19 and owning a handgun?

[RyanRevolution]

My mother recently just purchased a pistol, we go shooting a lot and she brought up that in the future she will possibly give it to me as a gift.

I talked to the guys inside of Tanners and they said that the law was that it was 21 to own a pistol, I called the Sheriffs office and got transferered to permits and the woman behind the phone frantically told me that "this was scary", "illegal", " a straw purchase" and that because I could not buy a pistol at a FFL, that I cannot own one or posess it. I thought that was funny because that law does not extend to things like cigs, so I am scratching my head.

Am I able to own a pistol in PA at 19 if I am given it as a gift from a parent? If so, Can I open carry it? Can I take it back and fourth to the range?

Can you cite PA law saying so, I looked all over and the Gun Control Act of 1968 only makes it so the min age of owning is 18.

Am I wrong?
Thanks

[Statkowski]

§ 6110.1. Possession of firearm by minor.

1. 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.
2. Exception.--Subsection (a) shall not apply to a person under 18 years of age:
   1. who is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in lawful activity, including safety training, lawful target shooting, engaging in an organized competition involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful purpose; or
   2. who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).
3. Responsibility of adult.--Any person who knowingly and intentionally delivers or provides to the minor a firearm in violation of subsection (a) commits a felony of the third degree.
4. Forfeiture.--Any firearm in the possession of a person under 18 years of age in violation of this section shall be promptly seized by the arresting law enforcement officer and upon conviction or adjudication of delinquency shall be forfeited or, if stolen, returned to the lawful owner. (June 13, 1995, 1st Sp.Sess., P.L.1024, No.17, eff. 120 days; Nov. 22, 1995, P.L.621, No.66, eff. imd.) 1995 Amendments. Act 17, 1st Sp.Sess., added section 6110.1 and Act 66 amended subsec. (b). Cross References. Section 6110.1 is referred to in sections 6105, 6115 of this title.

Note, this subsection states "under 18" (which you are not), and not "under 21" (which you are).

It is not illegal for you to own a firearm. You can't purchase one, or ammunition for one, nor carry it around outside the house unless going directly to or from a firing range. Oh, you can open carry it, but only on foot.

[tl_3237]

Yes, your mother can gift you a handgun if you are over 18 provided she and you are Pa residents and the transfer occurs in Pa. No FFL or sheriff is needed - she simply hands it to you as a gift [18 Pa CSA 6111(c)].

Yes, you can OC in Pa HOWEVER you cannot transport it in a vehicle between your residence and/or places that you intend to OC [18 Pa CSA 6106(a)]. You cannot OC in Philadelphia [18 Pa CSA 6108].

Yes, you can transport between residence and range [18 Pa CSA 6106(b)(4)] provided the handgun is unloaded (as defined in 18 Pa CSA 6102).

http://reference.pafoa.org/statutes/ though the changes from Act 2011-10 (HB40) have not been incorporated yet.

Assuming that you are not prohibited under Federal [18 USC 922(g)] or Pa statutes [18 Pa CSA 6105].

[BimmerJon]

[/LIST]
You can't purchase one, or ammunition for one, nor carry it around outside the house unless going directly to or from a firing range.

False times 2

Being 18+, the OP can certainly purchase a firearm, just not from an FFL. He can purchase it from (spouse, parent, child, grandparent, or grandchild) and no paperwork is needed, just hand it over. He also can purchase a firearm from another person, just needs a Sheriff to conduct the transfer.

Long guns? OP can purchase from an FFL or private person at 18+

Carrying it around? Sure he can. Firearm needs to be openly carried or if in a car has to be unloaded (and meet one of the exceptions like you mentioned "going to range"). But again... legal to carry it loaded around as long as it's open. Long guns? OP can carry them loaded or unloaded, openly or concealed. In a car? Just unload them and stay outta philly on both accounts.

If you really wanna get technical. OP (or anyone 18+) can apply for a permit from Maine at 18+ then apply for NH using the Maine to get it.

Wala! 18+ carrying and transporting in PA legally. (Just stay 1000 feet away from schools, don't carry during an emergency, etc.)

[elementfreak431]

§ 6102. Definitions.
Subject to additional definitions contained in subsequent provisions of this subchapter which are applicable to specific provisions of this subchapter, the following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section
"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

§ 6110.1. Possession of firearm by minor.
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.
§ 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


I am dealing with this dilemma now. My dad got his 2nd or 3rd DUI and is now barred from owning firearms. He gave them all to me, including pistols. His psychotic fucking girlfriend freaked when she heard and called my dads parole officer who publicizes his hate for the second amendment and believes, and i quote, "that no one should own guns". He sent officers over to my house to confiscate the weapons telling me and my mom that the transaction made between my dad and I was illegal and that I cannot own pistols. It is such a shame and angers me that fucking wackjobs like this are "enforcing the law". You can own a pistol if your older than 18 and younger than 21.

