Family handgun buy

[wally36]

My buddy wants to buy his father a .38 for his birthday, what does he have to know? Can he purchase the handgun for his father and then just to a transfer at one of our local shops?

[tl_3237]

My body wants to buy his father a .38 for his birthday, what does he have to know? Can he purchase the handgun for his father and then just to a transfer at one of our local shops?

Assuming the father is not a prohibited person and the donor (son) and donee(father) are BOTH Pa residents, the son simply buys the handgun and presents it to his father as a gift. Said exchange must be performed while in Pa.

They could elect to do the transfer through a Pa FFL but that is not necessary.

[Mad Scientist]

Knowing that you are not, in fact, buying the gun for yourself and are intentionally buying it as a gift for Dad, how would you answer that question on the form?

[knight0334]

Knowing that you are not, in fact, buying the gun for yourself and are intentionally buying it as a gift for Dad, how would you answer that question on the form?

You are the actual buyer. ...you are buying it for yourself to give as a gift.

For the question of "Are you the actual buyer"(or whatever it says) - you answer "yes"

[wally36]

Thanks fellas

[mp517prct]

+1 on what the other guys said

Parent to child... OK
Child to parent... OK
Spouse to spouse... OK
Grandparent to Grandchild... OK
Grandchild to Grandparent... OK
Sibling to sibling... NOT OK

[ForeverPA]

You are the actual buyer. ...you are buying it for yourself to give as a gift.

For the question of "Are you the actual buyer"(or whatever it says) - you answer "yes"

But whose name is the paper work under? I assume it would be the son. How is this effectively not a straw purchase?

[knight0334]

But whose name is the paper work under? I assume it would be the son. How is this effectively not a straw purchase?

A straw purchase is when you buy the gun FOR the other person, at that other person's request. The paperwork is done under the son's name. It isn't a straw purchase when you are buying it for yourself to give as a gift.

The federal 4473 form is marked "yes" when asked if you are the actual buyer under question 11a.

I cant remember what is on the the PA State Police SP4-113 form. I think there is a section if you are buying it for a family member as a gift.

[tl_3237]

From SP4-113

YOU ARE NOT THE ACTUAL BUYER IF YOU ARE ACQUIRING THE FIREARM ON BEHALF OF ANOTHER PERSON UNLESS YOU ARE LEGITIMATELY ACQUIRING THE FIREARM AS A GIFT FOR ANY OF THE FOLLOWING INDIVIDUALS WHO ARE LEGALLY ELIGIBLE TO OWN A FIREARM: 1) SPOUSE; 2) PARENT; 3) CHILD; 4) GRANDPARENT; OR 5) GRANDCHILD.

For ATF-4473:

see instructions:

For purposes of this form, you are the actual buyer if you are purchasing the firearm for yourself or otherwise acquiring the firearm for yourself (for example, redeeming the firearm from pawn/retrieving it from consignment). You are also the actual buyer if you are acquiring the firearm as a legitimate gift for a third party. ACTUAL BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT the actual buyer of the firearm and must answer “no “ to question 12a. The licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is the actual buyer of the firearm and should answer “yes” to question 12a.

[prospero1919]

+1 on what the other guys said

Parent to child... OK
Child to parent... OK
Spouse to spouse... OK
Grandparent to Grandchild... OK
Grandchild to Grandparent... OK
Sibling to sibling... NOT OK

I could never understand the sibling to sibling rule - you could just go child to parent or grandparent and then grandparent or parent to other child - same thing - just an extra step.