Handgun Laws

[yorkpaguy]

The senario: Is it legal for a father or someone over the age of 21 to purchase a handgun, and then give it to lets say their son, who is less than 21 years old and lives alone. I have done a lot of reading online, but I can not seem to find a straight answer or a statute which would revoke such a transaction. If have an answer can you please cite your source?

[Steve in PA]

Did your research include the PA Crimes Code, Chapter 61 Firearms & Other Dangerous Articles, Subchapter A Uniform Firearms Act, Section 6111 Sale or Tranfser of Firearms, Subsection (c) Duty of other persons;

(c) Duty of other persons.--Any person who is not a licensed
importer, manufacturer or dealer and who desires to sell or
transfer a firearm to another unlicensed person shall do so only
upon the place of business of a licensed importer, manufacturer,
dealer or county sheriff's office, the latter of whom shall
follow the procedure set forth in this section as if he were the
seller of the firearm. The provisions of this section shall not
apply to transfers between spouses or to transfers between a
parent and child or to transfers between grandparent and
grandchild.

As long as the son or daughter can legally possess a firearm, a parent or grandparent and only a parent or grandparent can buy and/or give them a firearm.

[em2b96p]

^^^ lets not forget that we are dealing with a handgun here.

no.... <21 w/ handgun
yes... >18 w/ rifle


look at recent news.. key words.. mom, plymouth whitemarsh, columbine style, bully, homeschool, 14 year old, 9mm hangun, bought for son...

[yorkpaguy]

em2b,
Please cite your sources. Where can I find the law that specifically states anyone under 21 may not possess a handgun? In fact, through my research, I found that the federal law for minimum age possesing a handgun in 18, expect in several states and cities, PA is not listed as one of those states.

[knight0334]

I've said this way too many times..

In PA, the legal age of possession of a firearm, including handguns, is 18. Federal law mandates that you have to be 21 to buy one from a dealer(FFL). A person 18yo may be gifted one or buy one from a parent or grandparent and not have to do the transfer paperwork. That same 18yo may also buy or be given a handgun from any other person - but it must be transfered at a Sheriff's office.

[yorkpaguy]

Knight,
This is one of the minor reasons I chose a career in medicine, not law. What you just said has re-affirmed how i interpret everything I have read. Every PA gov't org says everything one can not do. Do you know where I can find the rights of a person, in regards to this topic? Also, Is this a question for the attorney general's office?

[XD45]

Knight,
This is one of the minor reasons I chose a career in medicine, not law. What you just said has re-affirmed how i interpret everything I have read. Every PA gov't org says everything one can not do. Do you know where I can find the rights of a person, in regards to this topic? Also, Is this a question for the attorney general's office?

theres really no need to do all that, this situation has been covered many times. as long as your 18+ and a spouse, grandparent, or parent is the one gifting you the handgun you are legal. you must beable to legally own firearms though, say your a felon you'd still be violating that felon with no gun law even though you got the firearm legally. you can also OC before turning 21, but thats a whole 'nother can o worms i dont plan on opening at the moment right there

[Steve in PA]

^^^ lets not forget that we are dealing with a handgun here.

no.... <21 w/ handgun
yes... >18 w/ rifle


look at recent news.. key words.. mom, plymouth whitemarsh, columbine style, bully, homeschool, 14 year old, 9mm hangun, bought for son...

Sorry dude, your wrong. It is perfectly legal for a parent or grandparent to buy and/or give a firearm to a child or grandchild. A minor (person under the age of 18) may not "possess" a firearm as in ownership, however he may posess it for usage as in the following;

§ 6110.1. Possession of firearm by minor.
(a) Firearm.--Except as provided in subsection (b), a person
under 18 years of age shall not possess or transport a firearm
anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person
under 18 years of age:
(1) who is under the supervision of a parent,
grandparent, legal guardian or an adult acting with the
expressed consent of the minor's custodial parent or legal
guardian and the minor is engaged in lawful activity,
including safety training, lawful target shooting, engaging
in an organized competition involving the use of a firearm or
the firearm is unloaded and the minor is transporting it for
a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance
with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult.--Any person who knowingly and
intentionally delivers or provides to the minor a firearm in
violation of subsection (a) commits a felony of the third
degree.
(d) Forfeiture.--Any firearm in the possession of a person
under 18 years of age in violation of this section shall be
promptly seized by the arresting law enforcement officer and
upon conviction or adjudication of delinquency shall be
forfeited or, if stolen, returned to the lawful owner.
(June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days;
Nov. 22, 1995, P.L.621, No.66, eff. imd.)

[knight0334]

Knight,
This is one of the minor reasons I chose a career in medicine, not law. What you just said has re-affirmed how i interpret everything I have read. Every PA gov't org says everything one can not do. Do you know where I can find the rights of a person, in regards to this topic? Also, Is this a question for the attorney general's office?

"The right of the citizens to bear arms in defense of themselves and the State shall not be questioned." - Pennsylvania Constitution, Section 21

"A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." - US Constitution, Amendment II

PA Gun Laws: http://www.legis.state.pa.us/WU01/LI...18/00.061..HTM
Specifically for age: http://www.legis.state.pa.us/WU01/LI...1.010.001..HTM

§ 6110.1. Possession of firearm by minor.
(a) Firearm.--Except as provided in subsection (b), a person
under 18 years of age shall not possess or transport a firearm
anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person
under 18 years of age:
(1) who is under the supervision of a parent,
grandparent, legal guardian or an adult acting with the
expressed consent of the minor's custodial parent or legal
guardian and the minor is engaged in lawful activity,
including safety training, lawful target shooting, engaging
in an organized competition involving the use of a firearm or
the firearm is unloaded and the minor is transporting it for
a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance
with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult.--Any person who knowingly and
intentionally delivers or provides to the minor a firearm in
violation of subsection (a) commits a felony of the third
degree.
(d) Forfeiture.--Any firearm in the possession of a person
under 18 years of age in violation of this section shall be
promptly seized by the arresting law enforcement officer and
upon conviction or adjudication of delinquency shall be
forfeited or, if stolen, returned to the lawful owner.


Definitions of a "firearm": http://www.legis.state.pa.us/WU01/LI...1.002.000..HTM

"Firearm." Any pistol or revolver with a barrel length less
than 15 inches, any shotgun with a barrel length less than 18
inches or any rifle with a barrel length less than 16 inches, or
any pistol, revolver, rifle or shotgun with an overall length of
less than 26 inches. The barrel length of a firearm shall be
determined by measuring from the muzzle of the barrel to the
face of the closed action, bolt or cylinder, whichever is
applicable.

[Mtbkski]

I've said this way too many times..

And if you stay on this site. And are willing to help those that keep joining. Your going to say it a 1000 more times. But remember. The reason your repeating it is cause someone is asking. Asking is a good thing. Assuming is not. Keep up the good work. It is appreciated by everyone. Especially those that are asking the questions. Hope to see you here to answer that question a 1000 more times. You do a very good job of it. Keep it up.