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March 25th, 2010, 08:26 PM #1Junior Member
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How do I know a hand gun for sale isn't stolen? + other questions
Asked this at a few gun stores, no one seems to know how to check.
These questions only apply to hand guns as long guns don't need a transfer at a FFL.
How can I check if a hand gun isn't listed on a stolen list? I'd hate to buy one, have the transfer go through ( as the instant phone check only seems to look at my status ) then when the PA State Police registration gets mailed in have them kick it if it comes up stolen.
What about the non documented family transfers? Say someone in the family ( A ) gives another member ( B ) a gun ( legal ), time goes by , the person that possesses the gun sells it. For one reason of another ( A ) decides they want the gun back and claims it was stolen. The PA SP run the # and come a knocking.
The last one is where someone's spouse dies and the survivor sells off the hand guns. Being the spouse wasn't listed on the original form sent to the PA SP, will it trigger issues having a new name pop up? A guess a similar situation would be when a widow moves into PA from out of state , cleans out husbands sock drawer , finds gun and puts it up for sale. Now there is a serial # appearing that was never in the system and no one to tie it to.
I am in no way interested in doing something that is shaky, I can usually spot a squirrel and will go running.
Thanks
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March 25th, 2010, 08:53 PM #2
Re: How do I know a hand gun for sale isn't stolen? + other questions
The burden of proof is on the government/prosecution to prove that the gun was stolen. It's NOT on you to prove that the gun is not stolen. Even then, so long that it's transferred to you via an FFL, there isn't a thing they can prosecute you for other than "possession of stolen goods" IF (big IF) they can prove that you KNEW the gun was stolen before you bought it.
Al
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March 25th, 2010, 10:00 PM #3Grand Member
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retired to Eastern,
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Re: How do I know a hand gun for sale isn't stolen? + other questions
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March 26th, 2010, 08:24 AM #4
Re: How do I know a hand gun for sale isn't stolen? + other questions
You can't, unless you have a LEO friend that would run the number for you (without arising suspicions at the PD). If you buy one and it turns out to be stolen then they will take it from you and then you would probably have to go to court to get your money back from the person who sold it to you.
What about the non documented family transfers? Say someone in the family ( A ) gives another member ( B ) a gun ( legal ), time goes by , the person that possesses the gun sells it. For one reason of another ( A ) decides they want the gun back and claims it was stolen. The PA SP run the # and come a knocking.
In the case you proposed: IMO (A) is out of luck. As soon as they gave it (or transferred it) to (B) it became (B)'s to do with what they want. You then bought it legally from (B). (A) would have prove that (B) stole it. They would then have to take you to court and (IMO) would have a hard time getting it back as you bought it legally.
The last one is where someone's spouse dies and the survivor sells off the hand guns. Being the spouse wasn't listed on the original form sent to the PA SP, will it trigger issues having a new name pop up? A guess a similar situation would be when a widow moves into PA from out of state , cleans out husbands sock drawer , finds gun and puts it up for sale. Now there is a serial # appearing that was never in the system and no one to tie it to.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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