Selling a gun in Pa that was purchased in............

[KevininPa]

..............Nevada at a gun show. I've been helping a neighbor dispose of some firearms lately. So far they were long guns, so no big deal. Now she has a revolver from a sickly gentleman friend who gifted it to her. It was acquired at a gun show when he lived in Nevada in 2005. FTF deals can be done there. So no paperwork. I know that all we need to do is sign on the seller line here in Pa. So is she good to go as far as advertising and selling here in Pa? The sickly gentleman claims it was a clean deal at a popular gun show. Thanks in advance for your responses. Wish I had the money, nice piece, but just bought a crossbow. Story of my life.

[GunLawyer001]

Main thing to watch out for is this part of federal law:

(a) It shall be unlawful—
. . .
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

This could also be a problem:

"Now she has a revolver from a sickly gentleman friend who gifted it to her."

[KevininPa]

Thanks gunlawyer, I was kind of hoping for a response from you. Guess I can't help her on this one.

[bogey1]

It was acquired at a gun show when he lived in Nevada in 2005. FTF deals can be done there. So no paperwork.

OH! Finally, The PA gun show loop hole

[Delkal]

If I am reading this right the gentleman was a resident of Nevada where he legally bought the revolver, then he moved to Pa. When moving from another state to Pa the gentleman does not have to "register" his firearms in Pa (Yes, I know its a database and not registration). So, no federal or state laws were broken at this point.

Then he met the lady and while BOTH were living in Pa he gifted it to her. He should have to have it transferred to her at an FFL. If he is still alive he can transfer it to her (or anyone else) at an FFL and everyone's in the clear.

Once he is deceased it's a grey area you don't want to get involved with. Technically he (they) broke the Pa firearm database law. I have heard if she goes to an FFL and gets it transferred / registered to herself she is OK. Pa doesn't know how all firearms get into the state (there are legal ways) and she is complying with the law. I don't think they will send a SWAT team to question her.

Or you can take it apart sell all the parts on Ebay and throw the frame in a deep lake.........

[GunLawyer001]

If I am reading this right the gentleman was a resident of Nevada where he legally bought the revolver, then he moved to Pa. When moving from another state to Pa the gentleman does not have to "register" his firearms in Pa (Yes, I know its a database and not registration). So no laws were broken interstate.....

Then he met the lady and while BOTH were living in Pa he gifted it to her. He should have to have it transferred to her at an FFL. If he is still alive he can transfer it to her (or anyone else) at an FFL and everyone's in the clear.

If he is deceased it's a grey area you don't want to get involved with. Technically he (they) broke the Pa firearm database law. I have heard if she goes to an FFL and gets it transferred / registered to herself she is OK. Pa doesn't know how all firearms get into the state (there are legal ways) and she is complying with the law. I don't think they will send a SWAT team to question her.

Or you can take it apart sell all the parts on Ebay and throw the frame in a deep lake.........

If he gave her a handgun, he violated the UFA, 18 Pa.C.S.A. § 6111. At that moment it became derivative contraband, which legally cannot be cured by her transferring it back and then him transferring it to her via an FFL.

Whether she would be caught if she simply went to an FFL and transferred it to a buyer, is a separate issue. But a criminal act can't be cured after the act is completed. It's worth noting that the law specifies that it's unlawful to transfer a handgun privately, but it's not directly unlawful to receive it that way. Arguably, receipt is a form of conspiracy, but it's unlikely for a non-prohibited person to be charged for that.

But a private sale or gift of a handgun from a neighbor to another neighbor is illegal in PA.

[HiredGoon]

What make, model is the handgun? Just curious.

[KevininPa]

S&W model 60 Ladysmith in .38. Stainless steel. No shroud.

He's sickly but still around. Could they sell the firearm as long as he does the transfer? They are at the same address.

[Remington788]

S&W model 60 Ladysmith in .38. Stainless steel. No shroud.

He's sickly but still around. Could they sell the firearm as long as he does the transfer? They are at the same address.

I don't know that him saying, "you can have this gun" counts as a transfer, especially if they live together. Sounds like it is still really in his possession. She isn't carrying it is she?

[KevininPa]

Negative. She doesn't carry.