Pennsylvania Firearm Owners Association
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  1. #1
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    Default Transfer to my 18 yo daughter

    I purchased a model 66 for my daughter for her 18th birthday. My intention was to transfer the gun to her at the sheriff's office. I know it isn't legally required that I do so, but wanted her to feel as if it is "her gun" and to ensure she never has an issue proving ownership in the future for whatever reason. My understanding was that an FFL couldn't sell a pistol to her because of federal laws, but PA state laws allowed a transfer by the sheriff. I just called Chester county sheriff's office who told me they don't do transfers, and weren't sure if my understanding of the law was correct.

    Has anyone done such a transfer? Or know of another sheriff's office that does transfers that I could contact?

  2. #2
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    Default Re: Transfer to my 18 yo daughter

    Your understanding of the law is correct, but I don't believe many (or any?) Sheriffs do transfers. Someone else will chime in soon.

  3. #3
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Transfer to my 18 yo daughter

    10 years ago a handful of sheriffs would do it. ....now, I doubt any sheriff would perform the transfer. Even the pro-gun sheriffs.

    Some were scared off by the PICS notices stating that the buyer its under 21yo. ...which only affects a FFL transfer for handguns.

    Legally a sheriff can perform a >18yo handgun transfer, but odds are that no sheriffs will do it today.

    If I were you, I'd fill out a full receipt detailing the transfer from you to her. And keep your copy of the SP4-113 form that you filled out at the dealer. (those forms can take 6-12+ months to get entered into the "database")
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa.

  4. #4
    Join Date
    Jan 2007
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    State College, Pennsylvania
    (Centre County)
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    Default Re: Transfer to my 18 yo daughter

    I think that you will have a hard time finding a Sheriffs Office that will do the transfer, even though it is in the law, most just don't want to do it. You would need to find a known 2A friendly Sheriff and then they might be half way across the state so is it worth it? As you know, you can just give it to her without any paperwork, what you can do is wait until she turns 21 then go to your friendly local gun shop and do the "formal" transfer to have her name associated to that firearm in the PSP sales database. You could give her a notarized letter showing that it has been given to her, to carry with her in case of any questions by any over zealous LEO's. She can still take it to the range but only in the prescribed manner as the law allows (empty chambers, in a secure container, locked or placed in an area of a vehicle where she cannot readily get to it.) Plus she needs to be going directly to and from the range with no in between stops.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  5. #5
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    Default Re: Transfer to my 18 yo daughter

    Yup, she's fully aware of the laws of her transporting, etc. Appreciate the feedback. I'll put something in writing in case I get hit by a bus or something before she turns 21. Thank you!

  6. #6
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    Default Re: Transfer to my 18 yo daughter

    Since so few (if any) sheriffs do these, I wonder what the odds are that they would send in the Record of Sale form, the form that leads to the new owner being linked to the gun in the Record of Sale Database. If the sheriff doesn't send the form in after doing the PICS check, then the main reason of avoiding problems in the future, is not achieved. If the daughter is stopped 10 years down the road, and the officer runs the serial number, the gun will still be linked to the parent. Not illegal at all, but too many cops think it is.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Thanks to all who attended my Firearms Law Workshops this year!

  7. #7
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    May 2007
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Transfer to my 18 yo daughter

    Quote Originally Posted by knight0334 View Post
    10 years ago a handful of sheriffs would do it. ....now, I doubt any sheriff would perform the transfer. Even the pro-gun sheriffs.

    Some were scared off by the PICS notices stating that the buyer its under 21yo. ...which only affects a FFL transfer for handguns.

    Legally a sheriff can perform a >18yo handgun transfer, but odds are that no sheriffs will do it today.

    If I were you, I'd fill out a full receipt detailing the transfer from you to her. And keep your copy of the SP4-113 form that you filled out at the dealer. (those forms can take 6-12+ months to get entered into the "database")
    Based on the statutory language including "shall follow the procedure set forth in this section as if he were the seller of the firearm" do you agree that black letter law *requires* Sheriffs to facilitate the transfer, and hypothetically, legal action could compel them to do so? (I understand it's unlikely anyone will spend a few thousand to make the point.)

  8. #8
    Join Date
    Feb 2007
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    Patterson Twp, Pennsylvania
    (Beaver County)
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    Default Re: Transfer to my 18 yo daughter

    Quote Originally Posted by gnbrotz View Post
    Based on the statutory language including "shall follow the procedure set forth in this section as if he were the seller of the firearm" do you agree that black letter law *requires* Sheriffs to facilitate the transfer, and hypothetically, legal action could compel them to do so? (I understand it's unlikely anyone will spend a few thousand to make the point.)
    God forbid law enforcement actually follows the law.
    Go sell crazy some where else, we're all stocked up here.


    Political power grows from the muzzle of a gun.

  9. #9
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    Default Re: Transfer to my 18 yo daughter

    Quote Originally Posted by GunLawyer001 View Post
    Since so few (if any) sheriffs do these, I wonder what the odds are that they would send in the Record of Sale form, the form that leads to the new owner being linked to the gun in the Record of Sale Database. If the sheriff doesn't send the form in after doing the PICS check, then the main reason of avoiding problems in the future, is not achieved. If the daughter is stopped 10 years down the road, and the officer runs the serial number, the gun will still be linked to the parent. Not illegal at all, but too many cops think it is.
    And that's my concern... She gets jammed up by a LEO who thinks it's illegal, and she has to jump through hoops. I didn't realize it would be such a difficult thing... Silly me.

  10. #10
    Join Date
    Nov 2007
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    Lewistown, Pennsylvania
    (Mifflin County)
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    Default Re: Transfer to my 18 yo daughter

    Quote Originally Posted by pacodelahoya View Post
    God forbid law enforcement actually follows the law.
    Hell, I just wish we could get them to understand the law....at least the ones they try and enforce...

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