Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jan 2011
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    Lafayette Hill, Pennsylvania
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    Default Gun Law Question ...

    First of all, if I'm putting this in the wrong section, I apologize.

    In any event, I have a pistol I want to give to my son. He's 25, and a resident of Arkansas who is visiting this week on vacation.

    I'm a PA resident, and purchased the pistol here through the normal pistol buying process.

    Can I transfer it to him as my son without any formal transfer/background process? He'll transport it legally (locked in it's original box, apart from any ammunition). Any legal pitfalls I should be concerned about?

    Thanks in advance guys/gals for any advice.

  2. #2
    Join Date
    Dec 2008
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    Windsor Twsp., Pennsylvania
    (York County)
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    Default Re: Gun Law Question ...

    The transfer between parent and child you're thinking of is a PA statute and applies when both are PA residents only.

    What you are looking at here is an interstate transfer and must follow federal laws.

    IIRC, at a minimum it must be transferred at an FFL in the buyers (or receivers) home state.

    Edited to add: He cannot take it to Arkansas and transfer it there. He should find an FFL there who is willing to do the transfer, and follow his instructions. Likely you will have to ship it to the FFL, or you will have to get a PA FFL to ship it to the AR FFL.
    .
    Last edited by Curmudgeon; July 1st, 2012 at 08:35 PM.
    While many claim to support the right, precious few support the practice.

  3. #3
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    Mar 2012
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    Sim City, Pennsylvania
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    Default Re: Gun Law Question ...

    Please Note: The poster was issued an infraction for this post.

    Was he ever a PA resident? Who is to say that you didn't transfer the weapon to him while you were both in PA, and PA residents?

    P.S. The above is not legal advice.

  4. #4
    Join Date
    Mar 2006
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    Private, Pennsylvania
    (Montgomery County)
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    Default Re: Gun Law Question ...

    Quote Originally Posted by OldSchoolPC View Post
    Was he ever a PA resident? Who is to say that you didn't transfer the weapon to him while you were both in PA, and PA residents?

    P.S. The above is not legal advice.
    do NOT suggest this sort of thing. ever.
    "Oderint Dum Metuant" - BMFH

    "Tact is for people not witty enough to use sarcasm"

    Note: any whingeing crazy that hits my PM inbox will be deleted without reply

  5. #5
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    Default Re: Gun Law Question ...

    Quote Originally Posted by JayBell View Post
    do NOT suggest this sort of thing. ever.
    Um, I didn't. Re-read it. Firstly, I made a disclaimer saying that it isn't legal advice. As in, I am not a lawyer. That is different than saying "This is illegal advice." There was no "advice" at all. My post said, "who's to say?" Instead of mis-reading this as some sort of advice, consider other options. The burden of proof would be on the state to prove that it was an illegal transfer. So, "just sayin'!" comes to mind. So, who's to say that it wasn't a legal transfer? I did not say: "You should just give it to him anyway, regardless of the law." I should not have received an infraction. I say again, there was no advice, nor suggestion of an illegal action. I was using the forum for it's intended purpose. Discussion about firearms.

    P.S. Negative rep was nice too...
    Last edited by OldSchoolPC; July 2nd, 2012 at 12:01 AM.

  6. #6
    Join Date
    Apr 2010
    Location
    Duncansville, Pennsylvania
    (Blair County)
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    Default Re: Gun Law Question ...

    It was most certainly an insinuation that disregarding the law would be okay in this situation, because it would be hard to prove otherwise. Don't act like that's not what you meant.

  7. #7
    Join Date
    Dec 2006
    Location
    Bucks, Pennsylvania
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    Default Re: Gun Law Question ...

    Quote Originally Posted by OldSchoolPC View Post
    Was he ever a PA resident? Who is to say that you didn't transfer the weapon to him while you were both in PA, and PA residents?

