Handgun Sale question

[hornady]

A question was asked on another PA form. Seems like the wife bought a handgun, Transferred it into her name, her and her husband started having trouble.
Prior to divorce, the husband sold the handgun.
Seems to me under 18 Pa.C.S. § 6102, actual owner ship would be in question, a matter for the court.
If the husband claimed the handgun was a Gift from his now ex-wife, (no transfer needed).
Some on the other form have suggested this was theft.
It may well have been, but I think ownership would need be established by a Judge before any such determination could be reached.
Am I missing something.

[PhillyGunslinger]

A question was asked on another PA form. Seems like the wife bought a handgun, Transferred it into her name, her and her husband started having trouble.
Prior to divorce, the husband sold the handgun.
Seems to me under 18 Pa.C.S. § 6102, actual owner ship would be in question, a matter for the court.
If the husband claimed the handgun was a Gift from his now ex-wife, (no transfer needed).
Some on the other form have suggested this was theft.
It may well have been, but I think ownership would need be established by a Judge before any such determination could be reached.
Am I missing something.

He would have to prove that his wife gave it to him ?
Or the judge could just say the heck with it because the gun was sold, especially if it was to a dealer.

[legendarylorot]

It really comes down to the word of one against the other, which means it's going nowhere. Judge is likely to say "It was sold, that's the way it's gonna be".

But if she's right, it could be considered theft.
IANAL, of course

[tacticalreload]

A question was asked on another PA form. Seems like the wife bought a handgun, Transferred it into her name, her and her husband started having trouble.
Prior to divorce, the husband sold the handgun.
Seems to me under 18 Pa.C.S. § 6102, actual owner ship would be in question, a matter for the court.
If the husband claimed the handgun was a Gift from his now ex-wife, (no transfer needed).
Some on the other form have suggested this was theft.
It may well have been, but I think ownership would need be established by a Judge before any such determination could be reached.
Am I missing something.

Take the word "handgun" out of the equation and replace it by any other tangible asset. The fact that it was a firearm really doesn't seem to matter here.

Plus, be careful about using the phrase "transfered it into her name". That almost implied handgun registration, which isn't true.

[hornady]

Well according to The PA Superior Court some gun Registration is OK.

They then when on to write "The distinction lies not in the term 'registry', as urged by Petitioners, but with what is being registered. A 'registry of firearm ownership', by plain definition, would maintain a record of ownership, whereas a registry or database of handgun sales would maintain a record of sale. While the distinction may seem slight, a registry of ownership would necessarily encompass a registration of all firearms, including long guns, firearms owned by Pennsylvanians not purchased in the Commonwealth of Pennsylvania, as well as information on transfers of handguns to spouses, children, and grandchildren, whereas the database of handgun sales maintained by the Commonwealth contains only information on the sale of handguns in the Commonwealth of Pennsylvania."