Help! gifted firearm?

[Cyte]

My mother purchased (against my advice) a Davis Ind. p380. She fired one mag through it, and hates it. No surprise there. So she gave it to me, now after calming my insatiable urge to pound it into dust, I would like to know what the deal with "gifted firearms" is.

Can I receive a pistol from a family member without a transfer?

If so, Can I sell it, without a transfer from her to me?

Also, what is the rundown on a "gifted firearm"?

Is it ok for a parent to give a child, (non-prohibited of course) a firearm?
OR
A spouse to spouse?

Thanks ahead for taking the time to educate me.

[Curmudgeon]

Not between ANY family member, but:

parent to child,
Grandparent to grandchild
spouse to spouse

are OK, no paper work needed.

You can sell and do transfer as normal, through FFL.

18 Pa.C.S. § 6111: Sale or transfer of firearms
(a) Time and manner of delivery.--
(1) Except as provided in paragraph (2), no seller shall deliver a firearm to the purchaser or transferee thereof until 48 hours shall have elapsed from the time of the application for the purchase thereof, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.
(2) Thirty days after publication in the Pennsylvania Bulletin that the Instantaneous Criminal History Records Check System has been established in accordance with the Brady Handgun Violence Prevention Act (Public Law 103- 159, 18 U.S.C. § 921 et seq.), no seller shall deliver a firearm to the purchaser thereof until the provisions of this section have been satisfied, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.
(b) Duty of seller.--No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, until the conditions of subsection (a) have been satisfied and until he has:
(1) For purposes of a firearm as defined in section 6102 (relating to definitions), obtained a completed application/record of sale from the potential buyer or transferee to be filled out in triplicate, the original copy to be sent to the Pennsylvania State Police, postmarked via first class mail, within 14 days of the sale, one copy to be retained by the licensed importer, licensed manufacturer or licensed dealer for a period of 20 years and one copy to be provided to the purchaser or transferee. The form of this application/record of sale shall be no more than one page in length and shall be promulgated by the Pennsylvania State Police and provided by the licensed importer, licensed manufacturer or licensed dealer. The application/record of sale shall include the name, address, birthdate, gender, race, physical description and Social Security number of the purchaser or transferee, the date of the application and the caliber, length of barrel, make, model and manufacturer's number of the firearm to be purchased or transferred. The application/record of sale shall also contain the following question:
Are you the actual buyer of the firearm(s), as defined under 18 Pa.C.S. § 6102 (relating to definitions), listed on this application/record of sale? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person, unless you are legitimately acquiring the firearm as a gift for any of the following individuals who are legally eligible to own a firearm:
(1) spouse;
(2) parent;
(3) child;
(4) grandparent; or
(5) grandchild.

[smithwessn]

Yes, it can be transferred from your mom to you, (gift, trade, purchase makes no difference) without any paperwork. ( so long as you aren't a prohibited person) Once she gives, sells, etc, it to you, you may do what you wish with it.

[Cyte]

Thank you sir, I thought this to be so, but I like to ask more knowledgeable person(s) first. I love this site for that very reason.

[HiredGoon]

A reminder that both the giver and the receiver of the firearm have to be PA residents, even if they are parent, grandparent or spouse for this to be legal. Otherwise, if either is a resident of another state, federal regs come into play as well and the transfer must be done at an FFL.

[Curmudgeon]

A reminder that both the giver and the receiver of the firearm have to be PA residents, even if they are parent, grandparent or spouse for this to be legal. Otherwise, if either is a resident of another state, federal regs come into play as well and the transfer must be done at an FFL.

EXCELLENT point.

[ROCK-IT3]

Not between ANY family member, but:

parent to child,
Grandparent to grandchild
spouse to spouse

are OK, no paper work needed.

You can sell and do transfer as normal, through FFL.

Also in the other direction, i.e.:

child to parent
grandchild to grandparent

[rwb1500]

...If so, Can I sell it, without a transfer from her to me?

It would probably be wise to do just that. Sell the little bastard and never think about it again. There are people out there that will buy them. There's a market for everything...


On a completely different note, I wish my mom would start gifting me pistols!

[mrnyman]

Actually the little davis .380's arent bad now, remeber back in the 80's when they were made out of ZInc alloy? no more , Solid steel now, remember when that little channel that hold the firing pin in place were made of Plastic? no more it is now made of Aluminum, .but sadly they stopped using that lovely American Walnut grip set, now its a nice looking polymer.

A gun shop that i frequent just got one in by accident, i looked it over , nice hard chrome finish and weighs a Ton , almost bought it myself.

Why didnt your mom like it , ? Any failures?



Nyman

[USAF385]

Also in the other direction, i.e.:

child to parent
grandchild to grandparent

Back when I first gifted a handgun, I saw people list it as "parent to child" so many times I was wondering myself if child to parent was allowed. It seems more accurate to say you can gift between parent and child, grandparent and grandchild, and between spouses.

Once I noticed the following, I wasn't confused:

Are you the actual buyer of the firearm(s), as defined under 18 Pa.C.S. § 6102 (relating to definitions), listed on this application/record of sale? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person, unless you are legitimately acquiring the firearm as a gift for any of the following individuals who are legally eligible to own a firearm:
(1) spouse;
(2) parent;
(3) child;
(4) grandparent; or
(5) grandchild.