sale of fathers handguns

[jhPA]

PA located

First:

I'm in the process of selling my fathers handguns. They are located some distance within state.

Is anyone aware of some type of 'power of attorney', or similar, that would allow me to take possession of the handguns with the objective of selling them ?

Without of course having to do a transfer of them all !

thanks
jack

[tl_3237]

Originally Posted by jhPA

PA located

First:
I am not quite clear on the sale/transfer to an out-of-state buyer of a handgun.

Is it permissible for me to ship directly to an FFL in another state.
It appears so, however what I have read, it is not explicitly stated.

Second:
I'm in the process of selling my fathers handguns. They are located some distance within state.

Is anyone aware of some type of 'power of attorney', or similar, that would allow me to take possession of the handguns with the objective of selling them ?

Without of course having to do a transfer of them all !

thanks
jack

Yes you can ship directly to out-of-state FFL but cannot use USPS. Send UPS or FedEX. Note: check with FFL first to see if they are willing to accept from private individual - some aren't. You won't find this explicitly stated. 18 USC 922 explicitly states you cannot ship interstate except to licensed dealer, manufacturer, etc.

Clarify if firearms part of estate or selling for father. If father alive, why are you selling and not him?

Do you have a LTCF?

[HiredGoon]

If your father is still alive, he can just give you the handguns legally, as you are his son. No transfer or paperwork is need. He gives them to you and they are legally yours and you may do what you want with them. Such as sell them and give him the money if you so desire.

That way your dad would not have to be involved in going to a firearms dealer to transfer them, although you would have to... if the buyer is not a parent, grandparent or child of yours.

If he is deceased, did he leave them to you in his will? Or are you acting as or for the executor of his estate?

[jhPA]

thanks,

I am selling them for him.

He would forget why he went to get the box for shipping the handgun !

I do have.

Originally Posted by tl_3237

Yes you can ship directly to out-of-state FFL but cannot use USPS. Send UPS or FedEX. Note: check with FFL first to see if they are willing to accept from private individual - some aren't. You won't find this explicitly stated. 18 USC 922 explicitly states you cannot ship interstate except to licensed dealer, manufacturer, etc.

Clarify if firearms part of estate or selling for father. If father alive, why are you selling and not him?

Do you have a LTCF?

[jhPA]

Originally Posted by HiredGoon

If your father is still alive, he can just give you the handguns legally, as you are his son. No transfer or paperwork is need. He gives them to you and they are legally yours and you may do what you want with them. Such as sell them and give him the money if you so desire.

That way your dad would not have to be involved in going to a firearms dealer to transfer them, although you would have to... if the buyer is not a parent, grandparent or child of yours.

If he is deceased, did he leave them to you in his will? Or are you acting as or for the executor of his estate?

I read previously here, that such an action, gifting to son, soon followed by selling, may raise eyebrows and possibly be circumventing the law !

this is why i'm seeking opinion.

[HiredGoon]

Originally Posted by jhPA

I read previously here, that such an action, gifting to son, soon followed by selling, may raise eyebrows and possibly be circumventing the law !

this is why i'm seeking opinion.

You're not circumventing the law at all. A father can legally just give handguns to a son without the need for a FFL transfer.

From the PA Uniform Firearms Act

TITLE 18 PA CRIMES CODES

§6111. Sale or transfer of firearms.

(c) Duty of other persons.-Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sher*iff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.

[bnkrtstk]

So whatcha sellin'?

[tl_3237]

Originally Posted by bnkrtstk

So whatcha sellin'?

http://forum.pafoa.org/firearms-6/60...tml#post747193 (fathers' collection)

[tl_3237]

Originally Posted by jhPA

I read previously here, that such an action, gifting to son, soon followed by selling, may raise eyebrows and possibly be circumventing the law !

this is why i'm seeking opinion.

As Hired Goon said, a father can give a son a handgun/longgun (both Pa residents) without any involvement of a transfer agent (FFL). If you sell them immediately afterwards I don't see an issue since I'm unaware of any law you could be accused of circumventing.

Of course I'm assuming that:
1. you are not a prohibited person;
2. Dad is mentally competent enough to gift the firearms.

More shipping info here (Shipping Answers (to questions that are often asked))

[GunLawyer001]

ATF frowns on "being in the business" of repeatedly buying & selling guns for profit. What exactly constitutes that is a gray area, but in this case, either acting on behalf of your father, or getting them as gifts and then selling them all as part of a one-time disposition of a collection, would seem to fall more in the area of permitted activity, and less like being an unlicensed dealer.

All sales of handguns to others MUST go through an FFL, even for in-state deals. Any face-to-face transaction should occur in an FFL's store, and should go through the FFL's books. The dealer will want to know who the seller is (that info goes into his bound book), and it sounds like you could make a valid argument that it's you, if your dad has gifted them to you.

For out-of-state sales, the easiest method is to use an FFL in PA who sends them to an FFL in the buyer's state. Most shipping companies have issues with non-FFL's shipping handguns, and sometimes it's illegal. And never ship to an FFL before he has agreed to the deal, and make sure you've agreed on what will happen if the buyer fails to pass NICS; who pays to ship it back, for example.