Interesting phone call.

**GunLawyer001** · August 20th, 2017, 06:47 PM

If the gun was seized during a traffic stop, based solely on the fact that the Record of sale Database shows a different name, and the gun isn't in any stolen property database, then the cop was totally wrong in seizing it.

If the cops didn't seize the gun, but merely noted the serial number and then contacted the OP after letting the current owner go on his way, then it's mildly troubling but not outrageous.

If the gun literally just turned up in a car and was "found" by the police, then the police have an affirmative obligation to track down the owner and return it if it's not contraband. Doesn't really sound like this was the case. But using the ROSD to determine the rightful owner is a perfectly acceptable use of the database. It's only when seizures are based on the ROSD that we get all un-constitutional and stuff, and start violating the UFA.

**Bellerophon** · August 21st, 2017, 05:47 AM

Thank you all for the information,

It wasn't clear in my original post but there was another person involved. He apparently had purchased the firearm and was surprised about the whole situation.

It was not made clear as to whether or not the firearm was seized. I didn't ask I was trying to remember the specifics of when I had made a deal with the FFL for the firearm.

**Carson** · August 21st, 2017, 08:13 PM

I bet the firearm that you received in trade from that FFL is still listed under the previous owner also.

**Bellerophon** · August 22nd, 2017, 07:34 AM

Originally Posted by Carson

I bet the firearm that you received in trade from that FFL is still listed under the previous owner also.

I'm not sure. I bought 2 of them from him that weekend. 1 was recently transferred at another FFL as part of a deal on PAFOA and I haven't heard anything about it just yet but I believe I remember the FFL saying that they were both auction purchases.

At this point I'm more annoyed and frustrated by the fact that its been over 9 months and the 4473 paperwork for this either hasn't been filed by the FFL or is just that backed up at the state level.

Again. I'm pretty sure I'm worrying too much about this.

**Xringshooter** · August 22nd, 2017, 12:35 PM

Originally Posted by Bellerophon

I'm not sure. I bought 2 of them from him that weekend. 1 was recently transferred at another FFL as part of a deal on PAFOA and I haven't heard anything about it just yet but I believe I remember the FFL saying that they were both auction purchases.

At this point I'm more annoyed and frustrated by the fact that its been over 9 months and the 4473 paperwork for this either hasn't been filed by the FFL or is just that backed up at the state level.

Again. I'm pretty sure I'm worrying too much about this.

Yep, you're worrying too much.

First, the 4473 doesn't get filed anywhere but at the FFL. The FFL keeps it, it goes nowhere but his files for 20 years (then he can purge it) or if he gets out of the business in less than 20 years it goes to the BATFE where they scan it and put it in their files.

Next, the SP4-113 (used only for handguns, SBR's, SBS's and full auto's) gets sent by the FFL to the PSP Firearms Unit in Harrisburg every 2 weeks for them to input into their system. When they are inputting the form, if there is something wrong on the form, a copy of the form is returned to the FFL for correction and return. I can tell you that right now they are probably at least 18 months behind in inputting the information. I know, because I am an FFL and had a form returned to me 3 months ago for correction (an incorrect date that I didn't catch) that was from late 2015.

So, in reality, a handgun could change hands numerous times in a year or more period and the person who bought it 12-18 months ago could still be shown as the owner in the sales database. That's just another reason the police shouldn't be using the sales database to determine ownership of a handgun.