Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Aug 2008
    Location
    Williamsport, Pennsylvania
    (Lycoming County)
    Posts
    106
    Rep Power
    16

    Default PFA expired now what

    I'm very lost on all the requirements on getting firearms back after a pfa expires. I lost my guns for 3 years due to a crazy ex. I had done all the safekeeping paper work for my dad to take the firearms. What do I have to do now to get them back? I have had conflicting comments from law enforcement saying I can just get them from my dad and others saying I need to petition. To have them back and my ex would have to show for a hearing. So what is fact and fiction on the topic and how can I get them back.

  2. #2
    Join Date
    Jul 2007
    Location
    ..............., Pennsylvania
    (Chester County)
    Posts
    5,444
    Rep Power
    18905654

    Default Re: PFA expired now what

    I presume that you surrendered the firearms to your Dad under 23 Pa CS 6108.3(b) in which your Dad was licensed by the sheriff to be the custodian.

    If that is the case then your retrieval, once the PFA expires, is again through the sheriff's office where your Dad surrenders the safekeeping permit, the sheriff verifies the expiration of the PFA and he checks you in PICS for eligibility to possess::

    23 Pa CS 6108.3
    (d) Return of safekeeping permit.--
    (1) Following expiration of a protection from abuse order, which order provided for the relinquishment of firearms, other weapons or ammunition, the defendant and the third party shall report to the sheriff's office to return the safekeeping permit. Upon a determination by the sheriff that the defendant is:
    (i) Not prohibited from possessing firearms, other weapons and ammunition, the sheriff shall accept the return of the safekeeping permit, and the third party shall relinquish to the defendant all of the defendant's firearms, other weapons and ammunition which were relinquished to the third party pursuant to this section.
    (ii) Prohibited from possessing a firearm, other weapon or ammunition pursuant to any Federal or State law, the sheriff shall accept return of the permit and seize from the third party all of the defendant's firearms, other weapons and ammunition which were relinquished to the third party pursuant to this section. The sheriff shall return to the defendant any firearm, other weapon or ammunition which the defendant is lawfully entitled to possess.

    23 Pa CS 6108.3
    Last edited by tl_3237; November 4th, 2013 at 11:41 AM. Reason: add link, typo
    IANAL

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