Proper Way To Dispose of Handguns - Probation

[MattMPA]

Hi folks, I've really searched for this and can't seem to find a definitive answer.

An extended family member is on (what I understand is called) "pre-trial probation". According to the paperwork my wife read, he cannot own or possess firearms. He has three handguns. I found out about this last night.

If possible, I'd like to help him get these placed on consignment as I expect he'll need money. They aren't valuable or models I want.

My first concern is to not get involved in anything illegal on my end. I was hoping there was a legal way for me to get them to a FFL where they can be placed on consignment. My assumption is that he cannot take them himself or be involved.

Very thankful for your thoughts...not sure who else I can contact on a holiday weekend.

[Delkal]

He can give them to his parents, grandparents or kids with no paperwork (if they live in Pa). Everything else gets more complicated and unless you are the only one who can help I would not get involved.

[MattMPA]

Thank you, Delkal. I truly want nothing to do with any illegal with these.

I assume he can give them to his mom...who can then place them on consignment?

[gnbrotz]

MattMPA, if you have a LTCF, your friend can legally "lend" them to you and you could then take them to the FFL who will place them on consignment.

I have posted the statute below. I think it's unlikely there would be an issue if you simply made arrangements and took them as a favor to your friend, but this statute should provide you both protection and peace of mind, should something unusual occur along the way.

§ 6115. Loans on, or lending or giving firearms prohibited.

(a) Offense defined.--No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as provided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.

(b) Exception.--

(1) Subsection (a) shall not apply if any of the following apply:

(i) The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).

(ii) The person who receives the firearm is exempt from licensing.

(iii) The person who receives the firearm is engaged in a hunter safety program certified by the Pennsylvania Game Commission or a firearm training program or competition sanctioned or approved by the National Rifle Association.

(iv) The person who receives the firearm meets all of the following:

(A) Is under 18 years of age.

(B) Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruction of a responsible individual who:

(I) is 21 years of age or older; and

(II) is not prohibited from owning or possessing a firearm under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).

(v) The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game).

(vi) A bank or other chartered lending institution is able to adequately secure firearms in its possession.

(2) Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21 (relating to intestate succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105.

(3) Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one's dwelling or place of business if the firearm is retained within the dwelling or place of business.

(4) Nothing in this section shall prohibit the relinquishment of firearms to a third party in accordance with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping).

(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days)



2005 Amendment. Act 66 added subsec. (b)(4).

Cross References. Section 6115 is referred to in section 6108.3 of Title 23 (Domestic Relations).

[KCJones]

He can give them to his parents, grandparents or kids with no paperwork (if they live in Pa). Everything else gets more complicated and unless you are the only one who can help I would not get involved.

The older I get, the more I live by the credo "Not my circus, not my monkeys" - because invariably when I try to help with someone else's monkey problem it ends up as my problem.

[Ronin]

https://www.holdmyguns.org/

[MattMPA]

Thanks very much everyone!

[R L Suehr]

https://www.holdmyguns.org/

^^^this is actually a good organization^^^

I've worked with Sarah (one of the founders) on things before and she's a really great person.

[Bang]

Interesting situation. Have guns, not allowed to have them, obvious need to dispose of them rises. Left out in the above responses is his wife, if he has one. If he does, she can take them to the FFL.

Ask the FFL if he can accept the owner's driver's license as identification of the owner for purpose of recording the OLN on the form. He should. Then take the guns and license to him. I wouldn't attempt a consignment though. I'd just sell the guns to the FFL.

[Bang]

That's why I said sell them to the FFL.