Reacquiring confiscated firearms from PD to sell?

**weaselchew** · April 2nd, 2009, 04:21 PM

I tried searching for related info, but didn't see anything that answered this particular question. Due to the limited information I currently know, this may sound a bit vague...

I know a person that has had their firearms confiscated by the police after an AD. (none of the firearms are handguns)
Due to this incident (and possibly some other factors) the person will not be able to own any firearms, at least in the near future.
This person wants to get their rifles back to sell them to other people (or somehow work out selling the rifles without actually taking possession again)
The lawyer they used regarding the AD said they could file paperwork (they think the lawyer said a "waiver") to facilitate this for ~$500. From what I understand, this isn't guaranteed to allow the person to sell.

I wanted to get some input from people who are much more knowledgeable on the subject than I am. I told the person I'd like to buy one of their rifles if they can sell them. Apparently the police also took ammo & the one rifle's magazines. I'd imagine that stuff should be easier to get back (and sell)?

Can someone simply sell a rifle to another person and that person collect it from the police?

**headcase** · April 2nd, 2009, 06:33 PM

Depends on how much time has passed since the confiscation, and why they were confiscated in the first place.

Full text of 6105
18 Pa.C.S. § 6105: Persons not to possess, use, manufacture, control, sell or transfer firearms
(a) Offense defined.--
(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.
(2)(i) A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household.
(ii) This paragraph shall not apply to any person whose disability is imposed pursuant to subsection (c)(6). <snip>

*Bold is mine

I am trying to find another thread I remember, where someone had this problem in Philly, I think. The DA refused to return the firearms and the guy had to go before a judge and have him order the return...

**Warners Surplus** · April 2nd, 2009, 07:08 PM

Originally Posted by weaselchew

I tried searching for related info, but didn't see anything that answered this particular question. Due to the limited information I currently know, this may sound a bit vague...

I know a person that has had their firearms confiscated by the police after an AD. (none of the firearms are handguns)
Due to this incident (and possibly some other factors) the person will not be able to own any firearms, at least in the near future.
This person wants to get their rifles back to sell them to other people (or somehow work out selling the rifles without actually taking possession again)
The lawyer they used regarding the AD said they could file paperwork (they think the lawyer said a "waiver") to facilitate this for ~$500. From what I understand, this isn't guaranteed to allow the person to sell.

I wanted to get some input from people who are much more knowledgeable on the subject than I am. I told the person I'd like to buy one of their rifles if they can sell them. Apparently the police also took ammo & the one rifle's magazines. I'd imagine that stuff should be easier to get back (and sell)?

Can someone simply sell a rifle to another person and that person collect it from the police?

This is real simple to do.

Your friend needs to set it up with a local FFL to sign for and receive the firearms from the PD. The FFL then sells the firearms for your friend. He can bring in anyone he wants to buy the firearms but it can't be someone in the same household.

We do it all the time for people and now even have afew dept's that will tell people it is simple to do and how to do it.

If you need more info on it feel free to PM me. I can explain to you or your friend how to do it and even give you the PSP form numbers that the PD needs to have signed by the receiving FFL

Rich W.

**weaselchew** · April 2nd, 2009, 08:51 PM

Thanks and reps given to you both!

I did see that 60 day rule in the law section here, but I'm not sure of how it will play in this case as I don't believe what they were charged with actually precludes them from ownership... they are coupling it with something else (?) possibly they agreed to something in their plea? My speculations aren't very useful without all of the information.

Apparently the lawyer they had did a good job representing them for their case at a fairly reasonable rate, but I was surprised when I heard about the $500 to file paperwork for them to sell their firearms. It seems like it would be a relatively straight-forward procedure.

**Warners Surplus** · April 2nd, 2009, 08:55 PM

Originally Posted by weaselchew

Thanks and reps given to you both!

I did see that 60 day rule in the law section here, but I'm not sure of how it will play in this case as I don't believe what they were charged with actually precludes them from ownership... they are coupling it with something else (?) possibly they agreed to something in their plea? My speculations aren't very useful without all of the information.

Apparently the lawyer they had did a good job representing them for their case at a fairly reasonable rate, but I was surprised when I heard about the $500 to file paperwork for them to sell their firearms. It seems like it would be a relatively straight-forward procedure.

The 60 day rule only applies if he retains the firearms. I just did one for a guy that the PD had his firearms sitting in the evidence locker sence 2005

Rich W.

**weaselchew** · April 2nd, 2009, 09:03 PM

Originally Posted by Warners Surplus

The 60 day rule only applies if he retains the firearms. I just did one for a guy that the PD had his firearms sitting in the evidence locker sence 2005

Rich W.

That's nice to know. I've just sent you a PM regarding the forms in your previous post.