What’s the law on pistol sales - The HuntingPA.com Outdoor Community
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post #1 of 8 (permalink) Old 10-12-2018, 07:12 PM Thread Starter
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What’s the law on pistol sales

Just got a call from a buddy. His neighbor is a bit of a tree hugger. His neighbors dad is old and losing it. They didn’t know he had any firearms. Then he accidentally shot a hole thru the wall. So they took his 3 pistols. They are storing them but don’t want them. Can they legally sell them?

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post #2 of 8 (permalink) Old 10-12-2018, 07:15 PM
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nope, they dont own them and any sale would require a transfer and background check done thru an FFL dealer. the buyer and seller have papers to sign.

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post #3 of 8 (permalink) Old 10-12-2018, 07:25 PM Thread Starter
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So they have to wait to get power of attorney? I am talking about a son taking his dads guns to a gun shop and unloading them?

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post #4 of 8 (permalink) Old 10-12-2018, 07:29 PM
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i suppose the son could sell them, since a gun may be given to a child from the parent with out a transfer. i would get some legal advice or ask the dealer.


suppose the father finds out and claims the son stole them. you did say the father was losing it.

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post #5 of 8 (permalink) Old 10-12-2018, 07:33 PM
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Yes, they would need power of attorney. If the father is not mentally fit, they can probably go through the courts to get power of attorney, They should get an attorney. another way would be to have a power of attorney document signed by the father instead of using the courts. If the will bequeaths the guns to a family member they can sell them after the father passes if they don't want them.
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Last edited by Woods walker; 10-12-2018 at 07:35 PM.
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post #6 of 8 (permalink) Old 10-12-2018, 07:35 PM
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The guns can be transferred in a father to son transaction without a background check. No paperwork required. The son is free to dispose of them as he sees fit as long as he follows all applicable laws.

Edit- WW post addresses the issue of taking fathers property without his consent. If he is inddeed incompetent to the point of not being able to make sound decisions for himself, WW's post would be wise to follow.

My original post is assuming he is of sound mind to transfer the guns and pertains only to the legality of transferring the guns to the son and selling them.
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Last edited by simoncool; 10-12-2018 at 07:39 PM.
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post #7 of 8 (permalink) Old 10-12-2018, 08:49 PM
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I wouldn't be too quick to give out free legal advice, I'd just send the message that the firearms laws are complicated and things like this should be handled by an attorney.
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post #8 of 8 (permalink) Old 10-12-2018, 09:51 PM
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Very true, I am but an armchair attorney! The upside is I don't charge much.
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