands of dollars for frivolous lawsuits. A lawyer retainer is usually $4000+ and then they charge you more once you're hooked to complete the case. The pawn shop didn't design or manufacture the rifle, they are only reselling it. Don't buy it if you inspected it and it looks unsafe -- buy a new one.

Most businesses know the waivers really only discourage lawsuits, signing them does not exempt them from lawsuits. I think there are differences in an individual selling and a business selling (mainly in the fact that people see dollar signs with businesses).

 

[Bob Wright]

If you have an "umbrella policy" on everything you own you would not lose anything at least in my state. But, I wouldn't lose sleep over a gun sale.

 

[Alibiiv]

Heck Muddy....at your age....a life sentence ...doesn't mean that much anymore!

Just remember, " Old age and treachery will outdo youth any day!!!!"