Selling a gun with a pending felony?

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SMS

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If he can own it legally, then he can sell it.

Does he have pretrial conditions that restrict his access to firearms?
 

Drebin

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He was never told he couldn't have one and considering he isn't a felon yet it should be okay. But it's kind of a gray area I can't find anything on the law about pending felonys and firearms.
 

RichardA76

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I think the conviction only affects possession and purchasing. And I am not sure on the rifle aspect either. Probably a good idea for him to sell it. ???
 

Oklahomabassin

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An attorney wouldn't suggest discussing involvement in an illegal act on the internet. (Reason for suggesting the deleting)

Frankly, if I had pending felony charges, I would want to walk as straight a line on the legal side as I possibly could. If I was not absolutely sure possessing a firearm was in the clear for me, I would make sure somebody who could legally possess the firearm would hold onto it, until my situation was resolved.

I am not a lawyer and I am just an routine purchaser of firearms and when I fill out the 4473 to purchase a new firearm it seems there is a question or two about pending charges. I cannot quote them word for word. I have never answered "YES" to see what would happen, as I do NOT having pending charges nor have I ever had a felony charge. If answering "Yes" would prevent the sale of a firearm, I would have reasonable doubt that it would be legal for me to possess a firearm.

To each there own. You came here and asked for opinions. You are going to get a varied response of opinions. In the end, only 2 opinions will matter. 1. The opinion of the person with pending felony charges decision to possess or not possess a firearm. 2. The opinion of a judge deciding whether it was legal or not.
 

Drebin

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Well thanks for your answers I guess he should have me or someone else sell it for him and he's in the clear. There's really no reason he shouldn't get to have his rifle either it's quite sad it could come to this.
 

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