Need direction on gifting handgun to 18 year old

[90volts]

Looking thought the statute and I am not sure which parts apply. Here is the scenario. My son is in the criminal justice program at college and they are participating in a shooting competition. An officer working with them, chaperoning, I'm not exactly sure , but is somehow in charge, told him he doesn't own the gun, can't own a gun, and Therefore cannot transport it to the meet on the bus. I told him to let the officer know that I had gifted it to him and it was now his gun. He is the owner. Officer said that is not legal and you cannot own a handgun until 21. I told him I understand about not being able to purchase from ffl , but a gift is legal and doesn't need to go through an ffl. Can anyone point me to the part of the statute I should send to this officer to show him it's legal?

Another option shot down for transport was that my son could not give it to his instructor to transport. That is also illegal. Even though his instructor is a retired office and has an ltcf. Wth? And of course this is a cop with "25 years experience" telling him this.

Thanks.

[donotknowme]

The cop is saying it is illegal. Ask him to cite the law. Laws don’t tell you what’s legal they tell you what’s illegal.


6110.1 is All I can think of. But that’s for minors. Over 18 is not a minor. I won’t touch the ‘school’ aspect of the situation. I’ll keep looking.

§ 6110.1. Possession of firearm by minor.
(a) Firearm.--Except as provided in subsection (b), a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person under 18 years of age:
(1) who is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in lawful activity, including safety training, lawful target shooting, engaging in an organized competition involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).

[Siplace]

Never take legal advice off of the internet. I do not believe any one would deliberately give you bad information but gun laws are complicated. Your best bet is to find a lawyer in your area who has experience in PA gun laws and spend the money that it will cost you to consult with him/her. They may have to do some research but you will be able to quote chapter and verse of the applicable laws once it is all done.

As an alternative you can contact your local District Attorney or Sheriffs Office with questions. If all else fails contact the States AG office. They are why you pay taxes, get what you pay for.

[GunLawyer001]

The UFA is complicated, but a parent in PA can gift or sell or otherwise transfer a handgun to his child who also lives in PA (not sure where the college is).

An 18-21 year old non-prohibited person may possess a handgun, he just can't buy one from an FFL, and he can't get an LTCF.

Transport is an issue, since he plans to transport it in a vehicle. There are some exceptions to the LTCF requirement, but he'd have to be fully within one, being careful with respect to his starting point and ending point at a gun range. And since he's ineligible for an LTCF, it's a felony if he gets it wrong.

You'll want to read, at a bare minimum, 18 PaCS 6105, 6106, 6108, 6109, 6110.1, 6111, 6115, and understand that Federal law also applies to prohibited persons and interstate transfers.

http://www.legis.state.pa.us/cfdocs/...&div=0&chpt=61

[Gun]

Looking thought the statute and I am not sure which parts apply. Here is the scenario. My son is in the criminal justice program at college and they are participating in a shooting competition. An officer working with them, chaperoning, I'm not exactly sure , but is somehow in charge, told him he doesn't own the gun, can't own a gun, and Therefore cannot transport it to the meet on the bus. I told him to let the officer know that I had gifted it to him and it was now his gun. He is the owner. Officer said that is not legal and you cannot own a handgun until 21. I told him I understand about not being able to purchase from ffl , but a gift is legal and doesn't need to go through an ffl. Can anyone point me to the part of the statute I should send to this officer to show him it's legal?

6111. Sale or transfer of firearms. (b) Duty of seller.

The application/record of sale shall also contain the following question:
Are you the actual buyer of the firearm(s), as defined under 18 Pa.C.S. § 6102 (relating to definitions), listed on this application/record of sale? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person, unless you are legitimately acquiring the firearm as a gift for any of the following individuals who are legally eligible to own a firearm:
(1) spouse;
(2) parent;
(3) child;
(4) grandparent; or
(5) grandchild.

Another option shot down for transport was that my son could not give it to his instructor to transport. That is also illegal. Even though his instructor is a retired office and has an ltcf. Wth? And of course this is a cop with "25 years experience" telling him this.

