Transferring firearms?

[Viperkeeper]

Hey all. I am a resident of PA in the military, stationed in SC. I have a quick question about the transfer of a handgun to me from my mother-in-law. She gave me her handgun before she left after her first visit, and she doesn't recall ever having it registered in her name. She bought the handgun from Gander Mountain last year. I couldn't find anything on google as far as if PA requires registration or transferring handguns or not. I Know SC does NOT require it, so I'm wondering if there is a requirement for her to transfer it to me through any official capacity?

[falcn]

I think you mean that she gifted it to your wife, and your wife gifted it to you.

[Steve_NEPhila]

There is no gun registration in Pennsylvania, so you do not have to worry about that.

You should check South Carolina law as to the transfer of the handgun from her to you could possibly be illegal. For example, if she were to do the same transfer here in PA it would be illegal.

I did not read this page: http://www.sled.sc.gov/SCStateGunLaw...x?MenuID=CWP#5

Yet it has useful law that you should read up on.

[cadence2arms]

She could gift it to your wife. Your wife could gift it to you, But the whole out of state thing I'm not sure about. If I were you I would wait until she visits again and go to a FFL just to make sure.

[tl_3237]

Hey all. I am a resident of PA in the military, stationed in SC. I have a quick question about the transfer of a handgun to me from my mother-in-law. She gave me her handgun before she left after her first visit, and she doesn't recall ever having it registered in her name. She bought the handgun from Gander Mountain last year. I couldn't find anything on google as far as if PA requires registration or transferring handguns or not. I Know SC does NOT require it, so I'm wondering if there is a requirement for her to transfer it to me through any official capacity?

Please clarify:


At the time of the MIL gift were you permanently or temporarily stationed in SC?

Of what state is your MIL a resident of?

In what state did the physical transfer take place? Was it face to face?

Do you maintain a home in PA while stationed in SC?

In what state is the handgun currently kept?

[ReconLdr]

If she gave the pistol to her daughter, then her daughter gave it to you, no problems. In Pa, transfers between parent/child and spouse/spouse require no paperwork.

If MIL is from SC and you are officially a SC resident...there may be some paperwork required.

[mauser]

Specifics could play a part in legality here. If your wife and MIL are both Pa. residents your wife could accept it as a gift or buy it from her mother with no legal requirement for any paperwork. Transfers between direct bloodline relatives is legal without an official transfer of ownership. If/when you are a Pa. resident your wife can transfer it to you with no legal requirement for transfer of ownership. Being in the military does have some bearing on residency but I don't know the specifics, I know someone here will know the details and will probably post in short order. If you were a Pa. resident before you enlisted I think you're still considered a Pa. resident while stationed elsewhere. Like I say, I think so. Someone will be along shortly to clarify that.

[tl_3237]

Without the OPs answers to the previous questions I posed its impossible to offer an opinion on the Federal or state implications.

With respect to the mother-daughter-husband transfer scenario one should give pause if the original intent is to effect a mother-in-law to son-in-law transfer using the daughter/wife as a comon link to supposedly qualify under the exclusions of 18 Pa CSA 6111(c).

Although such a three person chain may be in accordance with the letter of the law when evaluated at each transfer instance, the legal system may well look at the totality of circumstances and declare such a multiple transfer as a 'sham transfer' and deem it a MIL - SIL transfer (not qualifying for the PA exception).

The critical part of the transfer is what is the true intent in the MIL-daughter transfer. One would have to look at the benefactor's intent, what the daughter did after receipt, and the timeline.

For example: if all three are sitting around the kitchen table --

MIL "here daughter, take my handgun as a gift."
Daug "Thanks MOM!"
Daug "Here Hubby, take this handgun [which I just got] as a gift"
Husb "Thanks Babe!"

All this transpires with a minute or so. Perfectly legal or a 'sham' to effect a MIL-SIL transfer?

[Xringshooter]

As a military person, if you maintain your home of record as PA, then you are considered a resident of PA and a resident of the state that you have been duly assigned to (PCS move not TDY).

If SC law allows a non-resident (your MIL) to transfer you a handgun with no formal transfer paperwork, you are good to go. If not, then your MIL broke the law in SC.

If you had been visiting her in PA, and she gave the gun to you at her house in PA, then your MIL broke the law in PA (handgun transfers must go through a FFL or Sheriff unless spouse/spouse, parent/child, grandparent/grandchild).

You really need to check SC law concerning the transfer of handguns from non residents to residents.

The giving of the gun to your wife and the wife giving it to you actually does meet the letter of the law here in PA, but an overzealous DA could possibly sway a sheeple jury to see that it was just a way to get around the law. Although people with knowledge of the law would say they went by the letter of the law. When someone gives you a gift, it is yours to do with what you want. If you want to give a handgun to your husband/wife that your Mom gave you, you have that right (as long as he/she is not a prohibited person).

All that said, when you move back top PA, you need do nothing, as there is no registration in PA, you just are bringing it back as part of your household goods.

[tl_3237]

If OP was PCS'ed to SC at the time of transfer, for Federal purposes he is a SC resident, not a Pa resident. He might be a Pa resident if he maintained a home in Pa and only during the time that he was occupying that Pa home.

27 CFR § 478.11 Meaning of terms.
State of residence. The State in which
an individual resides. An individual resides
in a State if he or she is present in a State
with the intention of making a home in that
State. If an individual is on active duty as a
member of the Armed Forces, the individual's
State of residence is the State in
which his or her permanent duty station is
located.

If MIL was a Pa resident and OP a SC resident, then MIL violated:

18 USC § 922(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to

(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

If OP got the handgun in Pa while a SC resident, upon return to SC he violated:

18 USC § 922(a) It shall be unlawful—

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

If both MIL and OP were Pa residents at time of transfer then MIL violated (assuming transfer occurred in Pa):

18 Pa CSA §6111(c) Duty of other persons.--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.

There are other permutations hence my query for clarification.

As to the OP's other question, since MIL bought the handgun last year through an FFL (Gander), she is currently listed as the last known purchaser in the Pa sales database presuming that it was Gander in Pa.

The proper way to do the transfer was through a Pa FFL if MIL and OP were Pa residents at the time of transfer; through a SC FFL if MIL was a Pa resident and OP was PCs'ed to SC at time of transfer; if both MIL and OP were SC residents then SC state law would prevail and there would be no Federal issues.