Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Quote:
Originally Posted by
gnbrotz
The cop should also know it's legal to possess and carry a gun owned by someone else, so long as the possessor has a LTCF.
Cite me when a cop was ever disciplined for getting a gun off the streets. Double it for a doctor disciplined for a false 302.
Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Quote:
Originally Posted by
gnbrotz
The cop should also know it's legal to possess and carry a gun owned by someone else, so long as the possessor has a LTCF.
There are a lot of things they should know that they don't.
Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Quote:
Originally Posted by
gnbrotz
The cop should also know it's legal to possess and carry a gun owned by someone else, so long as the possessor has a LTCF.
That doesn't appear to be emphasized in training, and frankly I wouldn't expect it to be. We have too many laws. I know the ones I find interesting, I couldn't give you an outline off the top of my head of current bankruptcy laws or child custody rules or discovery rules in anti-trust litigation or maritime rules applicable in rivers near the ocean, or thousands of other quirks and rules and conflicting statutes.
Of course, I also don't have the opportunity to arrest people and confiscate property without checking with anyone who is certain of the relevant laws. In fact, I've heard stories of cops calling the duty sergeant who calls the on-call ADA who then gives them incorrect versions of the statutes.
We have too many laws, that's the problem. Look at the current crimes Code for PA and tell me how long it would take you to memorize that, plus the Vehicle Code, and the current list of controlled substances, and the woke rules for dealing with BLM riots.
It's a tough job. The system should factor that in more than it does, there should be more safeguards, so that I don't end up at another prelim because the wife was driving the car and the cops found a gun that tracked back to her husband, a current PA LTCF holder. At least that PA State cop was separated from the force, but not for that blunder.
Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Quote:
Originally Posted by
eyecanshoot
Wouldn't half of those guns be hers anyway?
Good one!
Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Thanks for the input everybody, I truly appreciate it.
Step son is a PA resident... just a couple speeding tickets, lol
The way things seem like they are heading we'll all be considered felons before long
Thanks for the FB God's Country, I could not agree more!
Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Slightly off the OP topic, but...
Quote:
Originally Posted by
GunLawyer001
The burden is on you in a return of property hearing, to establish that you're entitled to possession, which probably includes a showing of lawful acquisition.
In an older thread (STOP, DETAIN, SEARCH - What CAN an Officer Do Legally (IANAL)) I referenced some cases regarding the return of seized property:
=================================================
Return of Seized Property
COMMONWEALTH v. ROSS - DECEMBER 8, 2011
(Commonwealth Court 250 C.D. 2011)
http://www.pacourts.us/OpPosting/Cwe...11_12-8-11.pdf
Quote:
More specifically, motions to secure the return of property seized by police are initiated pursuant to Pa.R.Crim.P. 588. Under this rule, on any motion for return of property, the moving party must establish by a preponderance of the evidence entitlement to lawful possession. Once the moving party provides sufficient proof, the burden shifts to the Commonwealth to resist the return of property by proving the property is contraband. Commonwealth v. Crespo, 884 A.2d 960 (Pa. Cmwlth. 2005).
Johnson v. Commonwealth - AUGUST 1, 2007
Commonwealth Court 931 A.2d 781, 783-84 (Pa. Cmwlth. 2007)
http://www.pacourts.us/assets/opinio...-1-07.pdf?cb=1
Quote:
There is a dearth of case law addressing the question of whether a petitioner has met his initial burden of proving that he is the lawful owner of the items seized. Commonwealth v. Younge, 667 A.2d 739 (Pa. Super. 1995). This is because the only burden of persuasion placed on a petitioner under Rule 588(a) is entitlement to lawful possession or ownership of the subject property. Commonwealth v. Stipetich, 623 A.2d 360 (Pa. Super. 1993). In fact, a mere allegation of entitlement meets this burden. Younge, 667 A.2d at 741-42.
Quote:
“At a minimum, our rules and case law mandate Johnson properly allege, under oath, lawful possession.”
(My Bolding)
=================================================
Perhaps you can comment further on this issue.
...
Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Quote:
Originally Posted by
tourrider
He should double check that. I was able to gift a car to my step-daughter by producing a marriage license to the state.
You can gift your car to a homeless stranger. And it would be the same transaction type. Last I checked auto transfers aren't regulated by the ATF.
Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Take the gun and your step son to a gun shop. Transfer it there via PICs ect and it's out of your name and into his on the PSP handgun registry . Problem solved. Your step son will also get an education on how to legally sell a handgun in PA.
Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Quote:
Originally Posted by
eagleclaw
Take the gun and your step son to a gun shop. Transfer it there via PICs ect and it's out of your name and into his on the PSP handgun registry . Problem solved. Your step son will also get an education on how to legally sell a handgun in PA.
this !
Re: Am I allowed to gift my 26 year old stepson a pistol and rifle?
Quote:
Originally Posted by
eagleclaw
Take the gun and your step son to a gun shop. Transfer it there via PICs ect and it's out of your name and into his on the PSP handgun registry . Problem solved. Your step son will also get an education on how to legally sell a handgun in PA.
^^^^Yes^^^^
Why deal with any risk.
