Handgun transfer to a cousin...

[Helter]

Ok, so quick question. It seems to me that this is legal, but I just wanted to get peoples thoughts.

Say I have a cousin, who I would like to give a handgun to. Let's also say that I would like to avoid doing the standard dealer transfer. Not because the cousin is prohibited, just because I have a severe allergic reaction to hoops, the jumping through of them, and obnoxious government interference in my life. I'm also allergic to paying $25 for bullshit.

By my understanding, the law would prevent me from giving my cousin this handgun.. but our Grandfather is still alive, which provides us with an opportunity. I can give the gun to my Father legally, right? He can give the gun to his Father legally, right? Then his Father (my Grandfather), can give the gun to his Son (my uncle), who can give the gun to his Son (my cousin).
Ok, so that's all legal right? Right.
Now here's where it may get tricky... When I originally bought the handgun, I was living in Arizona, so it's not in the state police transfer database...
If my cousin, having received this gun through a very rapid but also very legal series of father/son transfers, happens to somehow get it checked by the popo... What happens?
Really, I'm curious about how far down the rabbit hole the police are likely to go. If they for some reason check the serial number on the pistol it will show up as non-existent. They ask where he got it, he says from his Father... Do we expect them to go and ask the Father where it came from? If they do, no problem, he says he got it from his father... Now, I'm sure eyebrows will be raised as to how a 9 year old handgun has managed to grace three generations, but they'll be raised even higher when my Grandfather says he doesn't know what they're talking about (he has severe short term memory loss, unless it happened 10 or more years ago, he can't remember).
So, how much trouble is this scenario going to potentially cause for us?

[GunLawyer001]

I would advise any client of mine to use an FFL in this situation.

You can transfer a handgun directly to your non-prohibited father if you both live in PA, or your non-prohibited grandfather in PA, and the grandfather could transfer directly to his non-prohibited PA son or grandson.

That gun need not be in the PSP registry to be legal. But it could prove hard to get back if it's seized or examined by cops.

I'm also not comfortable with a structured transaction whereby you pass a gun along with the intent that it get to your cousin. I can't say that it's illegal (because I can't point to case law on such a structured transaction in this context); but I can't recommend it as "safe", either. It might be a chance you all would be willing to take, but I can't gloss over the issues and tell you to go for it.

[HiredGoon]

Yeah, it seems like a very convoluted (though legal) way to do this. Just take your cousin with you to a FFL and pay the transfer fee. If you can find one for the $25 you mentioned, that sounds fair. Then you (or anyone else in the proposed scenario) will not have to worry about it

[Broncitis]

I've had very good luck using the FFL finder feature on Gunbroker to locate FFLs for transfers. Found two near me that will do them for $10 each, FTF or if you have one shipped in.

It is listed under the buyers and sellers features.


Even if 100% legal, IMO, for $10-$25, probably not worth the hassle and possible suspicion the multi-generation all in the family method could create. If any issue ever arises, not questions if you have the FFL do it.

[ar15jules]

There everyone goes making sense again......
Jules

[Joel Dreggie]

avoid all the bull, and just do the transfer to his old man or your cousin directly. That way everyone is safe

[YosemiteSam]

Just do the transfer. Your OP post could be used against you to show intent.

[Helter]

Just do the transfer. Your OP post could be used against you to show intent.

Intent of following the law? Is that illegal now?

[NotThatOne]

Intent of following the law? Is that illegal now?

Exactly. If the LEOs and PSP don't like the law they have the same legislature that we do. Change the law.

Nothing stops the OP from having everyone over for dinner and passing the gun around the table until the music stops. The last person to touch is the owner. Just make sure everyone is sitting in the proper order of legal transfer.

"Don't talk about a loop hole or else you'll go to jail." BS! There is a reason why it is called a loop hole...it is hole that you can walk right through and STILL be legal!!

However; I would be careful as somewhere in that chain, someone is opening themselves up for trouble. Are you sure that your cousin is legal? Is your dad legal? Is he sure that his dad is legal? Funny thing about dads...they lived a good 20 years before sons were born and they have stories they don't want to tell you!!

Another thing to worry about is this gun being last in your name in Arizona. Should a crime be committed and the gun is the only evidence...expect an unfriendly visit.

Do the FFL for CYA, unless you are all sure that the others are legal and there is no chance of theft, loss, or criminal behavior in your family.

[YosemiteSam]

If I use you logic I could give a gun to the Indiana Co. District attorney. He is my cousin's wifes brother.

me- my grandmother-cousins mom-cousin-cousins wife-her mom- DA.

Would you like me to ask him about the legality of that transfer?