Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Mar 2018
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    Flinton, Pennsylvania
    (Cambria County)
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    Default Legality of firearm transferr??

    I'm a long time lurker on this forum but a first time poster. I hope I'm in the right place to ask this question.

    I am looking to sell a TC Contender that was passed down to me by my father a few years back. I understand that transfers between family members do not require an FFL, correct me if I'm wrong. He passed a few years ago and I'm looking to sell this gun. The problem I'm running into is that I am 99% sure he did not have it transferred when he bought it. This is because up until recently I believed that the contender was not considered a handgun. I now know better. My concern is that if I go to sell this gun to someone it will be registered in someone else's name and possibly face legal problems or throw up some sort of red flag at the FFL and end the transfer. A greater concern is that the gun may be stolen. The way he told it is that he bought it out of the Traders Guide. The deal was short and the guy drove away.
    Maybe the seller was also ignorant of the legal classification, but I doubt it. My legal understanding is that the seller is responsible for legal transfer he, not the buyer, is held responsible for the illegal transfer. I checked the serial number with online databases for stolen guns and nothing showed up. Granted I did not check the police database yet for fear of prematurely throwing up a red flag and having the PSP at my door.
    If the gun is stolen and this is discovered at the FFl, what happens then? How should I proceed. Any info on my situation would be helpful. I'll take any suggestions on what to do next. Thanks

  2. #2
    Join Date
    Nov 2006
    Location
    Elkland, Pennsylvania
    (Tioga County)
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    Default Re: Legality of firearm transferr??

    If the gun was stolen and a record exists that is stolen. I will be taken and returnd to it's rightful owner. I you got this gun from your father and you had no knowledge it was stolen you should be in the clear. If you sell it and the new owner looses it. The new owner could come after you to get his/her money back. You said you checked data bases to see if it had been stolen. I think your in the clear.

    Note: I'm not a lawyer. If your that concerned consult one.
    USNRET '61-'81

  3. #3
    Join Date
    Mar 2018
    Location
    Flinton, Pennsylvania
    (Cambria County)
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    Default Re: Legality of firearm transferr??

    Quote Originally Posted by rwilson452 View Post
    If the gun was stolen and a record exists that is stolen. I will be taken and returnd to it's rightful owner. I you got this gun from your father and you had no knowledge it was stolen you should be in the clear. If you sell it and the new owner looses it. The new owner could come after you to get his/her money back. You said you checked data bases to see if it had been stolen. I think your in the clear.

    Note: I'm not a lawyer. If your that concerned consult one.
    Ok I understand that. If the gun does not come back reported as stolen, just as not registered to myself, or rather my father, what is the protocol?

  4. #4
    Join Date
    Nov 2006
    Location
    Elkland, Pennsylvania
    (Tioga County)
    Age
    79
    Posts
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    Rep Power
    3960972

    Default Re: Legality of firearm transferr??

    Quote Originally Posted by azo5199 View Post
    Ok I understand that. If the gun does not come back reported as stolen, just as not registered to myself, or rather my father, what is the protocol?
    As it was a gift or bequeath from your father you just go to an FFL and sell it. There is no registry in PA. They have a sales data base. It is incomplete. No worries mate.
    USNRET '61-'81

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