Results 1 to 5 of 5
-
October 25th, 2010, 10:35 PM #1Junior Member
- Join Date
- Jun 2006
- Location
-
Philadelphia,
Pennsylvania
(Philadelphia County) - Posts
- 28
- Rep Power
- 0
A question for the lawyers among you...
It is my understanding that according to current PA law - if I leave a gun on consignment at a gun shop and the gun doesn't sell - if I want to take it back, I must undergo and pass the NICS/PICS background check to get it back.
What about a gun I leave for gunsmithing/repairs?
If a Pennsylvania FFL holder has to put a consignor's gun in his "Book" when he takes possession of it, why does he not have to do the same thing for a gun left for repair?
Inquiring minds and all that.
-V
-
October 25th, 2010, 10:58 PM #2
Re: A question for the lawyers among you...
_________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
-
October 26th, 2010, 09:06 AM #3Junior Member
- Join Date
- Jun 2006
- Location
-
Philadelphia,
Pennsylvania
(Philadelphia County) - Posts
- 28
- Rep Power
- 0
Re: A question for the lawyers among you...
PA Patriot...thanks.
I just found it 'odd' that, while no transfer takes place in either case, in one instance I have to undergo the check and in the other I don't.
-V
-
October 26th, 2010, 09:25 AM #4Active Member
- Join Date
- Sep 2010
- Location
-
West Chester,
Pennsylvania
(Chester County) - Posts
- 116
- Rep Power
- 131
Re: A question for the lawyers among you...
Law school was a long time ago, but the difference is that leaving the gun for repair is a "bailment" rather than a "consignment". A bailment is typically defined to be for some purpose - repair, in your question. Upon completion of the purpose, the bailee (gunsmith) has an obligation to return the goods. With a consignment, title to the property remains with the consignor, but passes through the consignee merchant to the buyer when they conclude a sale. So while you haven't yet transferred the gun, you (as the consignor) have done everything necessary for the title to change hands - the other steps are out of your hands.
Bottom line - a consignment is a transfer waiting to happen, but a bailment is no transfer at all.
-
October 26th, 2010, 09:35 AM #5
Re: A question for the lawyers among you...
Layman's terms...
You cannot "sell" what is not "Yours"....
Similar Threads
-
Question for one of our lawyers here, please
By HiredGoon in forum GeneralReplies: 0Last Post: April 3rd, 2008, 11:32 PM -
I have a question for the lawyers here.
By ironhorse in forum GeneralReplies: 2Last Post: March 11th, 2008, 09:46 PM -
An Open Question to our resident Lawyers
By CZ40P in forum GeneralReplies: 4Last Post: December 10th, 2007, 07:13 PM -
Question for the lawyers on the forum
By SuperMoose in forum GeneralReplies: 12Last Post: November 15th, 2007, 02:46 PM -
Question for LEOs or Lawyers on PAFOA
By cz_40p in forum GeneralReplies: 11Last Post: August 3rd, 2007, 08:57 AM
Bookmarks