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Sold Firearm...person never picked it up (PA)

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wdsman1

Junior Member
In February of this year I agreed to sell a rifle accepting payments in 2 halves. I received the first payment in february and the final payment in the beginning of march. The agreement was that he would come to my area to pick the rifle up once the snow was gone. Since we both live in Pennsylvania the sale is legal between two individuals that are legally allowed to own firearms.

Before July I attempted to contact the buyer and did not receive a response. In july I again made an attempt and I heard from the buyer that they would get a copy of a dealers firearms license so I can mail the rifle to them. I heard back again on 8/4/10 stating that they had the license and would mail it to me. The person lives a few hours away by vehicle and it should have been here by now.

I now feel that I should be able to keep the rifle. I only agreed to hold the rifle until the weather broke and he could come pick it up. I have had the rifle taking up room in my safe for over 6 months. Please let me know what my options are. I heard someone use the terms escheat and bailment but I'm not exactly sure what they mean. Thanks in advance for any assistance.
 


seniorjudge

Senior Member
In February of this year I agreed to sell a rifle accepting payments in 2 halves. I received the first payment in february and the final payment in the beginning of march. The agreement was that he would come to my area to pick the rifle up once the snow was gone. Since we both live in Pennsylvania the sale is legal between two individuals that are legally allowed to own firearms.

Before July I attempted to contact the buyer and did not receive a response. In july I again made an attempt and I heard from the buyer that they would get a copy of a dealers firearms license so I can mail the rifle to them. I heard back again on 8/4/10 stating that they had the license and would mail it to me. The person lives a few hours away by vehicle and it should have been here by now.

I now feel that I should be able to keep the rifle. I only agreed to hold the rifle until the weather broke and he could come pick it up. I have had the rifle taking up room in my safe for over 6 months. Please let me know what my options are. I heard someone use the terms escheat and bailment but I'm not exactly sure what they mean. Thanks in advance for any assistance.
Escheat has nothing to do with your situation.

If bailment does, then that means you are holding the property of another and are responsible for it.

Check your state statutes. You may have to wait a significant time before you can declare the property abandoned.
 

justalayman

Senior Member
No, you do not get to keep the gun and the money.

the simple solution:

send the money back to the guy and tell him the deal is off.
 

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