So... My brother got a handgun for christmas...

[Gunsnwater]

Okay...

So, right now the Boyfriend is still in the picture. If, I say get them to go and get it transferred by an FFL within say... The next week? (The firearm has just been in this house, as far as technicality, the situation on it hasn't changed, sits in the same drawer, is never used, etc.) Would it then be his, and we are worry free?

Also, just to clarify, my brother isn't violating any laws here, just the boyfriend, correct?

Not reading too well. Your brother is breaking the law. Your mother is breaking the law and you have constructive access. You memorialized the whole affair on the Internet. Give the gun back. Brother can go buy his own gun. Also you imply the gun may have been acquired illegally. You don't think the guy should be able to own guns. Maybe a gun buy back is your best bet.

[SevenMilePete]

Sounds like the boyfriend and brother engaged in an illegal transfer of a firearm if it wasn't transferred via an FFL.

Yep. So maybe he should return it ASAP. And pretend it never happened, and never mention it again? And not post anything about it on a PA. Forum?

[Grimm]

This is quite possible. Can you adopt at any age (non-minors)? And then I wonder who is responsible for what in a mixed or blended 'family', then?

[I always had an old-fashioned belief that marriage was historically not about love but inheritance and legal recognition of a familial unit.]

But in any case, here they were not married at time of transfer.

Nope. I'm pretty sure this was discuessed before and the consensus was that unless the "boyfriend" legally adopted 'the son' then he's NOT the father and has to follow the same transfer procedures as 2 strangers would for a handgun transfer. Just being married to Mom doesn't mean anything.

The guy would gift the pistol to the wife. The wife who is also the mother would then gift the pistol to the son.

[Sgt.K]

The guy would gift the pistol to the wife. The wife who is also the mother would then gift the pistol to the son.

If this is the intent from the beginning, and it can be proven (e.g. through some internet post), charges could be likely.

Just sayin'...

[sota]

dis gun be gud!

waiting on the "jailed!" update from the OP.

[boeing299]

People seem to see more here than I do. Boyfriend lives in house. Gun is in boyfriends place of residence. Presumably legal. Brother refuses possession of gun until transferred. Still legal. I don't see a law broken here yet. Two courses of action. One, Boyfriend and brother go to FFL and get gun transferred or two, do not, and then brother does not take possession of the firearm.

[sre5079]

People seem to see more here than I do. Boyfriend lives in house. Gun is in boyfriends place of residence. Presumably legal. Brother refuses possession of gun until transferred. Still legal. I don't see a law broken here yet. Two courses of action. One, Boyfriend and brother go to FFL and get gun transferred or two, do not, and then brother does not take possession of the firearm.

That is what happened apparently, my brother said he never even touched it. I was misinformed originally, however no, the gun is NOT in my brother's possession, yes it is in the house, which is currently the legal residency of the actual owner the boyfriend. We have 0 connection to said firearm besides it being in the house. And we are making sure it goes when he does at this point, as we are unaware of the legality of the firearm (so far as we know, it is legal, but the guy was also supposedly working when he moved in. Turns out he was not.) We, at best, are unaware of anything illegal, and quite frankly, if anything illegal DID happen, we would call the cops IMMEDIATELY.

A lot of people don't seem to be getting that, as I said before, the gun was never accepted, and flat out refused. I was unaware of this (quite frankly it was Christmas, everyone was opening presents, who the hell pays attention beyond their own presents unless their gift is being open?)

Unless you commit a crime by someone offering you a firearm without the proper paperwork, my brother seems to be clean. And if that is a crime, then why the hell has that NOT been fixed?

[ForeverPA]

If they all live in the house with the, what does "possession" mean? If the gun is on the table, whose is it if it is not registered to anyone in the house?

[GunLawyer001]

Receiving a gun from someone who lives in the same state is not always a crime, even without an FFL; however, GIVING that gun without an FFL can be a crime. The statute makes it illegal to transfer the gun, not receive the gun. If you conspire with the transferor, you may be vulnerable.

THERE ARE MANY DETAILS which matter, a lot. Receiving a gun across state lines is a federal issue. Being a prohibited person would matter. If the gun is stolen, you're illegally received stolen property. And more....

If anyone ends up illegally possessing an unlawfully transferred firearm, there's no safe harbor for giving it back. That's a second illegal transfer. I'm not saying that happened here (I skipped most of the thread, I got things to be doing...), but it was recommended by some, and that's bad advice.

Despite the whining of the ignorant and duplicitous Dems, we have a huge number of restrictions on guns, and you can't just wing it when something goes sideways.

[SevenMilePete]

People seem to see more here than I do. Boyfriend lives in house. Gun is in boyfriends place of residence. Presumably legal. Brother refuses possession of gun until transferred. Still legal. I don't see a law broken here yet. Two courses of action. One, Boyfriend and brother go to FFL and get gun transferred or two, do not, and then brother does not take possession of the firearm.

The original post said his brother was gifted a handgun by a non relative. Then somewhat later, it seems that, oh, never mind, the gun wasn't really gifted. It never moved from its original resting place. The OP is....to put it politely.....full of shit. No offense. lol