Gun transfer from father to son

[Moondog]

Before I moved to Pa from California my father gave me one of his handguns to take with me. I have been in Pa for a few years now and just recently aquired a CCW, and want to carry the gun he gave me but it is not registered in my name. How do I go about this?

[BIG MIKE 2003]

dont quote me,but i dont think you have to father to son.but maybe check just in case.

[GunLawyer001]

Before I moved to Pa from California my father gave me one of his handguns to take with me. I have been in Pa for a few years now and just recently aquired a CCW, and want to carry the gun he gave me but it is not registered in my name. How do I go about this?

You can get a dealer to transfer it to you from yourself, sometimes. He'd have to run PICS, charge you a fee, and then if any PA cop runs it through the "database that isn't a registry", it would come back to you. By the same token, if they run your name through that database, it will list that gun.

We don't have gun registration in PA, at least nothing that the Commonwealth admits is a "registry". But an awful lot of cops treat the "record of sales database" as a registry.

It's up to you. You don't legally have to do it, but it might save you some trouble with an ignorant police department.

[Xringshooter]

Or you could get your dad to write you up a letter (and have it notarized) that states that he gave you the gun in accordance with all applicable CA laws and show the date he gave it to you. Carry it with you along with your LTCF. That "might" satisfy the PD if they have questions.

[knight0334]

The question may arise to if it was legally transferred under CA law though. I'm thinking that a hand-off transfer isn't legal and that it may have required registration(in CA) and a 15day waiting period.

[Moondog]

Thanks for the prompt responce.
respectfully,
Moondog

[GunLawyer001]

The question may arise to if it was legally transferred under CA law though. I'm thinking that a hand-off transfer isn't legal and that it may have required registration(in CA) and a 15day waiting period.

Maybe, but only if there's some issue of PA law. The PA State Police and local cops don't really care what happened in California (but then, who really does?), so unless there's some other problem, it's a non-issue. There's no way that California's going to discover the prior transfer and extradite.

Again, if it gets connected to the OP in the "database", nobody will care beyond that. If some local Fife seizes the gun and refuses to return it to the person from whom he took it, then proof of ownership would be a central issue in any resulting return of property hearing; but if the OP is listed as the last transferee in the database, he skips that issue.

[Pa. Patriot]

dont quote me,but i dont think you have to father to son.but maybe check just in case.

Oops, I quoted you

In Pa. there is no paperwork required for a transfer between father and son (ref: 18PaCS6111(c))
However, the OP's transfer took place in Ca., Not Pa. So they would have needed to comply with Ca. law.

You can get a dealer to transfer it to you from yourself, sometimes. .

Most will not do this. I will not, because there is no "transfer" of ownership between parties as required of the PSP for SP4-113 and 18paCS6111. Not the intended or stated use of the form.

To the OP: I recommend enjoying your firearm and not in any way further legitimizing the abuses of some police departments using the database of (some) sales as a ownership registry by putting your info on it as if it is such a registry.

[Pa. Patriot]

Or you could get your dad to write you up a letter (and have it notarized) that states that he gave you the gun in accordance with all applicable CA laws and show the date he gave it to you. Carry it with you along with your LTCF. That "might" satisfy the PD if they have questions.

What Q's would they have? There is no duty for this handgun to show up on any list or database. Unless they have actual evidence that the gun is stolen there is no need for such meaningless paper.

To each his own but I find it disheartening that we are suggesting compliance with non-existent legal requirements. I prefer the PD be held to the law.

[GunLawyer001]

What Q's would they have? There is no duty for this handgun to show up on any list or database. Unless they have actual evidence that the gun is stolen there is no need for such meaningless paper.

To each his own but I find it disheartening that we are suggesting compliance with non-existent legal requirements. I prefer the PD be held to the law.

I certainly understand your point, and I understand the view of some that it's a little bit like making sure the Gestapo has a complete list of where all the Jewish families live. It's not an inherently good thing for the government to know everything, and in fact it's usually a bad thing.

However. Not everyone has a drawer full of guns to replace their carry piece while it's in police custody, or the time and resources to battle police over arbitrary seizures. The fact is that being in the sales database can prevent troubles, can prevent seizures, and can help a person in some circumstances to protect his family better by minimizing the chances of being 100% disarmed (although buying a dozen guns would be my first choice.) It's a valid choice, distinguishable from grasping the ankles and embracing hope & change.

I have an absolute right to do the "Die Hard III" thing and walk into Harlem wearing an "I hate ******s" sign, but in addition to it being untrue, it's a bad idea because it would subject me to a greater chance of injury due to the unlawful acts of others. I also have the right to leave my doors unlocked. Both are kind of like carrying a firearm that would not trace back to me, it's perfectly legal conduct, but makes me more likely to suffer harm from the unlawful conduct of others.

BTW, I just got off the phone with my favorite FFL, and he's fine with the idea of entering a firearm into his book for the purpose of "transferring" it from someone to himself, same as if he took in a consignment gun and it didn't sell, so it transferred back to the owner. He's done it multiple times. It's not a violation of state or federal law, and nobody is going to object that someone subjects himself to PICS without it being absolutely necessary. Furthermore, the official PSP advice to local departments is that they require all seized guns to be returned to the lawful owners through an FFL, with all PICS and forms as though it were a transfer of ownership.