Pennsylvania Firearm Owners Association
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  1. #1
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    Default Can someone under 21 sell a handgun in their name through an FFL?

    Hey everyone.

    Quick question. My dad gave me a couple of his old guns a while back, including a few handguns. One of the handguns is an older revolver and frankly I have no interest in it. Can I legally sell it to a dealer? Or can I list it in the classifieds and sell it there but then have it transferred through a FFL? I'm only 20, and I'm not sure on the laws regarding the sale of a handgun under 21. For a sale to someone on the classifieds, from what I've gathered through Goggle; I meet the person at the FFL, They do a PICS check on myself and the person buying the gun, the buyer does the transfer paperwork, and I'm done. Is that the standard procedure? Or am I still wrong? I'm trying to see if selling it through a FFL would be legal, but if not, I'll simply wait the few more months until I'm 21.

    Any help is appreciated. Thanks!
    Last edited by RambaRal; October 30th, 2011 at 10:59 PM.

  2. #2
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    Default Re: Can someone under 21 sell a handgun in their name through an FFL?

    Yes you can but for whatever reason the sale fails after you transfer it into the FFL book and custody, the FFL will NOT be able to give it back to you

    Being a firearm, you have to go through an FFL or Sheriff since the buyer does not meet a family member per exception in the statute.
    Last edited by BimmerJon; October 30th, 2011 at 11:01 PM.

  3. #3
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    Default Re: Can someone under 21 sell a handgun in their name through an FFL?

    Quote Originally Posted by BimmerJon View Post
    Yes you can but for whatever reason the sale fails after you transfer it into the FFL book and custody, the FFL will NOT be able to give it back to you

    Being a firearm, you have to go through an FFL or Sheriff since the buyer does not meet a family member per exception in the statute.
    So as long as the buyer passes the PICS check and I pass the PICS check I should be fine? Do they even do a PICS check on me? In the case it gets cancelled because the buyer gets denied or something, will my dad have to come and get it then?

    Thanks for the info so far though!

  4. #4
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    Default Re: Can someone under 21 sell a handgun in their name through an FFL?

    Quote Originally Posted by RambaRal View Post
    So as long as the buyer passes the PICS check and I pass the PICS check I should be fine? Do they even do a PICS check on me? In the case it gets cancelled because the buyer gets denied or something, will my dad have to come and get it then?

    Thanks for the info so far though!
    pretty sure that No PICS check will be run on you, only the buyer.

    If the deal doesn't work after the FFL takes possession, you'll need to find another buyer that's 21+

  5. #5
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    Default Re: Can someone under 21 sell a handgun in their name through an FFL?

    Quote Originally Posted by BimmerJon View Post
    pretty sure that No PICS check will be run on you, only the buyer.

    If the deal doesn't work after the FFL takes possession, you'll need to find another buyer that's 21+
    So if it fails for whatever reason, the FFL will hold onto it, and if I find another buyer, we can just meet there and try it again no problem? Also, Couldn't my Dad come pick it up? Or do they have to hold onto it regardless?

  6. #6
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    Default Re: Can someone under 21 sell a handgun in their name through an FFL?

    Quote Originally Posted by RambaRal View Post
    So if it fails for whatever reason, the FFL will hold onto it, and if I find another buyer, we can just meet there and try it again no problem? Also, Couldn't my Dad come pick it up? Or do they have to hold onto it regardless?
    A smart FFL would not transfer to your dad if you were underage, that looks too much like a straw purchase (and in fact it pretty much is one.)

    You could try to consign it through the FFL, who would then sell it to the general public.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  7. #7
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    Default Re: Can someone under 21 sell a handgun in their name through an FFL?

    Quote Originally Posted by GunLawyer001 View Post
    A smart FFL would not transfer to your dad if you were underage, that looks too much like a straw purchase (and in fact it pretty much is one.)

    You could try to consign it through the FFL, who would then sell it to the general public.

    Yikes! Not trying to get into any trouble for a Straw purchase! haha!

    The consignment thing is a good idea though, I like your thinking!

    Thanks a bunch for the info so far guys!

  8. #8
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    Default Re: Can someone under 21 sell a handgun in their name through an FFL?

    Correct me if im wrong but... I thought it was federal law that no one under 21 can own/posses a handgun.

    There was no transfer between dad to son thus dad still owns handgun.

  9. #9
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    Default Re: Can someone under 21 sell a handgun in their name through an FFL?

    Quote Originally Posted by em2b96p View Post
    Correct me if im wrong but... I thought it was federal law that no one under 21 can own/posses a handgun.

    There was no transfer between dad to son thus dad still owns handgun.
    18 to own and purchase firearms. Federal law in regards to purchasing a firearm from an FFL needs to be 21
    Long guns is 18

    No transfer is needed from dad to son in this case, firearms can be handed between them without any need of transfer

  10. #10
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    Default Re: Can someone under 21 sell a handgun in their name through an FFL?

    Quote Originally Posted by em2b96p View Post
    Correct me if im wrong but... I thought it was federal law that no one under 21 can own/posses a handgun.

    There was no transfer between dad to son thus dad still owns handgun.
    May not buy is not the same as may not own.

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