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Thread: Family handgun buy
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March 23rd, 2011, 07:33 PM #1Senior Member
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Glenolden,
Pennsylvania
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Family handgun buy
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?
Last edited by wally36; March 24th, 2011 at 08:57 AM.
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March 23rd, 2011, 07:38 PM #2
Re: Family handgun buy
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.IANAL
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March 23rd, 2011, 08:39 PM #3Active Member
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East Rockhill,
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Re: Family handgun buy
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?
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March 23rd, 2011, 08:52 PM #4
Re: Family handgun buy
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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March 23rd, 2011, 09:26 PM #5Senior Member
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Glenolden,
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Re: Family handgun buy
Thanks fellas
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March 23rd, 2011, 11:17 PM #6
Re: Family handgun buy
+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
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March 23rd, 2011, 11:45 PM #7
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March 24th, 2011, 09:53 AM #8
Re: Family handgun buy
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.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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March 24th, 2011, 12:03 PM #9
Re: Family handgun buy
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.
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.IANAL
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March 24th, 2011, 12:06 PM #10
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