Re: Father to son transfer (handgun)
Quote:
Originally Posted by
SF_Kilo
Yes the law does not allow locals to make their own laws but they do! They will take you in for disturbing the peace or some other technicality. You can quote the law all day long, that will not change how things will work in the "real" world. I would certainly love to be carrying MY Glock 19 (18th birthday present from dad). But I do not go out and try to challenge the Fuzz to a law debate while in public with a gun on my hip. Plus as I stated before you don't want the person that you may need to use that firearm against to know you have it. Not only does knowing about it in advance remove the "surprise" but may also make it easier for the assailant to grab your sidearm and "surprise" you. Oh and unless you walk everywhere you would take your gun you would need to unload and secure it in the car, as open carry is not possible in a vehicle. Would I open carry? NO. Should you open carry? NO. Should anyone open carry (unless on a range or of course on their property of place of business)? NO. Open carry is pointless unless you feel the need to be a tough guy and have a gun, and it only causes problems and could get you killed by your own gun (more likely than concealed carry) or in big trouble by the local law man. Say what you want but go give open carry a shot (no pun intended) and see where it gets you. All you will get is lots of people staring at you until a cop sees what all the attention is about, From there it gets uncomfortable and possibly ugly. But if anyone insists it is legal (which it is as far as I am concerned) try it for a week and see where it gets you. It will cause headaches unless you never leave the house.
If your local government is making laws related to firearms, then I suggest you hire Edgar Snyder and sue the crap out of them. It'd be like winning the lottery.
I open carry all the time, everywhere in the state. ...hell, I even travel to WV and VA and open carry all the way.
Like I said before, if you get arrested for doing something you are lawfully allowed to do, and doing so is a right - you have the potential to be a rich man.
If you look up disorderly conduct or disturbing the peace, there is nothing that can be construed as to making open carrying a violation.
About the tactical advantage thing, there is some truth to that. But I challenge you point out one documented occurance that it has happened to a plain person.
Re: Father to son transfer (handgun)
Does anyone know if the father to son transfer exceptions also apply to step siblings, for example: step-father to step-son
Re: Father to son transfer (handgun)
No step-anything transfers without an FFL or Sheriff.
Must be direct blood relation.
If Father has stepson (not adopted), father could give to mother who could give to son, but not father directly to stepson.
Re: Father to son transfer (handgun)
Also, just to be complete, "paperless" transfers within a family require that both be Pennsylvania residents. Any interstate transfer (except a bequest) has to go through an FFL per Federal law.
Re: Father to son transfer (handgun)
Quote:
Originally Posted by
SF_Kilo
Yes the law does not allow locals to make their own laws but they do! They will take you in for disturbing the peace or some other technicality. You can quote the law all day long, that will not change how things will work in the "real" world. I would certainly love to be carrying MY Glock 19 (18th birthday present from dad). But I do not go out and try to challenge the Fuzz to a law debate while in public with a gun on my hip. Plus as I stated before you don't want the person that you may need to use that firearm against to know you have it. Not only does knowing about it in advance remove the "surprise" but may also make it easier for the assailant to grab your sidearm and "surprise" you. Oh and unless you walk everywhere you would take your gun you would need to unload and secure it in the car, as open carry is not possible in a vehicle. Would I open carry? NO. Should you open carry? NO. Should anyone open carry (unless on a range or of course on their property of place of business)? NO. Open carry is pointless unless you feel the need to be a tough guy and have a gun, and it only causes problems and could get you killed by your own gun (more likely than concealed carry) or in big trouble by the local law man. Say what you want but go give open carry a shot (no pun intended) and see where it gets you. All you will get is lots of people staring at you until a cop sees what all the attention is about, From there it gets uncomfortable and possibly ugly. But if anyone insists it is legal (which it is as far as I am concerned) try it for a week and see where it gets you. It will cause headaches unless you never leave the house.
^^^^^^^fail on so many levels^^^^^^^
Re: Father to son transfer (handgun)
Quote:
Originally Posted by
Exbiker
^^^^^^^fail on so many levels^^^^^^^
And also posted 3+ years ago.
Not worth getting into ;)
Re: Father to son transfer (handgun)
I hate to revive an old thread but it's relevant to my current situation so I'll do it anyway...
I know that the PA laws allow paperless transfers between family members but I was wondering how that would apply to potential civil lawsuits. My Dad is going to transfer a pistol to me, but is worried about not having proof from an FFL or notary. He's worried that if an accident were to occur with the gun he could be held liable in a civil lawsuit because the original gun transfer was from a dealer to him. Should I go through an official ffl transfer just to be safe or is that unnecessary? Thanks in advance.
Re: Father to son transfer (handgun)
Quote:
Originally Posted by
clawedjird
I hate to revive an old thread but it's relevant to my current situation so I'll do it anyway...
I know that the PA laws allow paperless transfers between family members but I was wondering how that would apply to potential civil lawsuits. My Dad is going to transfer a pistol to me, but is worried about not having proof from an FFL or notary. He's worried that if an accident were to occur with the gun he could be held liable in a civil lawsuit because the original gun transfer was from a dealer to him. Should I go through an official ffl transfer just to be safe or is that unnecessary? Thanks in advance.
It's not necessary. If he really is that nervous he can create a bill of sale. He can use this one if he wants:
http://forum.pafoa.org/firearms-6/32...-free-use.html
Just use a price of $0 or write down gift. Have him keep a copy for his records and yours and you're good to go.
Question though, why would he be worried about an accident occurring with the gun when he's giving it to his son? If he's that worried he shouldn't be giving you a gun, end of story. My dad has transfered guns to me without paperwork withou any qualms whatsoever (and he's a lawyer).
Re: Father to son transfer (handgun)
IANAL, but I imagine going through an FFL is safer for this reason:
Quote:
Originally Posted by
GunLawyer001
From Section 6111 of the UFA:
(d) Defense.--Compliance with the provisions of this section shall be a defense to any criminal complaint under the laws of this Commonwealth or other claim or cause of action arising under this chapter arising from the sale or transfer of any firearm.
It's not "total immunity", but it can be an absolute defense, so it immunizes the seller from liability.
Re: Father to son transfer (handgun)
Quote:
Originally Posted by
anonymouse
IANAL, but I imagine going through an FFL is safer for this reason:
True, but if a father can't trust his own son to speak up in court (if the worst were to happen) and say "yes that is my gun, it was legally transferred to me from my father," then maybe the father should reevaluate transferring a gun to his son in the first place.