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October 19th, 2012, 11:13 PM #1
How do you give a gun to a family member?
Say I want to give one of my handguns to my son. Is there paper work involved?
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October 19th, 2012, 11:22 PM #2
Re: How do you give a gun to a family member?
Last edited by CHEMICAL; October 19th, 2012 at 11:26 PM.
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October 19th, 2012, 11:46 PM #3
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October 20th, 2012, 01:43 AM #4Senior Member
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October 20th, 2012, 02:29 AM #5
Re: How do you give a gun to a family member?
Under the current regime, there are unfortunately some good reasons to use an FFL anyway.
First, it's possible that your kid is a prohibited person. He/she may have a drug conviction or other prohibitor from that year in college that they never told you about. Or you may be aware of an incident that you are unaware is a legal prohibitor; maybe they were rebellious in their teens and you had them checked out one weekend, maybe they had a scrape with police and you took them home without any jail time, but the incident is prohibiting nonetheless.
I have had many clients come in who were unaware that they themselves were prohibited, so it's certainly possible that you'd be unaware of your kid's problem. And the problem is worse with respect to a kid giving his dad or grandfather a gun, or your spouse.
Using an FFL will give you that clean bill of legal health.
The other reason is that using an FFL will make the gun appear to be "registered" to the recipient, for police who still misuse the Record of Sale Database. The FFL transfer generates a Record of Sale Form, which updates the Database. If your kid is stopped and the gun taken "for officer safety", it will more likely than not be checked to see if it's stolen, or "registered" to him. The cops aren't supposed to, but the hassle of getting it back will cost a lot more than any transfer fee.
Let's say Mary Smith buys herself a handgun. Later, she marries Bob Jones, and becomes Mary Jones. She gives her handgun to her son, Jim Jones. Jim Jones is stopped, and his gun is found to be "registered" to a Mary Smith. He probably wont be getting it back, not without some effort and a special trip to the PD when "the officer with the key to the property room" is in. And you may need to file a Petition for Return of Property in Common Pleas court to get it back.
It's a risk either way, you can spend the coin to do an FFL transfer and be sure that the recipient passes PICS, and that the gun will appear "registered" when an ignorant LEO misuses the Database (and will also be more easily found if the government violates all common sense and starts banning all handguns)...or you can save the money and risk seizure or worse, maybe.
Either decision is valid, if you make it with an understanding of the risks and benefits.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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October 20th, 2012, 02:30 AM #6
Re: How do you give a gun to a family member?
But when the Po-Po have me spread eagle on the asphalt and are running the serial number against the non-existent-illegal database, how do I prove it is my gun?
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October 20th, 2012, 07:19 AM #7
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October 20th, 2012, 10:21 AM #8
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October 20th, 2012, 11:20 AM #9
Re: How do you give a gun to a family member?
So there IS a gun registry after all. I'll remember that the next time a politician promises me he won't take my gun away because he doesn't even know I have a gun. But I agree with the point GunLawyer made. You have to pretend you are dealing with a stranger. What about guns that are part of someone's estate? Who owns them and who does the transfer?
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October 20th, 2012, 11:45 AM #10Grand Member
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Re: How do you give a gun to a family member?
It is you. You have all the weapons that you need. Now fight. --Sucker Punch
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