Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Nov 2006
    Location
    Elkland, Pennsylvania
    (Tioga County)
    Age
    79
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    Default family transfers

    Ok I'm confused. I know that assuming everyone is a resident of PA. Would giving my son-in-law a pistol be treated the same as to my son?
    USNRET '61-'81

  2. #2
    Join Date
    Dec 2007
    Location
    King of Prussia, Pennsylvania
    (Montgomery County)
    Posts
    663
    Rep Power
    13851

    Default Re: family transfers

    Quote Originally Posted by rwilson452 View Post
    Ok I'm confused. I know that assuming everyone is a resident of PA. Would giving my son-in-law a pistol be treated the same as to my son?
    Give it to your daughter... then she can give to husband. No Paperwork involved.

  3. #3
    Join Date
    Feb 2008
    Location
    Levittown, Pennsylvania
    (Bucks County)
    Age
    51
    Posts
    4,190
    Rep Power
    1943620

    Default Re: family transfers

    No...but gifting it to your daughter would be.

  4. #4
    Join Date
    Jul 2007
    Location
    ..............., Pennsylvania
    (Chester County)
    Posts
    5,442
    Rep Power
    18796216

    Default Re: family transfers

    Quote Originally Posted by marinakorp View Post
    Give it to your daughter... then she can give to husband. No Paperwork involved.
    My post from another thread with a similar scenario regarding pass through transfers:

    Quote Originally Posted by tl_3237 View Post
    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?
    IANAL

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