Pennsylvania Firearm Owners Association
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  1. #1
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    Default Parent buying a hnadgun for me, age 19

    I know that under PA state law that a parent can buy a handgun and gift it to you if you are under 21 but over 18. Recently I have been having alot of trouble getting our local FFL dealers to understand this. I brought my mother in to buy a used Px4 and was turned away because an employee told my mother that I was not legally allowed to have the gun unless we were at the range together, and that she could not gift it to me.
    This is all a bunch of crap, as open carry is allowed at 18, and there are exceptions for range use. I dont plan on carrying, but I do plan on extensive range use, and as an investment since we do not know what is gonna happen with firearms under the current administration. Sorry for ranting, I'm just frustrated with the lack of knowledge from the employees. Anyone have any advice?
    Last edited by ddevdaman; August 17th, 2012 at 05:16 PM.

  2. #2
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    Default Re: Parent buying a hnadgun for me, age 19

    Quote Originally Posted by ddevdaman View Post
    I know that under PA state law that a parent can buy a handgun and gift it to you if you are under 21 but over 18. Recently I have been having alot of trouble getting our local FFL dealers to understand this. I brought my mother in to buy a used Px4 and was turned away because an employee told my mother that I was not legally allowed to have the gun unless we were at the range together, and that she could not gift it to me.
    This is all a bunch of crap, as open carry is allowed at 18, and there are exceptions for range use. I dont plan on carrying, but I do plan on extensive range use, and as an investment since we do not know what is gonna happen with firearms under the current administration. Sorry for ranting, I'm just frustrated with the lack of knowledge from the employees. Anyone have any advice?
    Go to Tanners in Jamison.


    See link
    http://reference.pafoa.org/statutes/...r-of-firearms/
    Last edited by tabasco_joe; August 17th, 2012 at 06:42 PM.

  3. #3
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    Default Re: Parent buying a hnadgun for me, age 19

    I think the problem here is that, although it is legal for a parent to gift a gun to a child, if she is going in with you with the intention of buying it to give to you, it meets the definition of a straw purchase ( as she cannot say truthfully that she is buying the gun for herself) . If she fills out the paperwork and says she is, she would be lying. You will be hard pressed to find an ffl, after listening to the two of you converse about it, that will proceed with the sale and risk his livelihood.
    That being said, I don't know the legalities of how the gifting clause works in conjunction with purchasing requirements. I am not an FFL, and am only offering my opinion.
    Last edited by DClan; August 17th, 2012 at 05:32 PM.

  4. #4
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    Default Re: Parent buying a hnadgun for me, age 19

    Quote Originally Posted by DClan View Post
    I think the problem here is that, although it is legal for a parent to gift a gun to a child, if she is going in with you with the intention of buying it to give to you, it meets the definition of a straw purchase ( as she cannot say truthfully that she is buying the gun for herself) . If she fills out the paperwork and says she is, she would be lying. You will be hard pressed to find an ffl, after listening to the two of you converse about it, that will proceed with the sale and risk his livelihood.
    That being said, I don't know the legalities of how the gifting clause works in conjunction with purchasing requirements. I am not an FFL, and am only offering my opinion.
    That's basically what I was thinking.

  5. #5
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    Default Re: Parent buying a hnadgun for me, age 19

    Quote Originally Posted by DClan View Post
    I think the problem here is that, although it is legal for a parent to gift a gun to a child, if she is going in with you with the intention of buying it to give to you, it meets the definition of a straw purchase (as she cannot say truthfully that she is buying the gun for herself). If she fills out the paperwork and says she is, she would be lying. You will be hard pressed to find an ffl, after listening to the two of you converse about it, that will proceed with the sale and risk his livelihood.
    Uh, the FFL should read the instructions on the form, to wit:

    "You are also the actual transferee/buyer if you are legitimately purchasing the firearm as a gift for a third party."

    It's all there, in black and white, on page 4 of 6:
    http://www.atf.gov/forms/download/atf-f-4473-1.pdf

  6. #6
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    Default Re: Parent buying a hnadgun for me, age 19

    Quote Originally Posted by ddevdaman View Post
    I know that under PA state law that a parent can buy a handgun and gift it to you if you are under 21 but over 18. Recently I have been having alot of trouble getting our local FFL dealers to understand this. I brought my mother in to buy a used Px4 and was turned away because an employee told my mother that I was not legally allowed to have the gun unless we were at the range together, and that she could not gift it to me.
    This is all a bunch of crap, as open carry is allowed at 18, and there are exceptions for range use. I dont plan on carrying, but I do plan on extensive range use, and as an investment since we do not know what is gonna happen with firearms under the current administration. Sorry for ranting, I'm just frustrated with the lack of knowledge from the employees. Anyone have any advice?
    Red is incorrect. There is no age limit.

    You are correct. A person can legally buy a firearm at an FFL with the intention of gifting it to someone else. Further, since you both are PA residents and she is your parent, she can gift it to you without any need for paperwork. This is NOT a straw purchase

    Don't expect FFLs or police to know the law. Your mom doesn't even have to mention to the FFL what she intends to do. It not their business.

    Your mom buys the firearm, gets home and hands it to you. End of story

    Now..... since youre not 21, you cant get a PA LTCF. You CAN take the firearm to the range, but it MUST be unloaded and you have to travel DIRECTLY to/from the range. Make no stops.

    If you want... you can look into a NH and MA permit (you can get one at 18). Then you can carry outside of an exception like range travel.
    Last edited by BimmerJon; August 17th, 2012 at 08:55 PM.

  7. #7
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    Default Re: Parent buying a hnadgun for me, age 19

    Quote Originally Posted by DClan View Post
    I think the problem here is that, although it is legal for a parent to gift a gun to a child, if she is going in with you with the intention of buying it to give to you, it meets the definition of a straw purchase ( as she cannot say truthfully that she is buying the gun for herself) . If she fills out the paperwork and says she is, she would be lying. You will be hard pressed to find an ffl, after listening to the two of you converse about it, that will proceed with the sale and risk his livelihood.
    That being said, I don't know the legalities of how the gifting clause works in conjunction with purchasing requirements. I am not an FFL, and am only offering my opinion.
    Red is false

  8. #8
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    Default Re: Parent buying a hnadgun for me, age 19

    Yes, I was 99% sure on the legality of what I was trying to do, so after this happened I went to the state police building and got a copy of all PA's state gun laws. I confirmed what you guys said and its completely fine to do and the situation at my shop is being rectified. Also, I applied for the Maine conceal carry permit about 2 months ago, and have been approved and am waiting for the return in the mail.

  9. #9
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    Default Re: Parent buying a hnadgun for me, age 19

    Listen to Bimmerjon, he hit the nail on the head.

    I would recommend just havin your mom go in without you if you don't want any trouble. Unless you feel like being a political activist of course!

  10. #10
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    Default Re: Parent buying a hnadgun for me, age 19

    Quote Originally Posted by ddevdaman View Post
    Yes, I was 99% sure on the legality of what I was trying to do, so after this happened I went to the state police building and got a copy of all PA's state gun laws. I confirmed what you guys said and its completely fine to do and the situation at my shop is being rectified. Also, I applied for the Maine conceal carry permit about 2 months ago, and have been approved and am waiting for the return in the mail.
    Since we both live in Lower Bucks county, would you mine telling me which shop gave you the wrong info (or you could pm me).


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