Incorrect FFL transfer

[moseschi]

Hi,

Recently my dad gave me 2 pistols. According to PA law I know that a parent can give to his child without any paperwork.

However, what happens if this pistol was not transferred lawfully to my dad in the first place? I think my dad's brother who lives in Maryland just "gave" it to my dad for him to keep while the uncle lived in another country. Well, the uncle never came back to US and he told my dad to keep it.

I don't think that was a legit transfer. I have LTCF and planning to carryone as a backup concealed firearm.

I hate to run into problem later on when I get to use this pistol as self defense and get charged with illegal possesion as it was not transfered correctly. Now that I have these pistols what can I do to correct this?

[bluetrane2028]

Interstate transfer only became regulated in 1968. Use this knowledge to whatever end you may.

[ray h]

Unless it's reported stolen or missing, there's no way any illegal change of hands can be determined. That being said, if you get stopped and a LEO decides to run it through the illegal "database" to check for ownership and it comes back to someone else or no one at all, they may "illegally" take your firearm and you will have a hell of a fight to get it back.
If you feel so inclined you can transfer it from yourself to yourself for a fee at an FFL, then it will come back to you as the owner.
I'm in kind of the same position. One of my carry guns is an older J frame that I got from my mother, who got it from her husband (my step father) who got it from a police department (he retired from) in Kentucky back in the 80s. The last paper transfer that was done on the gun was when the police department bought it new from a dealer around 1982. In addition to that, I just moved to PA about 6 years ago, I have several handguns that came with me that have not been transferred.
I have chose not to transfer these to myself because I think it's stupid to have to do that (my personal choice) and it would cost me over a hundred in fees to transfer them all.

[moseschi]

Unless it's reported stolen or missing, there's no way any illegal change of hands can be determined. That being said, if you get stopped and a LEO decides to run it through the illegal "database" to check for ownership and it comes back to someone else or no one at all, they may "illegally" take your firearm and you will have a hell of a fight to get it back.
If you feel so inclined you can transfer it from yourself to yourself for a fee at an FFL, then it will come back to you as the owner.
I'm in kind of the same position. One of my carry guns is an older J frame that I got from my mother, who got it from her husband (my step father) who got it from a police department (he retired from) in Kentucky back in the 80s. The last paper transfer that was done on the gun was when the police department bought it new from a dealer around 1982. In addition to that, I just moved to PA about 6 years ago, I have several handguns that came with me that have not been transferred.
I have chose not to transfer these to myself because I think it's stupid to have to do that (my personal choice) and it would cost me over a hundred in fees to transfer them all.

So the easy way to correct this problem is take it to FFL and transfer it to myself? How does that work? Transferring from myself to myself?

[ray h]

So the easy way to correct this problem is take it to FFL and transfer it to myself? How does that work? Transferring from myself to myself?

I've never done it but I suppose you could walk in and tell them you got the gun from your father and would like them to do a transfer so it would be "in your name".
There are several FFLs on this site, hopefully one will pop in and tell us exactly how that works.
I do know that technically an individual can not sell a handgun to another individual, "technically they sell it to the FFL who then transfers it to the other individual. So for a brief time the FFL has ownership of the handgun. The same would happen transfering it from you to you. For a brief time the FFL would have ownership.

[moseschi]

I've never done it but I suppose you could walk in and tell them you got the gun from your father and would like them to do a transfer so it would be "in your name".
There are several FFLs on this site, hopefully one will pop in and tell us exactly how that works.
I do know that technically an individual can not sell a handgun to another individual, "technically they sell it to the FFL who then transfers it to the other individual. So for a brief time the FFL has ownership of the handgun. The same would happen transfering it from you to you. For a brief time the FFL would have ownership.

I called the local gun store that I get my reloading materials. They told me that the person transferring the firearm has to be physically with me to transfer the firearm. I told them that they can't physically come because they are out of the country (referring to my uncle-in-law). Then explained to them the whole story of my uncle-in-law not able to transfer to my father-in-law, he told me to contact a lawyer.

What?!

[ray h]

I called the local gun store that I get my reloading materials. They told me that the person transferring the firearm has to be physically with me to transfer the firearm. I told them that they can't physically come because they are out of the country (referring to my uncle-in-law). Then explained to them the whole story of my uncle-in-law not able to transfer to my father-in-law, he told me to contact a lawyer.

What?!

Noooo. Not at all what I suggested. Don't volunteer the information about your uncle, they won't touch that with your ten foot pole. They won't do the transfer from your uncle of father without them there. Did you ask them to transfer it from you to you?

[GunLawyer001]

Take a $300 gun to an FFL and ask them to put it up on consignment for $600, and if it doesn't sell in a week, you'll pay them $25 for their trouble. When you get it back, a PICS check is done and a record of sale form is sent to Harrisburg, and the gun is now "in your name".

[moseschi]

Take a $300 gun to an FFL and ask them to put it up on consignment for $600, and if it doesn't sell in a week, you'll pay them $25 for their trouble. When you get it back, a PICS check is done and a record of sale form is sent to Harrisburg, and the gun is now "in your name".

Thanks GunLawyer001,

The gun that I received is a gun that they don't make anymore. I am afraid that it might actually sell. Is there another way around it? If I go to the FFL dealer and tell them I want this gun to be transferred from me to me, is that normal? Aren't they going to ask questions?

I don't think that transferring from myself to myself is a "normal" thing to ask the FFL. But transferring from myself to myself..... would this solve the problem?

[IV_Warrior]

Thanks GunLawyer001,

The gun that I received is a gun that they don't make anymore. I am afraid that it might actually sell. Is there another way around it? If I go to the FFL dealer and tell them I want this gun to be transferred from me to me, is that normal? Aren't they going to ask questions?

I don't think that transferring from myself to myself is a "normal" thing to ask the FFL. But transferring from myself to myself..... would this solve the problem?

Well, there are some states that don't require FFL transfers for private sales between residents. I'm sure an FFL would understand wanting it "in your name" since you live here now....