I wanna pick your brain

[kevindsingleton]

Florida is very similar to Texas, in that you don't have to fill out the forms for private sales. Even FFLs can sell from their "private collections" without a background check, but not from "store stock". That's the "gun show loophole" you've heard so much about.

Your friend needs to know whether he's prohibited, and it's very possible that he might be, which could make him a felon for purchasing the gun in Florida. There's a web site where you can look up your record. I have a friend who's a police officer who gave me a link to a site that provides some information about criminal cases in PA, but not the maximum possible sentence. It should be easy enough to find, from there, though.

PM me if you want me to look it up.

[knight0334]

Originally Posted by JonnyBeGood86

Ok, I have a co-worker who just moved back to Pa and I want to get him on track with the Pa gun laws. I gave him a pamphlet already but there were Q's the I couldn't answer with 100% assurance that what I thought was right. So lets call him Fred. When Fred was younger he got what I think it was a simple assault or some kind of assault, I'm not sure, he got 3 weeks in jail and paid a $4k fine. He moved to Florida about 7 years ago and while he was down there he went to a Sheriffs auction/flea market where he bought a handgun. He said he didn't have to fill out any paper work or go through a background check of any kind. I don't know how this is possible but it's what he said. He then went to get a carry permit and was denied because of his incident back in Pa. Well now he's back in Pa and like I said I'm trying to make sure that he's gonna be legal and not get in trouble. I told him to apply for his LTCF because he told me he keeps his handgun in his car loaded. I already told him if he has his gun in his car to unload it and keep the ammo and firearm separate. I also told him he could OC without a license, but I'm just worried about his handgun. As far as his LCTF, I'm pretty sure he should be able to get it since he served way less than 2 years unless there is something I'm missing. All I remember was that he said it was an assault charge and what time he served. Second and most important, what about the firearm he bought? Is Florida immune to the FFL laws? I highly doubt he's lying to me, he has no reason to, I just don't know how it's possible to buy a handgun without a transfer. Ok, even if he did fill out the paper work/background check, is there anything he would have to do to bring a handgun into Pa? I know there's no real registration, but I'm making doubly sure. He did say that he knows the guy at the Mount Penn/Exeter gun store and I recommended that he go there to ask him all of these questions about the LCTF and handgun. I await your endless knowledge.

Its possible because it was a private sale. Only commercial sales in Florida require a background check and waiting period. Which, if he is a prohibited person due to his prior incident, he could face all sorts of time in jail as a felon.

Florida is not immune to FFL laws. Federal government only regulates commercial and interstate transfers, NOT private transfers. And Florida does not have any further requirements. As a Florida resident, you can buy/sell/trade your guns to other persons just like you can a used DVD player. ...but, the seller cannot transfer a gun to someone he/she knows is prohibited, or knows that they will use it in a crime. A person prohibited from buying from a FFL is still prohibited from buying from a private person.

Amount of time served means nothing, the amount of time he could have been sentenced to does.

If he is not a prohibited person, nothing needs to be done. If he is prohibited, he needs get rid of it like yesterday..

[jerkin]

Do not tell him to try to purchase to find out if he is prohibited, though it seems to be rarely enforced there are serious repercussions to that. Go to this website, look up his name and post what charges come up. Once you know what he was convicted of you can probably figure out if he is prohibited or not.

http://ujsportal.pacourts.us/docketsheets/cp.aspx

You need to know what county he was tried in.

[knight0334]

Originally Posted by JonnyBeGood86

I highlighted in bold.

So if he legally bought it in Florida since there is no background check down there, does that mean he can legally own that gun in Pa? Even if he would be denied from purchasing another one here(not saying he is)? Or how does that work?
Oh, and to clarify it was a Sheriffs sale, as in someone didn't pay taxes(or something like that) so the County Sheriff hires an Auction company to come in and sell all of the stuff. Since its not an FFL theres no paperwork. I only just told him about carrying the gun in the car, next time I see him I'll check and see if he listened or not. I'm also going to get the story straight too. I'll try to find out the specifics of the charges and I'll tell him to either get a background check from PSP or try to purchase a gun(which I doubt with money being tight).

