Parent to Child Transfer

[PAhunter]

A question for the forum.
Most are familiar with the statute here in PA regarding the gifting of firearms from a parent to a child. I did not see where this situation is made clear. The parent is a resident while the child is not.

My wife and I wish to give our son a handgun as a Christmas gift.
Question 1 is since he has not been a resident of PA for 5 years does the statute still apply?
Are there 2 possible ways to make this happen?
1. Do we purchase a pistol new and give it to him? Thereby applying the statute. or
2. Do I simply give him something I owned prior to his move? (while he was a still a PA resident)

Question 2 would be if the answer to 1 is no do I buy it and transfer it to him in PA or his State of residence?


Any thoughts?

Thanks, Jack

[knight0334]

Is or is not the "child" a resident of PA? He/she doesn't have to be a resident for X number of years - just a resident. ...Give it to him before he moves out of state.


If the child is a resident of another state - then Federal interstate transfer laws apply and it must be shipped to a FFL in the recipient's state to complete the transfer.

I must add too.. where ever the child is moving to must allow his possession of it if he is under 21. Otherwise its kinda futile to give it to him.

[Pa. Patriot]

Originally Posted by knight0334

If the child is a resident of another state - then Federal interstate transfer laws apply and it must be shipped to a FFL in the recipient's state to complete the transfer.

Correct answer

[rwilson452]

As he is not a resident of PA it must go via an FFL holder in his state of residents. Note: it must comply with that state's laws. EG if it's a pistol with over a 10 round mag he can't have it in NY.

[IV_Warrior]

Does the shipping to an FFL in his state of residence apply if the "child" (I'm assuming we're talking adult child here) is going to be in Pennsylvania at the time the parent wishes to give the gift? IE: "Child" comes home for Christmas. Can the parents just GIVE the handgun to him at their house, or does it still need to be shipped and done through an FFL in the "child's" state of residence?

[Pa. Patriot]

Originally Posted by IV_Warrior

... or does it still need to be shipped and done through an FFL in the "child's" state of residence?

Yes, it's dependent on residency, not current physical location.

In a situation like this, they can wrap it up and put it "under the tree", or whatever their routine is. BUT the handgun must be sent to a FFL in the childs state of residency to do the transfer.

Just like you can "buy" a handgun if you are visiting another state. Just that the person/dealer you buy it from must send it to a FFL in your state after you pay for it.

[PAhunter]

Thanks for the replies. We will be visiting my son over the Christmas holiday. It seems the most sensible solution here might be to just take him, and my checkbook, out to one of the local sporting goods stores and have him make the purchase then.

Jack

[str8shooter]

I respectfully disagree with previous posts. The PA law says you can give a firearm to your child. It does not say anything about where the child lives. If he can legally own the firearm in Pennsylvania (not a convicted felon, over 21 for a handgun, etc.), than you can give it to him in Pennsylvania. If he takes it out of Pennsylvania, than it's up to him to verify he's not breaking any laws of the state he takes it into. I do not believe interstate transfer laws apply because it is not a sale.

That being said, are you sure you didn't give it to him a long time ago and just held on to it until this Christmas?

[PAhunter]

Originally Posted by str8shooter

I respectfully disagree with previous posts. The PA law says you can give a firearm to your child. It does not say anything about where the child lives. If he can legally own the firearm in Pennsylvania (not a convicted felon, over 21 for a handgun, etc.), than you can give it to him in Pennsylvania. If he takes it out of Pennsylvania, than it's up to him to verify he's not breaking any laws of the state he takes it into. I do not believe interstate transfer laws apply because it is not a sale.

That being said, are you sure you didn't give it to him a long time ago and just held on to it until this Christmas?

I must admit your post has me rethinking the situation. Thanks

Jack

[knight0334]

Federal law dictates interstate transfers and the ONLY paperless interstate private transfer is a bequeathed firearm. If you're still kicking, then the firearm has to go through a dealer if the child is a nonresident of PA. ...no getting around that.