6115. Loans on, or lending or giving firearms prohibited.
(a) Offense defined.--No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as provided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.
(b) Exception.--
(1) Subsection (a) shall not apply if any of the following apply:
(i) The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).




Thanks.

.

[knight0334]

Age of Possession is 18yo, so he can own a "firearm".

18 Pa.C.S.A. § 6110.1
§ 6110.1. Possession of firearm by minor
Currentness
(a) Firearm.--Except as provided in subsection (b), a person under 18 years of age shall not possess or transport a firearm anywhere in this Commonwealth.
(b) Exception.--Subsection (a) shall not apply to a person under 18 years of age:
(1) who is under the supervision of a parent, grandparent, legal guardian or an adult acting with the expressed consent of the minor's custodial parent or legal guardian and the minor is engaged in lawful activity, including safety training, lawful target shooting, engaging in an organized competition involving the use of a firearm or the firearm is unloaded and the minor is transporting it for a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult.--Any person who knowingly and intentionally delivers or provides to the minor a firearm in violation of subsection (a) commits a felony of the third degree.
(d) Forfeiture.--Any firearm in the possession of a person under 18 years of age in violation of this section shall be promptly seized by the arresting law enforcement officer and upon conviction or adjudication of delinquency shall be forfeited or, if stolen, returned to the lawful owner.


Transfers between spouses, parent/child, grandparent/grandchild are legal without any paperwork:

18 Pa.C.S.A. § 6111
§ 6111. Sale or transfer of firearms
(c) Duty of other persons.--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.



The biggest issue would be for your child to transport the "firearm" from point A to point B in a vehicle.

And if you in deed wanted to have the gun in your child's name(being between 18 & 21), the law above marked in red says a sheriff can perform the transfer. Not that you'll find many, if any, sheriffs that will perform the service.

[Delkal]

Looking thought the statute and I am not sure which parts apply. Here is the scenario. My son is in the criminal justice program at college and they are participating in a shooting competition. An officer working with them, chaperoning, I'm not exactly sure , but is somehow in charge, told him he doesn't own the gun, can't own a gun, and Therefore cannot transport it to the meet on the bus. I told him to let the officer know that I had gifted it to him and it was now his gun. He is the owner. Officer said that is not legal and you cannot own a handgun until 21. I told him I understand about not being able to purchase from ffl , but a gift is legal and doesn't need to go through an ffl. Can anyone point me to the part of the statute I should send to this officer to show him it's legal?

Another option shot down for transport was that my son could not give it to his instructor to transport. That is also illegal. Even though his instructor is a retired office and has an ltcf. Wth? And of course this is a cop with "25 years experience" telling him this.

Thanks.

It is legal for him to obtain a gifted firearm but having it with him on a public bus is a whole different story. Is this a bus in Philadelphia?

The laws I know of cover transporting a firearm in a personal car. I don't know if it is ever legal to carry a firearm in your backpack on a bus (without a LTCF).

[danhr]

Legal to own a firearm at 18, just can't buy one from an FFL, as mentioned above.

Since he's going g to a shooting even, he can transport the pistol to and from there as long as the pistol and ammunition are in separate containers and separate parts of the vehicle. No LTCF. When he arrives on location, let him know he is free to open carry. No LTCF required.

Throw all information out the window if this is in Philadelphia or areas on school grounds.

[Statkowski]

Throw all information out the window if this is in Philadelphia or areas on K-12 school grounds.

Fixed it for you.

[Delkal]

Since he's going g to a shooting even, he can transport the pistol to and from there as long as the pistol and ammunition are in separate containers and separate parts of the vehicle. No LTCF.

This is the part that confuses me. Its easy in a car but how do you transport it on a public bus (like the OP mentioned)? You will be sitting there with a firearm in your backpack.

When he arrives on location, let him know he is free to open carry. No LTCF required.

Maybe at the range only but I do not believe you can transport a firearm for open carry somewhere else without a LTCF.