    P.S. The above is not legal advice.
    Quote Originally Posted by OldSchoolPC View Post
    Um, I didn't. Re-read it. Firstly, I made a disclaimer saying that it isn't legal advice. As in, I am not a lawyer. That is different than saying "This is illegal advice." There was no "advice" at all. My post said, "who's to say?" Instead of mis-reading this as some sort of advice, consider other options. The burden of proof would be on the state to prove that it was an illegal transfer. So, "just sayin'!" comes to mind. So, who's to say that it wasn't a legal transfer? I did not say: "You should just give it to him anyway, regardless of the law." I should not have received an infraction. I say again, there was no advice, nor suggestion of an illegal action. I was using the forum for it's intended purpose. Discussion about firearms.

    P.S. Negative rep was nice too...
    The OP clearly stated that he hasn't transferred the gun yet, and his son lives in Arkansas. You should re-read his post, and not assume that the other members here are morons. You very clearly intended to suggest that the OP wouldn't get caught if he broke the law, which is not why people use this forum, nor is it the intended purpose of this forum.

    BTW, adding "this is not legal advice" is sort of pointless. For example, I could write "I will not be dinging you with any negative rep", yet that would hardly supersede reality, would it?
    Last edited by GunLawyer001; July 2nd, 2012 at 03:59 AM.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
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  8. #8
    Join Date
    Jun 2011
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    Windsor, Pennsylvania
    (York County)
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    Default Re: Gun Law Question ...

    You should let your son go back to Arkansas. Once he is home, have him find an ffl willing to accept having the gun shipped to them ( either fed ex, or another ffl if needed ). Have the Ark. Ffl then properly transfer the gun to him. Have your son call you with the total for the transfer and send him a check or money order. Your son now has legal possession and ownership of the weapon ( provided he is not prohibited ) at no cost to him, you've met all legal requirements, and your father of the year in his book. It's a win/win.

  9. #9
    Join Date
    Jan 2011
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    Lafayette Hill, Pennsylvania
    (Montgomery County)
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    Default Re: Gun Law Question ...

    Quote Originally Posted by DClan View Post
    You should let your son go back to Arkansas. Once he is home, have him find an ffl willing to accept having the gun shipped to them ( either fed ex, or another ffl if needed ). Have the Ark. Ffl then properly transfer the gun to him. Have your son call you with the total for the transfer and send him a check or money order. Your son now has legal possession and ownership of the weapon ( provided he is not prohibited ) at no cost to him, you've met all legal requirements, and your father of the year in his book. It's a win/win.
    Sounds like the right plan. I suppose I need an FFL here in PA to ship it to the FFL in Arkansas? I can't just ship a pistol to an FFL, right?

  10. #10
    Join Date
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    Private, Pennsylvania
    (Montgomery County)
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    Default Re: Gun Law Question ...

    Quote Originally Posted by OldSchoolPC View Post
    Um, I didn't. Re-read it. Firstly, I made a disclaimer saying that it isn't legal advice. As in, I am not a lawyer. That is different than saying "This is illegal advice." There was no "advice" at all. My post said, "who's to say?" Instead of mis-reading this as some sort of advice, consider other options. The burden of proof would be on the state to prove that it was an illegal transfer. So, "just sayin'!" comes to mind. So, who's to say that it wasn't a legal transfer? I did not say: "You should just give it to him anyway, regardless of the law." I should not have received an infraction. I say again, there was no advice, nor suggestion of an illegal action. I was using the forum for it's intended purpose. Discussion about firearms.

    P.S. Negative rep was nice too...
    since you decided to do this in public....

    you weren't clever enough in your wording to pull off this being truly "tongue in cheek"... I could hand you a bottle of cyanide and say "I'm not a chemist, who's to say thats not kool aid" and it also wont pass muster.

    if you feel your 5 point infraction for "Illegal Content : Gray Area" was out of line, please feel free to file a complaint via our complaint process, and see if the rest of the staff agrees this was a 5 point gray area infraction or a 40 point Willful and Moderate" ... go read the rules, so many people havent bothered and moan when they get nicked.

    PS. as a note to others here, any neg rep you acquired did not come from me, but from other users who also saw past your cunning wordplay
    "Oderint Dum Metuant" - BMFH

    "Tact is for people not witty enough to use sarcasm"

    Note: any whingeing crazy that hits my PM inbox will be deleted without reply

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