Pennsylvania Firearm Owners Association
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  1. #1
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    Exclamation Private handgun serious question

    What is the penalty for selling a handgun without using an FFL? I bought a few from J&G in throop for my 21st and I was wondering why "should" I use a dealer? Why not just sell privately; everyone always talks about needing to use an FFL but not what happens if you don't. Is it a misdemeanor or felony, what are we looking at?

  2. #2
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    Default Re: Private handgun serious question

    (g) Penalties.--
    (1) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly or intentionally sells, delivers or transfers a firearm in violation of this section commits a misdemeanor of the second degree.
    (2) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly or intentionally sells, delivers or transfers a firearm under circumstances intended to provide a firearm to any person, purchaser or transferee who is unqualified or ineligible to control, possess or use a firearm under this chapter commits a felony of the third degree and shall in addition be subject to revocation of the license to sell firearms for a period of three years.
    (3) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally requests a criminal history, juvenile delinquency or mental health record check or other confidential information from the Pennsylvania State Police under this chapter for any purpose other than compliance with this chapter or knowingly and intentionally disseminates any criminal history, juvenile delinquency or mental health record or other confidential information to any person other than the subject of the information commits a felony of the third degree.
    (3.1) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally obtains or furnishes information collected or maintained pursuant to section 6109 for any purpose other than compliance with this chapter or who knowingly or intentionally disseminates, publishes or otherwise makes available such information to any person other than the subject of the information commits a felony of the third degree.
    (4) Any person, purchaser or transferee commits a felony of the third degree if, in connection with the purchase, delivery or transfer of a firearm under this chapter, he knowingly and intentionally:
    (i) makes any materially false oral statement;
    (ii) makes any materially false written statement, including a statement on any form promulgated by Federal or State agencies; or
    (iii) willfully furnishes or exhibits any false identification intended or likely to deceive the seller, licensed dealer or licensed manufacturer.
    (5) Notwithstanding section 306 (relating to liability for conduct of another; complicity) or any other statute to the contrary, any person, licensed importer, licensed dealer or licensed manufacturer who knowingly and intentionally sells, delivers or transfers a firearm in violation of this chapter who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime shall be criminally liable for such crime or attempted crime.
    (6) Notwithstanding any act or statute to the contrary, any person, licensed importer, licensed manufacturer or licensed dealer who knowingly and intentionally sells or delivers a firearm in violation of this chapter who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime shall be liable in the amount of the civil judgment for injuries suffered by any person so injured by such crime or attempted crime.
    (h) Subsequent violation penalty.--
    (1) A second or subsequent violation of this section shall be a felony of the second degree and shall be punishable by a mandatory minimum sentence of imprisonment of five years. A second or subsequent offense shall also result in permanent revocation of any license to sell, import or manufacture a firearm.
    (2) Notice of the applicability of this subsection to the defendant and reasonable notice of the Commonwealth's intention to proceed under this section shall be provided prior to trial. The applicability of this section shall be determined at sentencing. The court shall consider evidence presented at trial, shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence and shall determine by a preponderance of the evidence if this section is applicable.
    (3) There shall be no authority for a court to impose on a defendant to which this subsection is applicable a lesser sentence than provided for in paragraph (1), to place the defendant on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.
    (4) If a sentencing court refuses to apply this subsection where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this subsection.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  3. #3
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    Default Re: Private handgun serious question

    Quote Originally Posted by GunLawyer001 View Post
    (g) Penalties.--
    (1) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly or intentionally sells, delivers or transfers a firearm in violation of this section commits a misdemeanor of the second degree.
    (2) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly or intentionally sells, delivers or transfers a firearm under circumstances intended to provide a firearm to any person, purchaser or transferee who is unqualified or ineligible to control, possess or use a firearm under this chapter commits a felony of the third degree and shall in addition be subject to revocation of the license to sell firearms for a period of three years.
    (3) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally requests a criminal history, juvenile delinquency or mental health record check or other confidential information from the Pennsylvania State Police under this chapter for any purpose other than compliance with this chapter or knowingly and intentionally disseminates any criminal history, juvenile delinquency or mental health record or other confidential information to any person other than the subject of the information commits a felony of the third degree.
    (3.1) Any person, licensed dealer, licensed manufacturer or licensed importer who knowingly and intentionally obtains or furnishes information collected or maintained pursuant to section 6109 for any purpose other than compliance with this chapter or who knowingly or intentionally disseminates, publishes or otherwise makes available such information to any person other than the subject of the information commits a felony of the third degree.
    (4) Any person, purchaser or transferee commits a felony of the third degree if, in connection with the purchase, delivery or transfer of a firearm under this chapter, he knowingly and intentionally:
    (i) makes any materially false oral statement;
    (ii) makes any materially false written statement, including a statement on any form promulgated by Federal or State agencies; or
    (iii) willfully furnishes or exhibits any false identification intended or likely to deceive the seller, licensed dealer or licensed manufacturer.
    (5) Notwithstanding section 306 (relating to liability for conduct of another; complicity) or any other statute to the contrary, any person, licensed importer, licensed dealer or licensed manufacturer who knowingly and intentionally sells, delivers or transfers a firearm in violation of this chapter who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime shall be criminally liable for such crime or attempted crime.
    (6) Notwithstanding any act or statute to the contrary, any person, licensed importer, licensed manufacturer or licensed dealer who knowingly and intentionally sells or delivers a firearm in violation of this chapter who has reason to believe that the firearm is intended to be used in the commission of a crime or attempt to commit a crime shall be liable in the amount of the civil judgment for injuries suffered by any person so injured by such crime or attempted crime.
    (h) Subsequent violation penalty.--
    (1) A second or subsequent violation of this section shall be a felony of the second degree and shall be punishable by a mandatory minimum sentence of imprisonment of five years. A second or subsequent offense shall also result in permanent revocation of any license to sell, import or manufacture a firearm.
    (2) Notice of the applicability of this subsection to the defendant and reasonable notice of the Commonwealth's intention to proceed under this section shall be provided prior to trial. The applicability of this section shall be determined at sentencing. The court shall consider evidence presented at trial, shall afford the Commonwealth and the defendant an opportunity to present necessary additional evidence and shall determine by a preponderance of the evidence if this section is applicable.
    (3) There shall be no authority for a court to impose on a defendant to which this subsection is applicable a lesser sentence than provided for in paragraph (1), to place the defendant on probation or to suspend sentence. Nothing in this section shall prevent the sentencing court from imposing a sentence greater than that provided in this section. Sentencing guidelines promulgated by the Pennsylvania Commission on Sentencing shall not supersede the mandatory sentences provided in this section.
    (4) If a sentencing court refuses to apply this subsection where applicable, the Commonwealth shall have the right to appellate review of the action of the sentencing court. The appellate court shall vacate the sentence and remand the case to the sentencing court for imposition of a sentence in accordance with this section if it finds that the sentence was imposed in violation of this subsection.
    MOTHER OF GOD....thank you

