Father to son transfer of pistol.

[joeyd71]

I'm pretty sure this topic has been beat to death on here many times and I have heard a number of different responses.

I received a pistol as a gift from my father. Do I need to do some paperwork in order to make it legit, or because it is father to son I don't have to?

Also, does anybody know what the section of law is pertaining to father to son transfers?

Thanks in advance

[markheck1]

I'm pretty sure this topic has been beat to death on here many times and I have heard a number of different responses.

I received a pistol as a gift from my father.

End of story, provided you are over 18 and not a prohibited person....

Transfers without paperwork are approved for father to son, (actually for parent to child, grandparent to grandchild, and the reverse of these)

[gnbrotz]

If both father and son are PA residents, there is no paperwork that needs to be done. If they live in separate states, the transfer must be completed in the recipient's home state by an FFL to satisfy federal requirements.

18 Pa.C.S. §6111 deals with this issue. Specifically, 18 Pa.C.S. §6111(c) spells out the transactions that are exempt from the usual (state) requirements.

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.

http://reference.pafoa.org/statutes/...r-of-firearms/

[markheck1]

If both father and son are PA residents, there is no paperwork that needs to be done. If they live in separate states, the transfer must be complete in the recipient's home state by an FFL to satisfy federal requirements.

18 Pa.C.S. §6111 deals with this issue. Specifically, 18 Pa.C.S. §6111(c) spells out the transactions that are exempt from the usual (state) requirements.

http://reference.pafoa.org/statutes/...r-of-firearms/

Ahhhh, that's what I get for ASSUMING they were both PA residents, LOL

[joeyd71]

thanks for the help guys. and yes, both my father and I are PA residents, over 18, and are not prohibited.

[renalp]

thanks for the help guys. and yes, both my father and I are PA residents, over 18, and are not prohibited.

In that case, the only requirement is to show proper gratitude to your Dad.

[allglock]

I always wanted to know what would happen down the line, if the son becomes a prohibited person, and they trace the gun back to the father? How would the father prove that he gave it to his son prior, to his son becoming a prohibited person?

[tl_3237]

I always wanted to know what would happen down the line, if the son becomes a prohibited person, and they trace the gun back to the father? How would the father prove that he gave it to his son prior, to his son becoming a prohibited person?

The proscription is for a prohibited person POSSESSING a firearm (18 USC 922(g)) and 18 Pa CSA 6105 - there is none specifically against giving a firearm to a prohibited person but if done so knowingly there is the potential of a complicity charge.

In the case you pose the prosecution would have the onus to show that the father knew the son was prohibited at the time of the transfer.

[acosenza2]

I always wanted to know what would happen down the line, if the son becomes a prohibited person, and they trace the gun back to the father? How would the father prove that he gave it to his son prior, to his son becoming a prohibited person?

It would be the responsibility of the prosecution to

A. Prove that the son was prohibited when the transfer took place and
B. That the father knew or should have reasonably known that his son was a prohibited person at the time of transfer.

IANAL but that is my understanding.

[allglock]

So it would still be better to do an FFL transfer, just to save possible future aggravation?, even though it is unnecessary?