Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Apr 2008
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    (Monroe County)
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    Default Want to buy brother (19) handgun.

    I want to buy my brother his first handgun as a gift as he has taken interest in firearms since I bought my first few earlier this year. What would I have to do in order to make this legal. Do I have to bring him to an FFL with me and have it transfered to his name or am I allowed to just give it to him as a gift?
    I mean I guess I could just -own- it until he turns 21 and there would be no issue in bringing him to the FFL for a transfer but I have no interest in shooting the 1911 style firearm that he wants, I love my plastic.

    Also if I am able to transfer it to him, what are the policies as far as him being able to transport his handgun to/from the range? thanks all!

    Oh and before anyone jumps to conclusions, my brother is more grounded and intelligent than most people my age, and unfortunately most people older than me.

  2. #2
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Want to buy brother (19) handgun.

    Since you are siblings, you would have to purchase the firearm in your name, then find a Sheriff that will still do >18 to <21 transfers - which good luck with that.

    A person <21 cannot receive a handgun by any means through a FFL. All transfers of handguns from and through FFL's in PA requires a PICS check. And since the PICS check uses the NICS system, the FFL would have to add the firearm to his boundbook - once on that book you have to be 21 to get the gun.

    Policies for transporting is the same for any other unlicensed(LTCF) person. unloaded, ammo separate, straight to/from range.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  3. #3
    Join Date
    Feb 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Want to buy brother (19) handgun.

    On a related note, why don't sheriffs do this? I called up Firearms dept for Allegheny county, and they didn't even know what I was talking about...

  4. #4
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Want to buy brother (19) handgun.

    Quote Originally Posted by w1cked View Post
    On a related note, why don't sheriffs do this? I called up Firearms dept for Allegheny county, and they didn't even know what I was talking about...
    A few reasons.

    personal bias against such things
    pure ignorance of the law
    have been scared by the "buyer is under 21" warning that is intended for FFL's
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

  5. #5
    Join Date
    Nov 2007
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    Squirrel Hill, Pennsylvania
    (Allegheny County)
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    Default Re: Want to buy brother (19) handgun.

    Can you "gift" it to a parent who could then "gift" it to your brother?

  6. #6
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
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    Default Re: Want to buy brother (19) handgun.

    offshorebear,
    You could, that is fully within the law and by the wording of the law it is legal, but the "intent" is what might be looked at with a jaundiced eye by the court system if something were to happen and he get in trouble. "Oh, my Dad gave me the gun." They go to Dad and he happens to say "Well, my other son gave it to me to give to his brother" Oops, wrong statement. However, "My son gave it to me, I shot it but didn't really like it so I gave it to my other son as a gift because he likes it." OK statement. The me to Dad to brother is legal but some would argue about the intent of where the gun was going in the first place (you bought it with the expressed thought to give it to your brother).

    Most sheriffs don't do it either because they don't know they can, or know they can but just don't want to be bothered. The law says they can, it doesn't say the have to.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  7. #7
    Join Date
    Jun 2008
    Location
    Canada, NEPA, Pennsylvania
    (Susquehanna County)
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    Default Re: Want to buy brother (19) handgun.

    Why not just buy it for yourself and invite him to the range when you go?

  8. #8
    Join Date
    Apr 2008
    Location
    Poconos, Pennsylvania
    (Monroe County)
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    Default Re: Want to buy brother (19) handgun.

    Well I guess I could just have my father do it to begin with so theres no question of where its going.

  9. #9
    Join Date
    Feb 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Want to buy brother (19) handgun.

    O well, I'd like to pursuethe issue a bit considering it'd be a nice service...4 months till I'm 21. I never got whats so magical about handguns that you have to be 21 to buy them.

  10. #10
    Join Date
    Jun 2008
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    Default Re: Want to buy brother (19) handgun.

    Quote Originally Posted by w1cked View Post
    O well, I'd like to pursuethe issue a bit considering it'd be a nice service...4 months till I'm 21. I never got whats so magical about handguns that you have to be 21 to buy them.
    their ability to be concealed and the responsibility of carry.

    Are some responsible enough before 21? yep. Are some not responsible after 21, yep. That's the law... think of it as a right of passage

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