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UNLAWFUL SALE OR TRANSFER OF A FIREARM

Several states have a variety of laws regulation firearms, including where they can be displayed and who can possess them. In Pennsylvania, there are restrictions on who is allowed to sell and purchase firearms and when they are allowed to do so. It is important to understand the correct procedures when dealing with firearms.

Failing to follow state laws regarding the sale and transfer of firearms could result in criminal charges. This could mean jail or prison time, expensive fines or both. You also could lose your right to sell firearms after multiple convictions. A weapons defense attorney can help you fight to protect your future.

West Chester Firearm Defense Attorney

Anytime you are arrested for a weapons offense, there could be serious repercussions. If you face charges of unlawful sale or transfer of a firearm, contact the Pennsylvania weapons defense lawyers at the Skinner Law Firm. Michael J. Skinner and his team are experienced in handling complex weapons cases, and they can help you combat the charges.

The Skinner Law Firm represents clients throughout Chester County and the surrounding areas, including Delaware County. Call (610) 436-1410 today to schedule a free consultation to discuss your unique situation. The Skinner Law Firm can help you build a strong defense early in your case.


Information About Unlawful Sale of Firearms


What is Considered a Firearm in an Illegal Sale?

Pennsylvania law defines a firearm as ” any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon,” according to Pennsylvania Consolidated Statutes Title 18 § 6111(f).

Examples of firearms could include:


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Unlawful Sale Defined by Pennsylvania Law

It is a crime in Pennsylvania for a person or business to sell or transfer a firearm to a purchaser if the person has not properly completed an application or record of the sale. The form must be filled out three times, with the original copy to be sent to the Pennsylvania State Police, postmarked via first class mail within 14 days of the sale.

According to Pennsylvania Consolidated Statutes Title 18 § 6111(b),  one copy must be retained by the licensed importer, licensed manufacturer or licensed dealer for 20 years and one copy must be provided to the purchaser or transferee.

The application or record of sale must include the name, address, birth date, gender, race, physical description and Social Security number of the purchaser or transferee, the date of the application and the caliber, length of barrel, make, model and manufacturer’s number of the firearm to be purchased or transferred.

It also is illegal for a seller to deliver a firearm to the purchaser or transferee before the 48-hour waiting period has elapsed after the time of the application, according to Pennsylvania Consolidated Statutes Title 18 § 6111(a). Additionally, when the gun is delivered, it must be securely wrapped and unloaded.

An unlawful sale of a firearm also could be defined as selling a gun to a person prohibited from purchasing a firearm. For example, if a person has been convicted of a violent crime and lost his or her right to possess a firearm, selling to that person could be a violation. Selling to a minor also is illegal.


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Exceptions to the Unlawful Sale Law

Transfers of handguns between spouses, parents, and children or grandparents and grandchildren are exempt from the requirements, including the application and 48-hour waiting period. Additionally, a transfer between active law enforcement officers also is exempt.

Rifles and shotguns may be transferred between unlicensed individuals in Pennsylvania, as well. Antique firearms, or those manufactured before 1898, and replicas also are exempt from the requirements regarding transfer of firearms through dealers.


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Penalties for Selling a Firearm Illegally

Penalties can vary per offense when it comes to illegally selling or transferring a firearm. If you are authorized to sell firearms but do not wait for the 48-hour period, it could be considered a second-degree misdemeanor. This carries up to two years in prison, a fine of up to $5,000 or both.

However, if a person is convicted of selling a firearm to a minor, the offense is more serious. It would be considered a first-degree misdemeanor, which is punishable by up to five years in prison, a fine up to $10,000 or both.

If a person is convicted for selling a gun to a person who is not eligible to buy a firearm, the offense is a third-degree felony, if convicted. This could carry up to seven years in prison, a fine up to $15,000 or both.

A second or subsequent violation for any illegal sale of a firearm offense would be a second-degree felony. This could mean a mandatory minimum of five years in prison and permanent revocation of any license to sell, import or manufacture a firearm.


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Responding to Charges of Illegally Selling a Gun

If you have been arrested for illegally selling or transferring a firearm, contact the West Chester firearm defense attorneys at the Skinner Law Firm. Your right to sell is important, and the skilled and experienced attorneys can help you fight to keep that. Call (610) 436-1410 today to schedule a free consultation.

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