Selling fire arms with prior felonies

[freeze_1]

I know a person just recently who was arrested for selling a shotgun rifle combo to a fire arms dealer. This person had previous felonies (2).
The fire arm belonged to her and her spouse and it was disassembled with trigger guard locked and cased. She claimed she informed the dealer of these felonies at the time of the sale.
My question is what type of penalty could be imposed on her.
Any info would be deeply appreciated.

Thanks in advance.

[M&P Chris]

I know a person just recently who was arrested for selling a shotgun rifle combo to a fire arms dealer. This person had previous felonies (2).
The fire arm belonged to her and her spouse and it was disassembled with trigger guard locked and cased. She claimed she informed the dealer of these felonies at the time of the sale.
My question is what type of penalty could be imposed on her.
Any info would be deeply appreciated.

Thanks in advance.

Well you said she was arrested, so what exactly is the charge?

Also why is this in OC section?

[Boots_DE]

What? A felon that wants to get rid of a firearm 'legally'?

Well, obviously that's the kind of person the state would want to lock up and throw away the key!

Edit: Apparently there was much more to the story than just becoming a felon and needing to get rid of a previously legally-owned firearm. Shoulda known!

[wanneroo]

You mean this?

Pennsylvania State Police have arrested a Morris woman on charges of possessing a firearm illegally, theft by deception, and writing bad checks.

Pennsylvania State Police say 56-year-old Debr Lynn Lockett sold a Rossi Braztech Matched Pair .22LR/20 gauge rifle to Niles Guns & Gold in Charleston Township on August 27th. Due to prior convictions she is not allowed to possess, use, manufacture, control, sell, or transfer firearms.

Lockett was also arrested on charges of Theft by Deception and Writing Bad Checks. Pennsylvania State Police say that on September 5th, Lockett bought a used green 1997 Pontiac Bonneville from Campbell Auto Sales in Morris with a check on a closed account.

www.wnbt.net

http://www.tiogapublishing.com/news/...9bb2963f4.html

Also there might be more to come, down the road in Liberty:

http://www.weny.com/news/local-news/...-reward-092613

The suspect is described as a white female, approximately 50 years old, medium build, with shoulder length brown hair. She was driving a green sedan, with a low profile spoiler on the trunk.

[knight0334]

I know a person just recently who was arrested for selling a shotgun rifle combo to a fire arms dealer. This person had previous felonies (2).
The fire arm belonged to her and her spouse and it was disassembled with trigger guard locked and cased. She claimed she informed the dealer of these felonies at the time of the sale.
My question is what type of penalty could be imposed on her.
Any info would be deeply appreciated.

Thanks in advance.

There are at least 2 laws dealing with this. US Title 18, Chapter 44, Subchapter 922 and PA Title 18, Chapter 61, Subchapter 6105.

The first one that must one must abide by is federal law. The penalty for a felon in possession is 10 years in prison and I don't remember how many thousands of dollars in fines.

Then there is PA's law.. If their felony was one of the laws enumerated in 6105(b) or PA's drug law, or of a similar law in another state - the penalty is a F2 which is punishable by 10 years in prison.

Potentially your friends stand a chance at having to serve 10 years in either federal or state prisons - or both consecutively for each offense. But it will depend on if both or either party(federal or state) prosecutes them.

[tl_3237]

There are at least 2 laws dealing with this. US Title 18, Chapter 44, Subchapter 922 and PA Title 18, Chapter 61, Subchapter 6105.

The first one that must one must abide by is federal law. The penalty for a felon in possession is 10 years in prison and I don't remember how many thousands of dollars in fines.

Then there is PA's law.. If their felony was one of the laws enumerated in 6105(b) or PA's drug law, or of a similar law in another state - the penalty is a F2 which is punishable by 10 years in prison.

Potentially your friends stand a chance at having to serve 10 years in either federal or state prisons - or both consecutively for each offense. But it will depend on if both or either party(federal or state) prosecutes them.

Yep.

Federal: In addition to potentially 10 years, a fine up to $250,000 is possible. [Class C Felony]

Pa: In addition to potentially 10 years, a fine up to $25,000 is possible. [F2]

[jerkin]

She should have taken them to Philly first and shot someone, then she would get out with probation.

[firebird.77]

To expand the discussion on this topic...just what the **** is a person supposed to do if convicted of a felony? Lets say you are convicted at 10 am Monday morning and have a vast collection of firearms at home. Do you not return home and appoint someone to go sell them?


As always it seems that the law is black and white and leaves no room for realistic life happening in between. I'm not really arguing this is incorrect, merely citing a disconnect between what is technically "right" and "wrong" and how we need to deal with it.

[Swarner793]

She should have taken them to Philly first and shot someone, then she would get out with probation.

Stay tuned, it may take a turn in a similar direction.

To expand the discussion on this topic...just what the **** is a person supposed to do if convicted of a felony? Lets say you are convicted at 10 am Monday morning and have a vast collection of firearms at home. Do you not return home and appoint someone to go sell them?


As always it seems that the law is black and white and leaves no room for realistic life happening in between. I'm not really arguing this is incorrect, merely citing a disconnect between what is technically "right" and "wrong" and how we need to deal with it.

From the UFA;
"(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."

Be safe (and stay tuned).

Scott

[Gunsnwater]

Now this is the fun part. If she turned them in at a gun buy back nobody would have cared and she would have gotten $100. No checks no questions no identification no nothing just here's your gift card. Sure same laws are broken plus a few for the receiving party but hey let's not prosecute that crime. Then too if it would be the gun used on the old couple no evidence. Isn't that a crime too? Destroying evidence.