How do you give a gun to a family member?

[HiredGoon]

Has anyone, or is it possible to, FFL transfer a firearm to yourself? I am thinking particularly of what I have purchased when out of state. I think I won't do so on principle, but wondering if it were possible. Perhaps it would 'trigger' a 302?? Pardon the pun.

As I recall from previous posts here, it is possible to do that and for the reason you mentioned... bringing a gun into PA from another state.

[Mosinshooter762]

Has anyone, or is it possible to, FFL transfer a firearm to yourself? I am thinking particularly of what I have purchased when out of state. I think I won't do so on principle, but wondering if it were possible. Perhaps it would 'trigger' a 302?? Pardon the pun.

Ah yes! Not having a gun 'registered' in the illegal Record of Sales computer database. So much for Corbett's promise to pull the plug on it.

[Mosinshooter762]

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.

Pennsylvania is more and more often sounding like New Jersey when it comes to firearms. In New Jersey, you have to be careful even with doing 'legal' things with firearms, because well, it just might later on be considered 'illegal' by the police. What makes Pennsylvania different in this example? You have to jump through more hoops than the law requires because something that is perfectly 'legal' to do with a firearm might be considered later on to be 'illegal' by the police.

Just my thought, but I don't see how the people of New Jersey and Pennsylvania are any better off compared to many other states where having a firearm is about as complicated as having fishing tackle or a kitchen knife.

[mpan72]

Dosen't the son have to be at least 18 years old?

[RuthlessZ]

Out of curiosity can you be prohibited from buying handguns but not rifles or shotguns? I'm 19 and got a handgun for my birthday, but have purchased 11 rifles and a shotgun prior and since then to that so my parent know I'm not prohibited, just curious if that is possible.

Pennsylvania is more and more often sounding like New Jersey when it comes to firearms. In New Jersey, you have to be careful even with doing 'legal' things with firearms, because well, it just might later on be considered 'illegal' by the police. What makes Pennsylvania different in this example? You have to jump through more hoops than the law requires because something that is perfectly 'legal' to do with a firearm might be considered later on to be 'illegal' by the police.

Just my thought, but I don't see how the people of New Jersey and Pennsylvania are any better off compared to many other states where having a firearm is about as complicated as having fishing tackle or a kitchen knife.

I would disagree. We don't need 3 checks to buy a gun, no FOID card, even to buy ammo in NJ. You practically can't get a LTCF equivalent in NJ. PA LTCF is one of easiest to get. Granted we have our problems but they seem fairly minute to me. I have a handgun that's in the illegal database in my father's name, but I feel that as long as you are confident in quotation of actual law with law enforcement they'll back off. I've had to interesting scenarios regarding weapons in PA. One a cop thought my knife was illegal stating is was a prohibited offensive weapon. I explained to him why it wasn't, ironically he was carrying an actual switchblade which he proceeded to show me. Then I was on my way to my cousins with my AR15 on the back seat, got pulled over for speeding, cop asked to grab the serial number, I said no he respected my rights, and gave me a speeding ticket. Then lied to me saying that my rifle had to be in a case or in the trunk, which is as we all know false.

[Mosinshooter762]

Out of curiosity can you be prohibited from buying handguns but not rifles or shotguns? I'm 19 and got a handgun for my birthday, but have purchased 11 rifles and a shotgun prior and since then to that so my parent know I'm not prohibited, just curious if that is possible.



I would disagree. We don't need 3 checks to buy a gun, no FOID card, even to buy ammo in NJ. You practically can't get a LTCF equivalent in NJ. PA LTCF is one of easiest to get. Granted we have our problems but they seem fairly minute to me. I have a handgun that's in the illegal database in my father's name, but I feel that as long as you are confident in quotation of actual law with law enforcement they'll back off. I've had to interesting scenarios regarding weapons in PA. One a cop thought my knife was illegal stating is was a prohibited offensive weapon. I explained to him why it wasn't, ironically he was carrying an actual switchblade which he proceeded to show me. Then I was on my way to my cousins with my AR15 on the back seat, got pulled over for speeding, cop asked to grab the serial number, I said no he respected my rights, and gave me a speeding ticket. Then lied to me saying that my rifle had to be in a case or in the trunk, which is as we all know false.

The prohibitions to purchasing of firearms from an FFL under Pennsylvania and federal law are equally applicable to long guns and handguns. The only major difference is that an FFL can generally not sell handguns to those under 21.

I did not say that Pennsylvania was the same in every sense as New Jersey in regards to firearms. The responses that have been given to the OP in this thread, and your police encounter example show my point that Pennsylvania is much closer to being like New Jersey (with firearms) than being like Vermont.

Harsh mandatory minimums involving the possession and transfer of firearms, which are characteristic of New Jersey's gun laws, are starting to be embraced on the west side of the river. The recent bill regarding 2 or more illegal transfers getting a 5 year mandatory minimum that passed unanimously with no debate in the Pennsylvania legislature shows this. Many of these transfers that are covered by the 5 year mandatory minimum would be perfectly legal in many other states, and under federal law. This new sentencing scheme will ensnare people who commit honest mistakes. The Pennsylvania legislature is following New Jersey's lead.