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  #1 (permalink)  
Old January 12th, 2008
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Default Handguns passed from Parent to Child

here is a question that was posed to me the other day and I am not sure of the
answer .. maybe some of you can give me some info ...

a buddy of mine who I have know for 30 plus years .. ( neither my buddy or his
father have or belive in the internet stuff but that is an entirely different story
all together ) ...

well his father is getting up there in age and wants to pass along a couple handguns to him .. said father lives in another state ...

so my question is what is the protocol since his father purchased these handguns ...
does his father have to goto a dealer that has an FFL and send them to him
and make the transfer of ownership that way and at the same time does the son have to go thru a Background check to see if he can legally own the gun ...

thanx in advance for any input that will be helpful and insightful ...
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Old January 12th, 2008
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Default Re: Handguns passed from Parent to Child

I believe that the father could simply transport the firearms to PA and then hand them to his son PROVIDED his son is legally allowed to own the handguns. He could also send them to a FFL here and his son could pick them up. I think...

Parents are allowed to gift handguns to their children.
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Old January 12th, 2008
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Default Re: Handguns passed from Parent to Child

nothing has to be done his Father can just give him the guns

i wouldn't ship them if i were the son id go pick them up in person
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Old January 12th, 2008
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Default Re: Handguns passed from Parent to Child

I thought the transfer had to take place in PA. It might be illegal in another state.
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Old January 13th, 2008
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Default Re: Handguns passed from Parent to Child

If the parent or child live in different states (one in PA, the other somewhere else) the transfer must go through a FFL.

Last edited by Steve in PA; January 13th, 2008 at 12:23 AM.
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Old January 13th, 2008
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Default Re: Handguns passed from Parent to Child

Quote:
Originally Posted by Steve in PA View Post
If the parent or child live in defferent states (one in PA, the other somewhere else) the transfer must go through a FFL.
This is my understanding as well.
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Old January 13th, 2008
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Default Re: Handguns passed from Parent to Child

All interstate transfers, except bequeaths, have to go through a FFL.
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Old January 13th, 2008
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Default Re: Handguns passed from Parent to Child

Quote:
Originally Posted by knight0334 View Post
All interstate transfers, except bequeaths, have to go through a FFL.
+1. That simple (for non-licensees obviously)
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Old January 13th, 2008
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Default Re: Handguns passed from Parent to Child

Quote:
I believe that the father could simply transport the firearms to PA and then hand them to his son PROVIDED his son is legally allowed to own the handguns.
+1. The statute does not mention anything about the State of residency for giver or givee. It's the PA law that a parent can give to their child, period. Challenging how someone comes into possession of a handgun that's not in the PA purchase database is moot, because there is no wrong answer. PA cannot enforce another state's law if it differs from PA, so as far as possessing a gun PA has no record of, it just doesn't matter. I have guns I've purchased or traded for all over the country. If for some reason a PA LEO asks me where I got my gun, which I can't think of any reason they would, and I said from a friend when I was visiting him in Florida, is there anything wrong with that? Would the LEO follow up to see if the transfer was legal in Florida? What would be the use, he couldn't do anything about it even if it wasn't legal per FL law. It's not like I have to REGISTER every handgun I bring into the state with proof of purchase. Personally, I like the fact that the paper trail of the guns my grandfather and father have given me is a dead end.
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Old January 13th, 2008
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Default Re: Handguns passed from Parent to Child

Quote:
Originally Posted by str8shooter View Post
+1. The statute does not mention anything about the State of residency for giver or givee.
Fed law does.
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