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Products banned in some states.
What are my responsibilities?

 6:32 am on Jan 14, 2007 (gmt 0)

I was wondering if anyone here has experience with selling products that are banned or require licensing in some states? One of the products I will be selling on my website is a non-lethal weapon and is banned in a few states and requires licensing in at least 1.

My question is wheather it is my responsibility or my customers' to be in compliance with these laws. Should I only post a disclaimer or actually prohibit the sale? Any Comments?

// Dan



 7:08 am on Jan 14, 2007 (gmt 0)

We're your attorney?


 7:36 am on Jan 14, 2007 (gmt 0)

Dan, you're asking questions on the wrong forum.

There's an extremely good forum I frequent every day. Many of the members are either owners or employees of stores that sell products such as you describe. And those folks are more than willing to answer any questions you have.

I've sent you a private message with the URL to the forum. I hope that doesn't violate the WW terms of service, but it seemed like a better idea than getting into arguments over whether or not members here are your attorneys.


 11:45 pm on Jan 14, 2007 (gmt 0)

No jtara, you are abviously not my attorney. If you had read my question you would know I was asking if anyone had experience in this matter.


 3:55 am on Jan 15, 2007 (gmt 0)

My question is wheather it is my responsibility or my customers' to be in compliance with these laws. Should I only post a disclaimer or actually prohibit the sale?

That's a question for a lawyer. Nobody else can tell you what your responsibility under the law is.

That said, DickBaker's answer is great. He's pointed you to a place where you can see how others have handled this, and that should at least give you some good questions to ask your attorney.

Sorry, but I shudder every time somebody asks a legal or accounting questions here. In most cases, they already know the answer they want, and will use the answers as a rationalization.

I know many are distrustful of lawyers and accountants, and view a visit to one with about as much pleasure as a trip to the dentist.

I have to say, I have one of each (all three, in fact - even the dentist, LOL) that are knowledgable, reasonably-priced, on my side, and a pleasure to do business with. If this isn't your attitude about your attorney and your accountant, you need to find another one.


 5:10 pm on Jan 17, 2007 (gmt 0)

As the other posters said, you really need to talk with an attorney..

The laws can be really crazy at times. I was at a gun show looking at a barret light 50 .. A HUGE 50 caliber rifle.(just looking, not buying). An announcement came over the PA system that some vendors were selling brass knuckles and that they were to stop immediately as brass knuckles were illegal in this location...

A lot of sites and catalogs have disclaimers that the buyer is certifying that they are legally allowed to purchase the items. However, you need an attorney to tell you if that will work for you and if the wording is right.

One more crazy example.. We recently had a change of law in PA that allowed people to open fireworks stores. The catch is that they cannot sell to pa residents. However, most of the states adjoining eastern pa also ban fireworks.. go figure.. The legal system was designed by lawyers to enrich lawyers...


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