The parole officer (who's name i will not mention) is one of those officers who is in favor to either sell or destroy confiscated firearms and told me he has the NRA up his ass saying its illegal, as if he is "saving the general public from criminal gun owners". What a fucking joke. The judge who presided over my dads case heard this and ordered the firearms be returned to me. I have to go do that this week sometime. They think it has to be done through an FFL, but I have assured them that between a father and son, no FFL is required. A few lessons to take away from my mistakes.

1.) Know the law
2.) Know the law well
3.) Never let the police into your home unless a warrant for search and seizure is presented

I am thankful that a good judge reversed the parole officers ruling, but this sort of incident should never have happened in the first place

[bigandy1966]

BTW we are in a state of emergency. Have been since hurricane Irene

[knight0334]

§ 6102. Definitions.
Subject to additional definitions contained in subsequent provisions of this subchapter which are applicable to specific provisions of this subchapter, the following words and phrases, when used in this subchapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section
"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

§ 6110.1. Possession of firearm by minor.
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.
§ 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


I am dealing with this dilemma now. My dad got his 2nd or 3rd DUI and is now barred from owning firearms. He gave them all to me, including pistols. His psychotic fucking girlfriend freaked when she heard and called my dads parole officer who publicizes his hate for the second amendment and believes, and i quote, "that no one should own guns". He sent officers over to my house to confiscate the weapons telling me and my mom that the transaction made between my dad and I was illegal and that I cannot own pistols. It is such a shame and angers me that fucking wackjobs like this are "enforcing the law". You can own a pistol if your older than 18 and younger than 21.

The parole officer (who's name i will not mention) is one of those officers who is in favor to either sell or destroy confiscated firearms and told me he has the NRA up his ass saying its illegal, as if he is "saving the general public from criminal gun owners". What a fucking joke. The judge who presided over my dads case heard this and ordered the firearms be returned to me. I have to go do that this week sometime. They think it has to be done through an FFL, but I have assured them that between a father and son, no FFL is required. A few lessons to take away from my mistakes.

1.) Know the law
2.) Know the law well
3.) Never let the police into your home unless a warrant for search and seizure is presented

I am thankful that a good judge reversed the parole officers ruling, but this sort of incident should never have happened in the first place

Get a lawyer and get that resolved. It was legal for your dad to transfer the guns to you. They were your lawful property, and the seizure of them was a 4th Amendment violation.

[Swarner793]

Get a lawyer and get that resolved. It was legal for your dad to transfer the guns to you. They were your lawful property, and the seizure of them was a 4th Amendment violation.

Dude, he prevailed.

Be safe (and fight the law).

Scott

[Emptymag]

False times 2

Being 18+, the OP can certainly purchase a firearm, just not from an FFL. He can purchase it from (spouse, parent, child, grandparent, or grandchild) and no paperwork is needed, just hand it over. He also can purchase a firearm from another person, just needs a Sheriff to conduct the transfer.

Long guns? OP can purchase from an FFL or private person at 18+

Carrying it around? Sure he can. Firearm needs to be openly carried or if in a car has to be unloaded (and meet one of the exceptions like you mentioned "going to range"). But again... legal to carry it loaded around as long as it's open. Long guns? OP can carry them loaded or unloaded, openly or concealed. In a car? Just unload them and stay outta philly on both accounts.

If you really wanna get technical. OP (or anyone 18+) can apply for a permit from Maine at 18+ then apply for NH using the Maine to get it.

Wala! 18+ carrying and transporting in PA legally. (Just stay 1000 feet away from schools, don't carry during an emergency, etc.)

Man. That kind of talk could give someone a heart attack!
Quick! Call the sheriff's department and get Mrs. Scardypants on the line!

Pretty disgusting how much information is given out that is totally false yet is expected to be believed because of the source.

[elementfreak431]

Dude, he prevailed.

Be safe (and fight the law).

Scott

I havent prevailed yet... Not until my property is back in my hands. I am expecting problems with the uneducated people I will most certainly have to educate about PA law. Hopefully this will be a relatively painless experience. I am preparing for resistance so I have already printed out, read, highlighted, and annotated all the PA law that shows that the transfer was legal. Im hoping it will go smoothly.....