There is a background check on commercial sales. Private sales are not regulated by the federal goverment(except interstate), or like PA.

Sheriff sales down there are for confiscated items, tax foreclosures, lean foreclosures, court awards, etc, etc..

[JonnyBeGood86]

Ok I talked to him today and he listened to me about removing his gun from his car. Good for him. As far as him being prohibited, well I wish he would have given me this information before and it would have saved a lot of trouble. Not only did he buy a gun privately but he said over the years that he lived down there he bought and traded a few guns not just privately but 1 or 2 were through a dealer who actually did a background check. When I asked why he didn't tell me before he said I didn't ask and he only owns the gun he bought from that Sheriffs sale and one other he has owned for a very long time. I guess he's right, I should have asked if he EVER had a background check done after his trial and not just when he bought that one gun. So while this was a waste of time, I now know a bunch of things I didn't know before, which could help me or others down the line. I appreciate the input and while he can own guns, he was denied a LTCF in Florida so I told him he can try up here and if he's denied I know from this forum that he could challenge and possibly get his privileges back.

[ErSwnn]

Glad it all got straightened out ok here. Now advise him to get his LTCF and he's all set. Sorry if I came off as cynical before, but from the little I had to go on, it sounded fishy.

[max384]

Originally Posted by ErSwnn

Glad it all got straightened out ok here. Now advise him to get his LTCF and he's all set. Sorry if I came off as cynical before, but from the little I had to go on, it sounded fishy.

^^^^What he said. It sounded real shady to me at first... of course I didn't know that firearms could legally be purchased that way in FL.

[anonymouse]

Originally Posted by JonnyBeGood86

Ok I talked to him today and he listened to me about removing his gun from his car. Good for him. As far as him being prohibited, well I wish he would have given me this information before and it would have saved a lot of trouble. Not only did he buy a gun privately but he said over the years that he lived down there he bought and traded a few guns not just privately but 1 or 2 were through a dealer who actually did a background check. When I asked why he didn't tell me before he said I didn't ask and he only owns the gun he bought from that Sheriffs sale and one other he has owned for a very long time. I guess he's right, I should have asked if he EVER had a background check done after his trial and not just when he bought that one gun. So while this was a waste of time, I now know a bunch of things I didn't know before, which could help me or others down the line. I appreciate the input and while he can own guns, he was denied a LTCF in Florida so I told him he can try up here and if he's denied I know from this forum that he could challenge and possibly get his privileges back.

that doesn't necessarily mean he's not prohibited. He needs to find out what charges he was CONVICTED of, and the maximum sentence at the time of conviction. It would probably be a good idea to speak with a lawyer also.

Occasionally people that are prohibited pass a background check.

Originally Posted by jerkin

Do not tell him to try to purchase to find out if he is prohibited, though it seems to be rarely enforced there are serious repercussions to that. Go to this website, look up his name and post what charges come up. Once you know what he was convicted of you can probably figure out if he is prohibited or not.

http://ujsportal.pacourts.us/docketsheets/cp.aspx

You need to know what county he was tried in.

The information in the UJS isn't guaranteed to be complete and/or accurate.

Originally Posted by UJS Website

Recent entries made in the court filing offices may not be immediately reflected on these docket sheets. Neither the courts of the Unified Judicial System of the Commonwealth of Pennsylvania nor the Administrative Office of Pennsylvania Courts assumes any liability for inaccurate or delayed data, errors or omissions on these docket sheets. Docket sheet information should not be used in place of a criminal history background check, which can only be provided by the Pennsylvania State Police.

Originally Posted by Armed_in_Lancity

Best is to go to a shop and try to buy a gun. Cheapest and most quickly effective way I would know. You WILL have an answer in 10 minutes.

I don't believe that's a good idea. I don't know all the details, but I would not recommend it. Isn't attempting to purchase a crime if you are prohibited? Anyone have a statute they can reference?