Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Feb 2008
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    Shillington, Pennsylvania
    (Berks County)
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    Default Questions on reselling a Pistol..

    Questions on reselling a Pistol

    If I purchase a 2 pistol Package deal from an individual and follow the law on Transferring is there an issue with turning around and reselling one of them to someone else?
    I am not suggesting that I have a 2nd buyer lined up prior to making the 1st purchase which I believe could violate question 11a on the 4473 form (Are you the Actual transferee/buyer of the firearm listed on this form?)

    Example:
    I purchase a M&P 9 and a M&P 45 even though I am only interested in M&P 9 because the seller wants to sell as a package and it is a good deal. After a week or 2 I decide I really don't like or need the M&P45.
    Any issue with selling it?

    It is unlikely this situation would occur because one can always use another pistol but just wanted to see if this was allowed.

    Thanks for any advice.
    Steve

  2. #2
    Join Date
    May 2010
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    West Newton, Pennsylvania
    (Westmoreland County)
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    Default Re: Questions on reselling a Pistol..

    I am not a lawyer.
    I am not the ATF.
    I am not an FFL 01.
    I barely function at my day job and spend too much time on PAFOA.

    My take is, if you don't have a habit of it and you're not engaged in the business of buying and selling guns for profit, you're in the clear. Also, obviously, you need to be reselling the handgun with a 4473 transfer at an FFL and not a straw purchase for someone else (duh).
    "America is all about speed. Hot, nasty, badass speed." -Eleanor Roosevelt, 1936

  3. #3
    Join Date
    Apr 2007
    Location
    Pittston, Pennsylvania
    (Luzerne County)
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    Default Re: Questions on reselling a Pistol..

    I have heard that the reselling can become an issue after you sell x number of guns a year. What that number is I do not know. What happens if you exceed that number I do not know, It was suggested that the atf would push the seller to become an ffl.

    Maybe some one can clarify this.
    Don't be an ass.

  4. #4
    Join Date
    Feb 2013
    Location
    Upper Darby, Pennsylvania
    (Delaware County)
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    Default Re: Questions on reselling a Pistol..

    What kind of sick world do y'all live in where you need permission from the government to buy or sell your own property?


    Oh, wait...

  5. #5
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
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    64
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    Default Re: Questions on reselling a Pistol..

    Quote Originally Posted by normanvin View Post
    I have heard that the reselling can become an issue after you sell x number of guns a year. What that number is I do not know. What happens if you exceed that number I do not know, It was suggested that the atf would push the seller to become an ffl.

    Maybe some one can clarify this.
    The number of guns sold in a year is not an issue UNLESS the BATFE thinks that you are buying strictly to resell, be it at a profit or not. There is no set number. If they think you are buying just to resale, even if it is just a couple, they will investigate (sold at a profit or loss is not a factor in the investigation). There are a lot of people that buy multiple guns at one time, (especially collectors that have to buy a collection to get the one or two guns they really want) and then sell off the unneeded, unwanted guns. However, if you are buying a lot of the same type of gun, say a Lorcin .380 or a FIE Titan in .25 auto and then selling them off, then they may pay you a visit to ask some questions.

    For the OP, many people do this and don't even wait a week before they sell the gun they don't want. In your case, the BATFE probably would not even question it. As long as you can reasonably explain it to the BATFE (if they even ask you) then there won't be a problem. I have several customers that buy guns, then don't like it for some reason and sell, and do this over and over and have never been approached by the BATFE, so go for it.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Patron Member

  6. #6
    Join Date
    Apr 2007
    Location
    Northern Tier, Pennsylvania
    (McKean County)
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    Default Re: Questions on reselling a Pistol..

    Sell it and don't lose sleep over it. Sales are going through a FFL. Fuck 'em.

  7. #7
    Join Date
    May 2007
    Location
    Broomall, Pennsylvania
    (Delaware County)
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    Default Re: Questions on reselling a Pistol..

    Buying and selling guns without an Federal Firearms License is difficult to prove and ATF will warn you first. I think the OP was concerned with question #1 on the 4473 regarding who the firearm is being bought for. His situation seems quite legit. Now if someone gives you money to buy them a firearm and you do so answering yes to question #1, you have committed a straw purchase. That's even if the guy is not prohibited. That too is hard to prove but....

  8. #8
    Join Date
    Feb 2013
    Location
    West Alexander, Pennsylvania
    (Washington County)
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    Default Re: Questions on reselling a Pistol..

    All reasonable answers above... you'll be fine and you can sell the extra one whenever you want.

  9. #9
    Join Date
    Feb 2008
    Location
    Shillington, Pennsylvania
    (Berks County)
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    Default Re: Questions on reselling a Pistol..

    Thanks for the info..basically supportin what I thought just wanted some reassurance

  10. #10
    Join Date
    Sep 2015
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    zelienople, Pennsylvania
    (Beaver County)
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    Default Re: Questions on reselling a Pistol..

    If the sale goes through a FFL it is marked as a new legal sale.

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