Pennsylvania Firearm Owners Association
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  1. #1
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    Default Transfer Question

    Hello everyone, I am new to the forum so bear with me.

    I recently turned 21 and my brother has intentions of gifting a pistol to me (one that he already owns). My question is, what is the transfer process with this? Is it any different because of it being within immediate family? (aka does a face to face transfer need to be done at a FFL?)

    I was having trouble finding some good information on it and thought you all could help.

    Thanks!

  2. #2
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    Default Re: Transfer Question

    Quote Originally Posted by iphone5c View Post
    Hello everyone, I am new to the forum so bear with me.

    I recently turned 21 and my brother has intentions of gifting a pistol to me (one that he already owns). My question is, what is the transfer process with this? Is it any different because of it being within immediate family? (aka does a face to face transfer need to be done at a FFL?)

    I was having trouble finding some good information on it and thought you all could help.

    Thanks!
    For handguns you will have to appear at a PA FFL to go through the transfer process. Transfers between siblings are treated the same as transfers between unrelated parties. You can only take possession of the handgun from the FFL; until then it must remain in your brother's custody.

    Simply go with your brother to the Pa FFL of your choice with the handgun and they will guide you through the paperwork. The fees vary widely between FFLs so might want to ask around as to cost.

    Unless you or your brother have an LTCF, the pistol transport should be unloaded and in a secure wrapper from your brother's residence directly to the FFL.
    Last edited by tl_3237; June 14th, 2015 at 06:27 PM.
    IANAL

  3. #3
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    Default Re: Transfer Question

    As tl said... and also a PA sheriff has the ability to do a transfer, but trying to find to actually do it may be difficult.
    Last edited by HiredGoon; June 14th, 2015 at 06:35 PM.

  4. #4
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    Default Re: Transfer Question

    Thank you for the help. Those were the straight forward answers i needed.

  5. #5
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    Bellwood (Tyrone), Pennsylvania
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    Default Re: Transfer Question

    Brother-to-Brother is the same as Stranger-to-Stranger. But, if your Father, Mother, Grandfather, or Grandmother understands, your brother can gift it to one of them and then they can gift it to you, no paper required.
    Steve

  6. #6
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    Default Re: Transfer Question

    Quote Originally Posted by SteveWag View Post
    Brother-to-Brother is the same as Stranger-to-Stranger. But, if your Father, Mother, Grandfather, or Grandmother understands, your brother can gift it to one of them and then they can gift it to you, no paper required.
    Steve
    I would steer clear of that, it's similar to bank "structuring". Plenty of folks have been charged and sometimes convicted for doing things that were each technically legal, but were part of an unlawful plan. Examples include cops or National Guardsmen who took delivery of guns intended for 3rd parties.

    Using Grandma to complete an unlawful brother-to-brother transfer is borderline insane, if the plan is to evade the PICS check or whatever.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  7. #7
    Join Date
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    Default Re: Transfer Question

    Quote Originally Posted by SteveWag View Post
    Brother-to-Brother is the same as Stranger-to-Stranger. But, if your Father, Mother, Grandfather, or Grandmother understands, your brother can gift it to one of them and then they can gift it to you, no paper required.
    Steve
    That would involve intent since it was the intention to circumvent the law. Which in turn would require collusion with 2 or more parties, which would violate 2 laws in PA.

    1. Violation of PA 18>61>6111 - 1st degree Misdemeanor punishable by 5 years in prison (to the seller)
    2. Violation of PA 18>9>903 - 1st degree Misdemeanor punishable by 5 years in prison (to each person in collusion)
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  8. #8
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    Default Re: Transfer Question

    Just a FYI unless you already know the local market for transfers id call around first and price shop a bit.
    "No, it's just a machine. I'm the weapon." - Jack Harper in Oblivion

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