Firearm purchase as a gift for another.

[Michael Black 47]

It has been awhile since I have bought a firearm. I know how to go about the 4473 in filling it out. My question for this forum is whether or not a family member or friend can gift a "pistol" for someone else in the state of PA. I know this is not a problem in other state but looking for answers for here in PA. I believe that one can purchase a rifle and go through the background check and then gift it, this follows for "father to son" and mother to daughter". Other than private sale of for rifles, what is the law on pistols between to parties in PA. Also included info we are both firearm owners with are CHL.

[Sgt.K]

It has been awhile since I have bought a firearm. I know how to go about the 4473 in filling it out. My question for this forum is whether or not a family member or friend can gift a "pistol" for someone else in the state of PA. I know this is not a problem in other state but looking for answers for here in PA. I believe that one can purchase a rifle and go through the background check and then gift it, this follows for "father to son" and mother to daughter". Other than private sale of for rifles, what is the law on pistols between to parties in PA. Also included info we are both firearm owners with are CHL.

Pet peeve #1 (grammar) - last sentence should read: "Also included info we are both firearm owners with OUR CHL."

Pet peeve #2 - you've been here going on 4 years, you should know that in PA we have a License To Carry Firearms (LTCF), not a Concealed Handgun License (CHL). There are multiple important distinctions.

Those things being said:

Handguns may only be transferred without an FFL or sheriff in PA between 2 PA residents who meet one of 3 relationships to each other:
Parent <--> Child
Grandparent <--> Grandchild
Spouse <-- > Spouse

[Democrat Gun Owner]

Grammar and CHL vs LTCF aside, here's my answer to you question. First, I am not a lawyer, but I have purchased firearms to gift before.

In PA, Sgt. K is correct in his assessment of which handgun transfers will not need additional background checks. However, you can “gift” a handgun to anyone in PA by simply transferring it to them through an FFL (reciever of gift has to pass background check). You can even purchase a handgun with the intent to gift it if the transfer to the recipient of the gift is done lawfully. There is some question as to whether you would need to pass/pay for a background check to get your gun back from the FFL if the person you were gifting the gun to failed the back ground check (my gift recievers all passed, so I could be wrong on this account).

The simple way to gift a new gun to another person is to simply get the person a gift certificate from the gun store in an amount that covers the purchase price. If the hand gun is one you already own (and it’s not one of the exceptions mentioned by Sgt. K, the “gifting” must be done through a transfer/background check with an FFL.

If the firearm is a long gun and both the giver and reciever of the gift are PA residents, there is no need for an FFL transfer/background check. The giver of the gift just needs to be sure the reciever isn’t a prohibited person.

While not part of the gifting process, the OP mentioned a CHL (LTCF here in PA as pointed out by Sgt. K.). Pa residents with LCTF's can loan handguns to one another, but using a “permanent loan” to skirt the transfer issue is a quick way to find oneself a felon and is, thus, ill advised. I have loaned a handgun, but not as a gift. I had a handgun a guy I work with was interested in buying from me. He and I both have our LTCF. I lent him the gun to take to the range to try out. He liked it, so about a week or so later we went to a local FFL to transfer the gun from me to him. The only difference between my scenario and a gifting scenario was he paid me.

Good luck with your gifting. Do it legally, and don’t skirt the law.

[Michael Black 47]

Grammar and CHL vs LTCF aside, here's my answer to you question. First, I am not a lawyer, but I have purchased firearms to gift before.

In PA, Sgt. K is correct in his assessment of which handgun transfers will not need additional background checks. However, you can “gift” a handgun to anyone in PA by simply transferring it to them through an FFL (reciever of gift has to pass background check). You can even purchase a handgun with the intent to gift it if the transfer to the recipient of the gift is done lawfully. There is some question as to whether you would need to pass/pay for a background check to get your gun back from the FFL if the person you were gifting the gun to failed the back ground check (my gift recievers all passed, so I could be wrong on this account).

The simple way to gift a new gun to another person is to simply get the person a gift certificate from the gun store in an amount that covers the purchase price. If the hand gun is one you already own (and it’s not one of the exceptions mentioned by Sgt. K, the “gifting” must be done through a transfer/background check with an FFL.

If the firearm is a long gun and both the giver and reciever of the gift are PA residents, there is no need for an FFL transfer/background check. The giver of the gift just needs to be sure the reciever isn’t a prohibited person.

While not part of the gifting process, the OP mentioned a CHL (LTCF here in PA as pointed out by Sgt. K.). Pa residents with LCTF's can loan handguns to one another, but using a “permanent loan” to skirt the transfer issue is a quick way to find oneself a felon and is, thus, ill advised. I have loaned a handgun, but not as a gift. I had a handgun a guy I work with was interested in buying from me. He and I both have our LTCF. I lent him the gun to take to the range to try out. He liked it, so about a week or so later we went to a local FFL to transfer the gun from me to him. The only difference between my scenario and a gifting scenario was he paid me.

Good luck with your gifting. Do it legally, and don’t skirt the law.

Thank you for your information. Didn't know that it will be a reaction to the CHL comment. I thought it would convey the information along the way of a person can so caring in the state of PA. Of that set aside

I have no intent on skirting the law. Just a general question that is all. It was interesting to see Sgt. K's reaction about me being for four years. But I'm not on every day, this was interesting subject involving the transfer in gifting. I will go to my local FFL some legal clarity. Not too long ago I have been made aware of the permanent loan concept I'm not a fan of it. In short I will go with the gift card method of doing it in from their allowing them to purchase their firearm. Thank you for your wonderful information.

