Legal Question (Transfers)

[free]

If dad resident in State "A" gives gun to his child resident in State "B" (where "B" may or may not be PA), where "giving" occurs within the borers of State "A", without doing an FFL transfer, who is breaking the law?

A). Dad.
B). Child.
C). Dad and Child.

FWIW, "child" has been over 21 for a very long time (NOTE: this "FWIW" clarification was added subsequent to posts 2 and 4, and this "NOTE" was added subsequent to post #8. Just so everyone is cleeeeear. Have a wonderful day).

[Gun]

Dad is breaking federal law.

He would need to transfer the gun to the mother or guardian of the child by FFL in the state the mother or guardian lives in. The child cannot receive the gun until legal age is reached.

IANAL.

[free]

The child cannot receive the gun until legal age is reached.

Unless child has been over 21 for a long time (:

[Gun]

Unless child has been over 21 for a long time (:

My father stopped referring to me as his child after I became a teenager, which I suspect most fathers would have done.

[free]

My father stopped referring to me as his child after I became a teenager, which I suspect most fathers would have done.

Ummm........OK.

Substitute, "offspring", "fruit of one's loins", "son or daughter", "progeny", "descendant", etc.

Wasn't really looking for an argument over semantics.

[knight0334]

If dad resident in State "A" gives gun to his child resident in State "B" (where "B" may or may not be PA), where "giving" occurs within the borers of State "A", without doing an FFL transfer, who is breaking the law?

A). Dad.
B). Child.
C). Dad and Child.

FWIW, "child" has been over 21 for a very long time.

C. Federal law makes it a felony for both. 10 years in prison + upto $250000 fine.

Ownership transfers across state lines regardless as to where the transfer takes place.

[GunLawyer001]

C. Federal law makes it a felony for both. 10 years in prison + upto $250000 fine.

Ownership transfers across state lines regardless as to where the transfer takes place.

Yes.

(a) It shall be unlawful—
(1)
(2)
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
(4)
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
(6)
(7)
(8)
(9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.

[Gun]

Ummm........OK.

Substitute, "offspring", "fruit of one's loins", "son or daughter", "progeny", "descendant", etc.

Wasn't really looking for an argument over semantics.

You used the word 'child' in your OP, then edited the post to state the child was over 21.

If you want to be taken seriously about a question of law, then don't sound like one of the one time posters who have no ability to write concisely.

My answer reflected what you asked, as it would pertain if one of the actors was a child.

[free]

[SIZE="3"][FONT="Comic Sans MS"]You used the word 'child' in your OP, then edited the post to state the child was over 21.

Yes....in response to your post. When I had posted originally, it didn't occur to me that someone would be confused or want to go on about semantics about whether someone who was born of two people ceased to be their child after he/she turned 21. So I revised the post to make it more clear, for the benefit of others who may wish to respond to the OP.

If you want to be taken seriously about a question of law, then don't sound like one of the one time posters who have no ability to write concisely.

Thank you for your input.

[free]

C. Federal law makes it a felony for both. 10 years in prison + upto $250000 fine.,,,

Yes.

[I](a) It shall be unlawful—...

Perfect. Just what I needed. I will quote that to the relevant party.

Thanks!
F