18Pa. CSA 1611(c) question. (This will solve a dispute in my home parents home lol)

[acosenza2]

(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.

I know some of you can clear this up for me here. My brother wants to give his handgun to my father and they were on their way to the gun shop when I stopped them and told them they could save themselves the $50 transfer fee by just having my brother gift the handgun to my father. My father and brother said that the gun shop was not allowed because the law says that "you can gift down but not gift up" (eyes bugging out yet?). At any rate I figured you folks could help to clear it up.

I take 1611(c) to mean that not only can my father gift the gun to my brother, but my brother can also gift it to my father. The section says transfers between a parent and child, not transfer from a parent to a child.

Since the section also doesn't say "gift" it says transfer or sell I also take it to mean that my brother can technically sell the gun to my father if he wanted to, and vice versa without an FFL.

[LittleRedToyota]

i would ask them to cite a reference for the idea that you can only "gift down" and not up...or that it has to be a gift at all.

that is certainly not what the statutes say...so, unless some intellectually dishonest judges have created case law to that effect (which is certainly possible), your father and brother are incorrect.

[acosenza2]

i would ask them to cite a reference for the idea that you can only "gift down" and not up...or that it has to be a gift at all.

that is certainly not what the statutes say...so, unless some intellectually dishonest judges have created case law to that effect (which is certainly possible), your father and brother are incorrect.

That is what I thought. The gun shop told them that they could not gift up, only down. The said that it had to be transferred because the gun had to be in my dad's name. They also told me I was wrong when I explained there is not a registry or database so their claim made no sense.

[knight0334]

The law says "between", not "to". "Between" is both directions of two or more given points. "To" is only one direction.

[bigandy1966]

^ this
The gun shop wants to make $20 on two peoples ignorance of the law.

[rwb1500]

^ this
The gun shop wants to make $20 on two peoples ignorance of the law.

Meh, the gun shop just wants to make 20 bucks. They're probably the ones ignorant of the law.

[acosenza2]

Thanks for the responses. It only intensified the argument in this house however lol. I tried to clear it up, I cited the law, but my brother and father are insisting that even though they do not know the law, they are certain the shop knows the law since they have been selling guns for x amount of years. Oh brother, I gave up.

[acosenza2]

^ this
The gun shop wants to make $20 on two peoples ignorance of the law.

Meh, the gun shop just wants to make 20 bucks. They're probably the ones ignorant of the law.

The transfer fee for this particular shop is $50!

[phillykev]

The transfer fee for this particular shop is $50!

Ask them if they're aware of the laws regarding anal rape. Because that's what's happening to them.

[Delerius]

What's the name of this particular shop? I want to make sure I put it on my never to buy at list. That is completely absurd that they would charge 50 dollars for a transfer.