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Thread: Pistol sale questions?
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June 27th, 2011, 09:00 AM #1Member
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Pistol sale questions?
I'll keep this short and sweet. Dad had a pistol that he hated, gives it to me with the line "If you don't like it, sell the piece of shit". Well, I don't like it, so I'm selling it. What is the legality/process for selling this pistol for him? Transfer it into my name, then do what I will? The biggest wrinkle is that Dad lives in MD--it isn't an illegal weapon per MD law, but we all know how gun-friendly that state is. For those who are curious, pistol is a "Colt All-American" polymer 9mm--I honestly think it's worth more as a collectors item than as an actual pistol. I don't want it, as I don't own any 9mm and I have no desire to start gathering yet another caliber. Any help is greatly appreciated.
Thanks,
Jack
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June 27th, 2011, 09:14 AM #2Member
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In the farmland,
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Re: Pistol sale questions?
I'm no expert so please don't take my word as gospel but here's my yake on the situation:
If the two of you were residents of different states when he gave it to you I hope he gave it to you to borrow just to try it out to see if you like it. If it changes ownership across state lines it must go through an oficial transfer at a FFL dealer or sheriff. If the two of you were both PA. residents at the time you're OK. I don't know what Maryland law is about father/son transfer with both living in the state.
That being said you need to figure out whether it's still legally his or not.
If it was legally transferred to you, (both living in PA at the time or maybe both living in Maryland at the time), then you can sell it. If it's still legally his in a different state he has to do the selling unless you do a legal interstate transfer.
There may be an issue about lending across state lines, I honestly don't know anything about that.
I'n sure that one of our resident lawyers or someone who has good knowledge of your type of situation will chime in soon enough.
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June 27th, 2011, 09:22 AM #3
Re: Pistol sale questions?
For your father to give you the handgun it must be transferred at a FFL in PA since you area PA resident and he is a MD resident. Transfer of ownership of guns(non-antiques, post-1898) that happen across state lines must be done at a FFL. There is an exemption for guns that were transferred due to a will or intestate succession - but person "giving" them must die first.
Then for you to sell it, it must be transferred at a FFL or sheriff if the buyer is a PA resident. If the buyer is a resident of another state the transfer must take place at a FFL in the buyers home state.
Lending guns across state lines can only happen for legitimate sporting purposes. The ATF pretty much only recognizes hunting as the only legit sporting purpose.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
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