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June 3rd, 2023, 03:44 PM #1
An academic question on firearms transfers
I think I have a fair grasp on the laws regarding transfer of firearms and long guns, both interstate and within PA. (As in what has to go through an FFL, and what can be face to face, etc..) My question is this:
As long as the buyer is not a prohibited person, are there any penalties on the BUYER in an illegal transfer? I don’t recall ever seeing any. It is always the SELLER that is in deep kimchi.
Please note I have no desire to break any laws or entice others to break laws. This is just a matter of idle curiosity. I appreciate knowledgeable insight.Last edited by imashooter2; June 3rd, 2023 at 06:52 PM.
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June 3rd, 2023, 04:20 PM #2
Re: An academic transfer question.
There is serious exposure when the BUYER in an interstate transfer brings the gun illegally acquired out-of-state to their home. Also knowingly being party to an illegal act may raise issue regarding collusion/conspiracy at the state and Federal level IMO.
18 USC §922. Unlawful acts
(a) It shall be unlawful-
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
IANAL
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June 3rd, 2023, 06:19 PM #3
Re: An academic transfer question.
Well, that answers the interstate side of it. Thank you tl_3237. What about in PA? I did already know about conspiracy and such. I was more interested in penalties only from the transfer (and possession of the transferred firearm as pointed out above).
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June 3rd, 2023, 06:31 PM #4
Re: An academic transfer question.
Thread title suggests a student inquiring about transferring credits from one college to another.
Ok, carry on...
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June 3rd, 2023, 06:44 PM #5
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June 3rd, 2023, 06:51 PM #6
Re: An academic transfer question.
OK, it could have been worded better. Edited for clarity.
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June 3rd, 2023, 07:44 PM #7
Re: An academic transfer question.
If the buyer knew/forewarned then yes, I suppose. It will take a lawyer to get him/her out of that one.
FJB
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June 3rd, 2023, 09:49 PM #8Senior Member
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Re: An academic question on firearms transfers
Not a lawyer, but I read through § 6111. Sale or transfer of firearms. and did not see any provision for penalties against the buyer.
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June 3rd, 2023, 09:57 PM #9Banned
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Re: An academic question on firearms transfers
A somewhat different scenario popped into my head while thinking about the original question, and forgive me if I muddy the waters.
In a person to person sale facilitated by an FFL, only the buyer is subjected to a background check. Is it illegal for a prohibited or possibly prohibited person to sell their firearms to a non-prohibited person?
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June 3rd, 2023, 10:04 PM #10
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