[Gunsnwater]

Thank you for your information. Didn't know that it will be a reaction to the CHL comment. I thought it would convey the information along the way of a person can so caring in the state of PA. Of that set aside

I have no intent on skirting the law. Just a general question that is all. It was interesting to see Sgt. K's reaction about me being for four years. But I'm not on every day, this was interesting subject involving the transfer in gifting. I will go to my local FFL some legal clarity. Not too long ago I have been made aware of the permanent loan concept I'm not a fan of it. In short I will go with the gift card method of doing it in from their allowing them to purchase their firearm. Thank you for your wonderful information.

The thing is you are asking legal advise. That requires precise attention to words. Words have meanings. You want to stay out of jail, you can not play fast and lose with the facts. You should be greatfull and thank Sgt.K, not but hurt. The fact is all these questions are answered over and over. We absolutely do not mind helping people understand these complicated laws. Do not be offended, stay, learn, pass it on.

[markshere2]

KISS

Just buy a gift certificate.

[Sgt.K]

Grammar and CHL vs LTCF aside, here's my answer to you question. First, I am not a lawyer, but I have purchased firearms to gift before.

In PA, Sgt. K is correct in his assessment of which handgun transfers will not need additional background checks. However, you can “gift” a handgun to anyone in PA by simply transferring it to them through an FFL (reciever of gift has to pass background check). You can even purchase a handgun with the intent to gift it if the transfer to the recipient of the gift is done lawfully. There is some question as to whether you would need to pass/pay for a background check to get your gun back from the FFL if the person you were gifting the gun to failed the back ground check (my gift recievers all passed, so I could be wrong on this account).

The simple way to gift a new gun to another person is to simply get the person a gift certificate from the gun store in an amount that covers the purchase price. If the hand gun is one you already own (and it’s not one of the exceptions mentioned by Sgt. K, the “gifting” must be done through a transfer/background check with an FFL.

If the firearm is a long gun and both the giver and reciever of the gift are PA residents, there is no need for an FFL transfer/background check. The giver of the gift just needs to be sure the reciever isn’t a prohibited person.

While not part of the gifting process, the OP mentioned a CHL (LTCF here in PA as pointed out by Sgt. K.). Pa residents with LCTF's can loan handguns to one another, but using a “permanent loan” to skirt the transfer issue is a quick way to find oneself a felon and is, thus, ill advised. I have loaned a handgun, but not as a gift. I had a handgun a guy I work with was interested in buying from me. He and I both have our LTCF. I lent him the gun to take to the range to try out. He liked it, so about a week or so later we went to a local FFL to transfer the gun from me to him. The only difference between my scenario and a gifting scenario was he paid me.

Good luck with your gifting. Do it legally, and don’t skirt the law.

To clarify what I said, and following up on DGO here, just understand that with handguns "gift" and "give" are not same same.

Last edited by Democrat Gun Owner; January 3rd, 2018 at 03:35 AM. Reason: Grammar, typos, etc. Don’t want to peeve Sgt. K. :-)

You can handle it. BTW, it's receiver, not receiver.

Thank you for your information. Didn't know that it will be a reaction to the CHL comment. I thought it would convey the information along the way of a person can so caring in the state of PA. Of that set aside

I have no intent on skirting the law. Just a general question that is all. It was interesting to see Sgt. K's reaction about me being for four years. But I'm not on every day, this was interesting subject involving the transfer in gifting. I will go to my local FFL some legal clarity. Not too long ago I have been made aware of the permanent loan concept I'm not a fan of it. In short I will go with the gift card method of doing it in from their allowing them to purchase their firearm. Thank you for your wonderful information.

My point was that many people here will jump all over your $#!% for getting it wrong. I see it all the time with new members. I only meant to point out (as Gunsnwater does below) that words have meanings. The LTCF is required to carry in a vehicle, and nowhere on it will you find the word "concealed", so it is a License to Carry.

The thing is you are asking legal advise. That requires precise attention to words. Words have meanings. You want to stay out of jail, you can not play fast and lose with the facts. You should be greatfull and thank Sgt.K, not but hurt. The fact is all these questions are answered over and over. We absolutely do not mind helping people understand these complicated laws. Do not be offended, stay, learn, pass it on.

And trust me - if I mean to offend, you'll know.

KISS

Just buy a gift certificate.

This ^^^

[MARINE DIVISION TWO]

Back on Track,on your 4473 it states are you buying this firearm for yourself ? To answer otherwise is a crimminal offense,and doing so says you have other intentions ! Transferring to a family member is legal but properly done so. And no shit I make clerical errors all the time at 67 years old so get over it.

[archie19]

Back on Track,on your 4473 it states are you buying this firearm for yourself ? To answer otherwise is a crimminal offense,and doing so says you have other intentions ! Transferring to a family member is legal but properly done so. And no shit I make clerical errors all the time at 67 years old so get over it.

That same form also has instructions for gift purchases, which is what the OP is asking for.

[STBear]

The thing is you are asking legal advise. That requires precise attention to words. Words have meanings. You want to stay out of jail, you can not play fast and lose with the facts. You should be greatfull and thank Sgt.K, not but hurt. The fact is all these questions are answered over and over. We absolutely do not mind helping people understand these complicated laws. Do not be offended, stay, learn, pass it on.

SGt. K tell him it should be butt hurt.