So... My brother got a handgun for christmas...
As the title says, my Younger brother (Turned 21 a month prior to this) was gifted a handgun by our mother's boyfriend, a Sig Saur P322 9mm, rather old. A problem has arose, however. My mother is looking to break it off with this guy (He is a dick who honestly is one of those few people you wouldn't trust with a gun, how he got his I will never know.) My brother, and myself, are worried that this man will try and take the gun back, going so far as to call the cops and say we stole it. We do have 3 witnesses to saying, 'Hey, he gave my brother the gun, it's his, right?' but we are looking, regardless, to get it in my brother's name in the eyes of the Law (With him being military and whatnot, he kinda wants to stay kosher.) What exactly is the process for this? Is there even a process at all?
I am sure this question has been asked often, I just can't find it anywhere on these forums. Any help is greatly appreciated. Thank you!
Re: So... My brother got a handgun for christmas...
Sounds like the boyfriend and brother engaged in an illegal transfer of a firearm if it wasn't transferred via an FFL.
Re: So... My brother got a handgun for christmas...
If the mother's boyfriend didn't properly transfer the "firearm" to your brother, the boyfriend committed a 1st Degree Misdemeanor. And your brother is in possession of contraband.
If the handgun was properly transferred, it is your brothers with no refutable argument.
Re: So... My brother got a handgun for christmas...
Quote:
Originally Posted by
knight0334
If the mother's boyfriend didn't properly transfer the "firearm" to your brother, the boyfriend committed a 1st Degree Misdemeanor. And your brother is in possession of contraband.
If the handgun was properly transferred, it is your brothers with no refutable argument.
Okay...
So, right now the Boyfriend is still in the picture. If, I say get them to go and get it transferred by an FFL within say... The next week? (The firearm has just been in this house, as far as technicality, the situation on it hasn't changed, sits in the same drawer, is never used, etc.) Would it then be his, and we are worry free?
Also, just to clarify, my brother isn't violating any laws here, just the boyfriend, correct?
Re: So... My brother got a handgun for christmas...
Quickly before she dumps him, have the boyfriend go with your brother to do a proper transfer.
If he won't do one, he probably can't pass a background check and you may be better off just returning it upon breakup...maybe sans magazines so he can't use it on his ex-girlfriend.
Re: So... My brother got a handgun for christmas...
As you know that gift was illegal.
I Am Not A Lawyer (IANAL)
If your brother still resides in PA (you said he is in the military) then
would suggest they both make haste together to the closest FFL (Federal Firearms Licensee) and do the forms for a transfer.. last week I was charged a measly $25.. both need to be present
If your brother is stationed outside of PA.. well then boyfriend would need to find a FFL who would take possession and ship the firearm to a FFL where your brother resides who would then do the NIC check and present him the firearm.
Re: So... My brother got a handgun for christmas...
Quote:
Originally Posted by
alpacaheat
Quickly before she dumps him, have the boyfriend go with your brother to do a proper transfer.
If he won't do one, he probably can't pass a background check and you may be better off just returning it upon breakup...maybe sans magazines so he can't use it on his ex-girlfriend.
Yeah, that's what I am looking to do. Found out there is an FFL three blocks from our house (God I love this state.)
And thanks for the concern, I wouldn't give him the ammunition or mags, and the entire time I will be sitting across the room with my Baretta APX, keeping a VERY close eye on him, and reciting castle laws and warning shot procedures in my head, just in case.
Re: So... My brother got a handgun for christmas...
Quote:
Originally Posted by
sre5079
... warning shot procedures in my head, just in case.
There is no warning shot! A "warning" shot will get you into trouble. In a case that you have to draw your weapon you either shoot to stop the perpetrator or not, that is it! (mike drop)
If your brother has never touched or accepted the gun then it has not been "gifted". Words don't mean a thing. The giftee has to take possession for it to be a "gift". The legal way for it to be a "gift" by the boyfriend is to do a legal transfer at a FFL. Then, once the BGC is done, the gift now belongs to the giftee and the gifter is out of the picture.
Now, as for you not giving the boyfriend the ammo and mags, and even the gun, if they are his and the gun has not been legally transferred, you legally cannot keep the boyfriends possessions from him.
Re: So... My brother got a handgun for christmas...
Quote:
Originally Posted by
sre5079
Okay...
So, right now the Boyfriend is still in the picture. If, I say get them to go and get it transferred by an FFL within say... The next week? (The firearm has just been in this house, as far as technicality, the situation on it hasn't changed, sits in the same drawer, is never used, etc.) Would it then be his, and we are worry free?
Also, just to clarify, my brother isn't violating any laws here, just the boyfriend, correct?
If he and your mother's boyfriend knowingly acted in violation of the law, both could be guilty of conspiracy.
There really isn't a legal means to "undo a crime", but it is possible to make things seen that a crime hasn't taken place.
Re: So... My brother got a handgun for christmas...
Give it back and she can dump him all is well.