Question about selling a pistol

**Misery Loves Shotguns** · April 8th, 2012, 06:49 PM

I'm pretty sure I already know the answer but here is the situation; my brother is USMC and lives in San Diego, CA for another two years. In the meantime, I have his guns. He's broke right now and asked me if I could sell his 1911 for him and I'm 90% sure that I can't because it's not my gun. I could always have an FFL ship it to him out there because it would be a CA legal pistol but the problem with that is that I don't know CA law on private sales of handguns and I'm not even sure if he's even technically a CA resident. Not to mention that I don't think he can have his personal firearm in the barracks. I know that I could sell his AK for him but he'd come through the phone and kick my ass if I even suggested that! Thoughts?

**Philadelphia** · April 9th, 2012, 09:06 AM

Originally Posted by Misery556

I'm pretty sure I already know the answer but here is the situation; my brother is USMC and lives in San Diego, CA for another two years. In the meantime, I have his guns. He's broke right now and asked me if I could sell his 1911 for him and I'm 90% sure that I can't because it's not my gun. I could always have an FFL ship it to him out there because it would be a CA legal pistol but the problem with that is that I don't know CA law on private sales of handguns and I'm not even sure if he's even technically a CA resident. Not to mention that I don't think he can have his personal firearm in the barracks. I know that I could sell his AK for him but he'd come through the phone and kick my ass if I even suggested that! Thoughts?

The easiest answer is for him to get a few days leave and sell them on his next visit home. For you, you have two issues.

One, you can't sell anything that isn't yours. If you had a valid power of attorney from him to sell them, then you would at least have the power to sell them.

Next, if he "left" them with you and you have the ability to excise dominion over them, ie possess them, that would likely be viewed as a loan of them and for handguns, you need to have a valid PA LTCF or that loan (essentially a type of transfer) is illegal.

If you have a valid PA LCTF and your brother's power of attorney to sell the gun, you could technically legally bring the pistol to an FFL and sell it. As a practical matter beyond that, I don't know that you'd find an FFL willing to do the transfer using a power of attorney.

**Xringshooter** · April 9th, 2012, 09:14 AM

If you have control of his guns and he has given you permission to sell any/all of them (get it in writing), then you can sell them. If it is a handgun, you will fill out and sign the section on the PSP Form SP4-113 for the sellers info. He could also formalize the process by going to the legal office on base and having a limited power of attorney drawn up to allow you to sell his guns.

As a single military member he would not be allowed to keep the gun in his barracks room. He would have to store it/them in the armory and withdraw/return them each time he wanted to shoot them.

If he joined when he was a resident of PA, unless he has changed his home of record, he is still a resident of PA no matter where he is stationed. He actually is a dual state resident as most, if not all, states recognize military members stationed (by military orders) within the state as a state resident.

**Misery Loves Shotguns** · April 9th, 2012, 11:02 PM

Don't worry about it. He must not have needed the money that badly because he hasn't gotten back to me about this. Not that it looks like there's much I could have done for him anyway though.