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January 15th, 2011, 12:11 AM #1Junior Member
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Gifting Handgun to person under 21
Hello all, sorry if this has been rung up the flag pole multiple times but...I know federal law allows gifting or selling a handgun to a person under 21 if you are not an FFL but since all private handgun transfers in PA must go thru a FFL, does that make it illegal to sell of gift a handgun to a person under 21? Thanks in advance
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January 15th, 2011, 12:22 AM #2
Re: Gifting Handgun to person under 21
You can only transfer a handgun to anyone who is your spouse, parent, child, grandparent, or grandchild without a sheriff or FFL. Every other transfer of a handgun, that I know of, needs a sheriff or FFL.
http://reference.pafoa.org/statutes/...r-of-firearms/
ETA~ AFAIK sheriff's can transfer to under 21, but you would have to find one to do so.
"I would rather be exposed to the inconveniences attending too much liberty
than to those attending too small a degree of it."~Thomas Jefferson, 1791
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January 15th, 2011, 09:55 AM #3Grand Member
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retired to Eastern,
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Re: Gifting Handgun to person under 21
If you don't fit into one of these categories, you could transfer the gun to someone who does (e.g., a parent or grandparent) who could then give the gun to his/her child without involvement of an FFL. I wouldn't see that as a "straw purchase."
The possibility of a sheriff transferring the gun exists and has been discussed here many times, but I don't recall an instance where a sheriff was actually willing to handle a transfer.
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January 15th, 2011, 01:37 PM #4Senior Member
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January 15th, 2011, 03:53 PM #5
Re: Gifting Handgun to person under 21
A person 18 years of age in PA can legally purchase a handgun in a private transaction, just not through an FFL as they must run it through PICS. At 18 years of age it is legal to own, possess and openly carry a handgun in Pennsylvania. However, as mentioned previously, you would have to find a Sheriff willing to transfer a handgun to a person under 21 years of age.
Last edited by sprrdhawk44; January 16th, 2011 at 04:24 AM.
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January 15th, 2011, 04:11 PM #6
Re: Gifting Handgun to person under 21
I think that could be prosecuted as a conspiracy.
There are plenty of instances of people who structured a transaction so that each piece was legal, but the aggregate was held to be unlawful.. Ask Tom Delay about that, if you can catch him before his prison term begins.
There was a dealer who bought some imported "police/military only" rifles through a National Guard unit (legal), then the NG guys re-sold them to civilians (legal). Since the scheme was to sell restricted-import guns to civilians, the dealer was convicted, despite each step in his plan being legal.
It's a bit like doing a bunch of cash transactions that are each below the reporting limit; the IRS will go after you for the totality, not the parts of the scheme.
I would not transfer a gun to my cousin by running it through my grandpa and then back down to the cousin. Not worth the risk.
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