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Thread: Need advice

  1. #1
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    Default Need advice

    My father in law was arrested and convicted of retail theft. He has a gun permit but part of his probation is he cannot have any firearms. He wants me to hold his guns for him. Is that ok? Does anyone know if I have to fill out paperwork with the sheriff? If I can hold his guns, can I give them back to him after his probation is done?

  2. #2
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    Default Re: Need advice

    If they are handguns, have him gift them to his daughter if she is not prohibited from owning them. If they are long guns he can give or sell to anyone that is not prohibited from owning. If your wife doesn't want the "gift" then the handguns would need to be transferred to you through a FFL dealer.

  3. #3
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    Default Re: Need advice

    Quote Originally Posted by Delerius View Post
    If they are handguns, have him gift them to his daughter if she is not prohibited from owning them. If they are long guns he can give or sell to anyone that is not prohibited from owning. If your wife doesn't want the "gift" then the handguns would need to be transferred to you through a FFL dealer.
    Good advice.

    Piggy backing here, does the parent/child transfer privlages only allow for biological relationships? Or can he gift them to a "son"-in-law?

  4. #4
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    Default Re: Need advice

    Quote Originally Posted by Draxton Smitz View Post
    Good advice.

    Piggy backing here, does the parent/child transfer privlages only allow for biological relationships? Or can he gift them to a "son"-in-law?
    a son-in-law is not an exception.

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

    <SNIP>

    (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.

  5. #5
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    Default Re: Need advice

    Quote Originally Posted by HiredGoon View Post
    a son-in-law is not an exception.

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

    <SNIP>

    (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.
    An affirmative defense, should this be called into question, would be that his wife (the daughter) received them first, took ownership, and then gifted them to her spouse. Granted, "direct" transfer would be illegal, but it also would be relatively difficult to prove.

  6. #6
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    Default Re: Need advice

    my son in law had the same issue. we had all his guns until he went off probation, no problems,,
    In God We Trust............................

  7. #7
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    Default Re: Need advice

    If you have a LTCF your father inlaw can lend them to you. Might want to check it out as an option. He's not prohibited from owning and should not have to transfer ownership.

  8. #8
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    Default Re: Need advice

    Quote Originally Posted by DonM55 View Post
    If you have a LTCF your father inlaw can lend them to you. Might want to check it out as an option. He's not prohibited from owning and should not have to transfer ownership.
    I believe in another post, it was stated that a "loan" is not legally accepted.

    Have him give them to the daughter.
    USAF 77-79, SAC, DMAFB, 390 MIMS, Titan II Crew Chief

  9. #9
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    Default Re: Need advice

    Quote Originally Posted by 9orangeletters View Post
    An affirmative defense, should this be called into question, would be that his wife (the daughter) received them first, took ownership, and then gifted them to her spouse. Granted, "direct" transfer would be illegal, but it also would be relatively difficult to prove.
    If the son in law took the guns from his father in law. This would not be an affirmative defense. If caught they would have to lie and probably get away with it. There is a differance.
    Some people just plain suck.
    If you're gonna be dumb ya gotta be tough.

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