  4. #4
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    Default Re: Private handgun serious question

    All the offenses require "knowingly and intentionally" what if you accidently do it?

  5. #5
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    Default Re: Private handgun serious question

    Quote Originally Posted by Yachera View Post
    All the offenses require "knowingly and intentionally" what if you accidently do it?
    How does one accidentally sell a firearm?
    Rules are written in the stone,
    Break the rules and you get no bones,
    all you get is ridicule, laughter,
    and a trip to the house of pain.

  6. #6
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    Default Re: Private handgun serious question

    if someone had bought a handgun privately and then came to me and asked me how they register it to themself.

  7. #7
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    Default Re: Private handgun serious question

    Quote Originally Posted by streaker69 View Post
    How does one accidentally sell a firearm?
    This was the message I got " Question! Private sale of a glock now in my possession how do i go about registering it now? Since it's not registered in my name.."

    I'd never do this so I didn't know what to tell them

  8. #8
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    Default Re: Private handgun serious question

    Quote Originally Posted by Yachera View Post
    This was the message I got " Question! Private sale of a glock now in my possession how do i go about registering it now? Since it's not registered in my name.."

    I'd never do this so I didn't know what to tell them
    He can't undo the crime, but he can mitigate the damage.

    The govt wants to keep track of who has which handguns. They aren't supposed to do it, but they do. And what will most likely get someone in trouble is when the police check the gun and don't find a record of it.

    Your friend can decide to do nothing, and risk the gun being confiscated. The offense is actually "transferring" a gun, handing it to someone else. The recipient is at worst a conspirator.

    Or your friend can play it safe and find a cooperative dealer to transfer it FROM himself TO himself. Seems silly, costs you a few bucks, but what that does is get you through the PICS check and gets the gun "registered" to you, in the eyes of far too many ignorant cops and newspaper reporters and even judges.

    I've never heard of anyone getting any grief over such a gun that ended up being "registered" to him this way, but we've all heard many tales of cops refusing to return guns to citizens who have done nothing illegal. Making the police return a gun for which you have no evidence of ownership is quite a hassle, and you can avoid that hassle by self-transferring and "registering" it to yourself.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Free seminar 7/18/19 in Quakertown: https://www.senatormensch.com/concealed-carry-seminar/

  9. #9
    Join Date
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    (Montgomery County)
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    Default Re: Private handgun serious question

    Could you go back to the sell and have go with you to an FFL and have him transfer it to you there?
    Act as if the original sale never happened?

  10. #10
    Join Date
    Jan 2010
    Location
    Scranton, Pennsylvania
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    Default Re: Private handgun serious question

    Quote Originally Posted by GunLawyer001 View Post
    He can't undo the crime, but he can mitigate the damage.

    The govt wants to keep track of who has which handguns. They aren't supposed to do it, but they do. And what will most likely get someone in trouble is when the police check the gun and don't find a record of it.

    Your friend can decide to do nothing, and risk the gun being confiscated. The offense is actually "transferring" a gun, handing it to someone else. The recipient is at worst a conspirator.

    Or your friend can play it safe and find a cooperative dealer to transfer it FROM himself TO himself. Seems silly, costs you a few bucks, but what that does is get you through the PICS check and gets the gun "registered" to you, in the eyes of far too many ignorant cops and newspaper reporters and even judges.

    I've never heard of anyone getting any grief over such a gun that ended up being "registered" to him this way, but we've all heard many tales of cops refusing to return guns to citizens who have done nothing illegal. Making the police return a gun for which you have no evidence of ownership is quite a hassle, and you can avoid that hassle by self-transferring and "registering" it to yourself.
    I was going to tell her to go back to the person she bought it from
    And do the legal transfer at an FFL. She thought that all firearms sale could be private, I'm fixing that after tonight. Thanks guys, hopefully no one gets jail time for this.

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