Pennsylvania Firearm Owners Association
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  1. #1
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    Default Question about 18-21 transfer ?

    Hi,
    I'm new to the site but I have a question I couldn't find anywhere.

    If I have a pistol that was gifted to me by my father when I was 18, and want to sell it to upgrade, can I go through an FFL to sell to another individual?

    To clarify, I'm now of age, but when the pistol was originally purchased it was registered in my father's name. He's fine with selling it, but him and I don't really want to go through the hassle/cost of transferring it from his name, to mine, to the buyers.

    Thanks

  2. #2
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    Default Re: Question about 18-21 transfer ?

    Quote Originally Posted by Atonob View Post
    Hi,
    I'm new to the site but I have a question I couldn't find anywhere.

    If I have a pistol that was gifted to me by my father when I was 18, and want to sell it to upgrade, can I go through an FFL to sell to another individual?

    To clarify, I'm now of age, but when the pistol was originally purchased it was registered in my father's name. He's fine with selling it, but him and I don't really want to go through the hassle/cost of transferring it from his name, to mine, to the buyers.

    Thanks
    Short answer, no. You're good to go. Technically there is no registry in PA anyway.
    I am not a lawyer and nothing I say should be construed as legal advice.

  3. #3
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    Default Re: Question about 18-21 transfer ?

    Quote Originally Posted by Atonob View Post
    Hi,
    I'm new to the site but I have a question I couldn't find anywhere.

    If I have a pistol that was gifted to me by my father when I was 18, and want to sell it to upgrade, can I go through an FFL to sell to another individual?

    To clarify, I'm now of age, but when the pistol was originally purchased it was registered in my father's name. He's fine with selling it, but him and I don't really want to go through the hassle/cost of transferring it from his name, to mine, to the buyers.

    Thanks
    First off. Welcome!

    Firearms are not registered in PA, in fact registration of firearms is illegal.
    The only thing that connected the firearm to your father was a "sales database" that is illegally used in PA as a registry. (All sales records are supposed to be destroyed and deleted within 72 hours by the state police).

    You may sell it to anyone you want that is non-prohibited and 18+

    If they are 18+ you can transfer it to them through a Sheriff. If they are 21+ you can transfer it through an FFL
    Last edited by BimmerJon; April 28th, 2011 at 12:58 AM.

  4. #4
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    Default Re: Question about 18-21 transfer ?

    This thread sparked a question...

    Can a person 18-20 years old SELL a firearm through an FFL, or is the 21+ requirement only for buyers?

  5. #5
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    Default Re: Question about 18-21 transfer ?

    Quote Originally Posted by BimmerJon View Post
    This thread sparked a question...

    Can a person 18-20 years old SELL a firearm through an FFL, or is the 21+ requirement only for buyers?
    I assume only for buyers. But I have nothing to back that up. Just a guess. If you can buy I don't see why you can't sell.
    I am not a lawyer and nothing I say should be construed as legal advice.

  6. #6
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    Default Re: Question about 18-21 transfer ?

    The restriction on age at the FFL is for the buyer, not the seller.

    A 18-<21 year old person can legally take the handgun to a FFL to sell to someone 21yo+. For someone in the 18 to <21 age range to sell a handgun to someone less than 21yo, he'd have to use a sheriff to do the transfer - which there is probably only 1 or 2 in the state that will do it.

    Now keep in mind.. If the buyer cant pass the PICS check, the FFL cannot release the handgun back to the 18-<21 person because of the same rule as mentioned in the first sentence of this post. Reason being is that the FFL has to add the handgun to his bound book before using PICS to do the transfer. ...so make sure the potential buyer will pass without issues.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  7. #7
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    Default Re: Question about 18-21 transfer ?

    Quote Originally Posted by knight0334 View Post
    The restriction on age at the FFL is for the buyer, not the seller.

    <SNIP>

    Now keep in mind.. If the buyer cant pass the PICS check, the FFL cannot release the handgun back to the 18-<21 person because of the same rule as mentioned in the first sentence of this post. Reason being is that the FFL has to add the handgun to his bound book before using PICS to do the transfer. ...so make sure the potential buyer will pass without issues.
    So, say that the potential buyer cannot pass pics and the FFL cannot return the gun to the potential 18-<21 seller. Then what?

    Is the FFL obligated to compensate the person for the gun? If not, what?

  8. #8
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    Default Re: Question about 18-21 transfer ?

    Quote Originally Posted by HiredGoon View Post
    So, say that the potential buyer cannot pass pics and the FFL cannot return the gun to the potential 18-<21 seller. Then what?

    Is the FFL obligated to compensate the person for the gun? If not, what?
    The underage person would have to get someone of legal age for the FFL transfer the gun back to.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  9. #9
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    Default Re: Question about 18-21 transfer ?

    Quote Originally Posted by knight0334 View Post
    The restriction on age at the FFL is for the buyer, not the seller.

    A 18-<21 year old person can legally take the handgun to a FFL to sell to someone 21yo+. For someone in the 18 to <21 age range to sell a handgun to someone less than 21yo, he'd have to use a sheriff to do the transfer - which there is probably only 1 or 2 in the state that will do it.

    Now keep in mind.. If the buyer cant pass the PICS check, the FFL cannot release the handgun back to the 18-<21 person because of the same rule as mentioned in the first sentence of this post. Reason being is that the FFL has to add the handgun to his bound book before using PICS to do the transfer. ...so make sure the potential buyer will pass without issues.
    Do you have anything to back that up? Because that just sounds like stealing to me....
    I am not a lawyer and nothing I say should be construed as legal advice.

  10. #10
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    Default Re: Question about 18-21 transfer ?

    Quote Originally Posted by zackattack784 View Post
    Do you have anything to back that up? Because that just sounds like stealing to me....
    Well, it IS interesting.. But knowing how an FFL transfer works...

    the FFL actually takes possession of the firearm, it's theirs for the time being, physically and on paper.

    Just a weird Catch-22, Limbo kinda situation.

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