Pennsylvania Firearm Owners Association
Results 1 to 7 of 7
  1. #1
    Join Date
    Oct 2009
    Location
    KOP, Pennsylvania
    (Montgomery County)
    Posts
    45
    Rep Power
    0

    Default Gun transfer from son to father

    Most of the posts are from father to son transfer. What if I transfer the gun from son to father? I think I read somewhere that we do not need to to go to an FFL since we are parents and children relationship? But I want to make sure that son to father is legal too. This gun we going to do is a pistol and we are both over 21(ofcourse). Could someone clarify? Thank you!

  2. #2
    Join Date
    Dec 2008
    Location
    Windsor Twsp., Pennsylvania
    (York County)
    Age
    67
    Posts
    6,919
    Rep Power
    21474858

    Default Re: Gun transfer from son to father

    Quote Originally Posted by rsftw View Post
    Most of the posts are from father to son transfer. What if I transfer the gun from son to father? I think I read somewhere that we do not need to to go to an FFL since we are parents and children relationship? But I want to make sure that son to father is legal too. This gun we going to do is a pistol and we are both over 21(ofcourse). Could someone clarify? Thank you!

    Yes. The law doesn't say "father to son" or "son to father", it says "between parent and child" so it can go either way, no paperwork or FFL required only as long as both parties are residents of PA and 18 or older, and not prohibited. Note my correction on your age limitation.

    18 Pa.C.S. § 6111: Sale or transfer of firearms

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

    Citation for age limitation: http://reference.pafoa.org/statutes/...earm-by-minor/
    18 Pa.C.S. § 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.
    .
    Last edited by Curmudgeon; October 9th, 2011 at 02:35 PM.
    While many claim to support the right, precious few support the practice.

  3. #3
    Join Date
    Jul 2011
    Location
    Nazareth, Pennsylvania
    (Northampton County)
    Posts
    321
    Rep Power
    3664

    Default Re: Gun transfer from son to father

    Hi-jack!!

    What if the father and son live in different states. Pa/nj.

  4. #4
    Join Date
    Dec 2008
    Location
    Windsor Twsp., Pennsylvania
    (York County)
    Age
    67
    Posts
    6,919
    Rep Power
    21474858

    Default Re: Gun transfer from son to father

    Quote Originally Posted by Draxton Smitz View Post
    Hi-jack!!

    What if the father and son live in different states. Pa/nj.

    A transfer must occur through a FFL in the receiving state (assuming a handgun).

    Not sure of long guns.
    Last edited by Curmudgeon; October 9th, 2011 at 02:44 PM. Reason: typo
    While many claim to support the right, precious few support the practice.

  5. #5
    Join Date
    Jul 2007
    Location
    ..............., Pennsylvania
    (Chester County)
    Posts
    5,444
    Rep Power
    18905654

    Default Re: Gun transfer from son to father

    All transfers between residents of differing states for both handguns and longarms MUST go through an FFL. FFL of home state of recipient for handguns; FFL of any state for longarms. The only exceptions are estate distributions and 'sporting purposes' loans.

    18 USC 922(a)(5)
    Last edited by tl_3237; October 9th, 2011 at 02:47 PM.
    IANAL

  6. #6
    Join Date
    Oct 2009
    Location
    KOP, Pennsylvania
    (Montgomery County)
    Posts
    45
    Rep Power
    0

    Default Re: Gun transfer from son to father

    Quote Originally Posted by Curmudgeon View Post
    Yes. The law doesn't say "father to son" or "son to father", it says "between parent and child" so it can go either way, no paperwork or FFL required only as long as both parties are residents of PA and 18 or older, and not prohibited. Note my correction on your age limitation.



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

    Citation for age limitation: http://reference.pafoa.org/statutes/...earm-by-minor/

    .
    You guys are the best! Thanks for the reply. I just want to make 100% sure.

  7. #7
    Join Date
    Dec 2008
    Location
    Eastern, Pennsylvania
    Posts
    1,890
    Rep Power
    463885

    Default Re: Gun transfer from son to father

    Quote Originally Posted by rsftw View Post
    You guys are the best! Thanks for the reply. I just want to make 100% sure.
    Better safe than sorry!
    I am not a lawyer and nothing I say should be construed as legal advice.

Similar Threads

  1. Father to Son transfer of a rifle
    By Tun Tavern 1775 in forum General
    Replies: 12
    Last Post: January 24th, 2013, 11:58 PM
  2. Father to son transfer (handgun)
    By chris198 in forum General
    Replies: 40
    Last Post: April 4th, 2012, 10:56 PM
  3. gun transfer father to son
    By drew316 in forum Pistols
    Replies: 17
    Last Post: April 6th, 2010, 10:37 PM
  4. Gun transfer from father to son
    By Moondog in forum General
    Replies: 9
    Last Post: January 17th, 2009, 01:11 PM
  5. Transfer from PA to OH, Father to son.
    By shadow24 in forum General
    Replies: 9
    Last Post: November 15th, 2006, 10:44 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •