Question regarding handgun transfer

**abner13** · August 30th, 2019, 06:10 PM

Originally Posted by GunLawyer001

Go to an FFL and have him transfer the gun into his books from you, and then back to you after a PICS check. That fixes the Record of Sale Database, eventually (there's a backlog on recording these.)

Yes, the BF broke the law, probably, in his gift to the mom. But that was years ago, and likely the statute has tolled and it's too late to prosecute.

Possessing an unregistered gun isn't even a crime, since we don't have registration. It's not stolen, and PA law says it's illegal to transfer a firearm in violation of the statutes, it doesn't say it's illegal to receive it under these circumstances (the Feds have other rules, not relevant here.) Arguing that the gun is prohibited contraband is a stretch, although the po po could make that argument in a forfeiture proceeding. So avoid that.

Good advice. I've done , hundreds if not thousands of transfers over years of being a dealer. It seems they really don't pay much attention to the seller IF the gun does not come back STOLEN whenever the PSP gets around to filing the paper into the database. PASP even acknowledge the ROS database is not absolute or complete , and many dealers or home FFLs were rather lazy about mailing in the old 5x7 slips. Some got lost in mail. PSP probably round-filed a bunch when they got busy.

The only problem is a paper trail in case it does come up stolen.

**GunLawyer001** · August 30th, 2019, 06:14 PM

Originally Posted by abner13

Good advice. I've done , hundreds if not thousands of transfers over years of being a dealer. It seems they really don't pay much attention to the seller IF the gun does not come back STOLEN whenever the PSP gets around to filing the paper into the database. PASP even acknowledge the ROS database is not absolute or complete , and many dealers or home FFLs were rather lazy about mailing in the old 5x7 slips. Some got lost in mail. PSP probably round-filed a bunch when they got busy.

The only problem is a paper trail in case it does come up stolen.

My guess would be that relatively few gun thieves go to an FFL and try to register the gun in their name in the ROSD, but it's hard to underestimate the dumbness of thieves.

Anyone doing this process would likely be just a witness in any theft investigation, not a suspect.

**abner13** · August 30th, 2019, 06:17 PM

I'm sure you know just how stupid some people are.

But it has happened where a person who did not know the laws , obtained a stolen firearm innocently or perhaps ignorantly. So a paper tail would help them.

AAFAIK , the AP/ROS didn't always cross-check with other databases for reported stolen guns.