Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
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    Default question i haven't been able to get answered

    the law states that transfers between parent and child require no background check and are perfectly legal - this would mean that sales between the two would be fine also from what i undestand. if this is the case, then why does everyone always keep talking about "gifting" ???
    Retired LEO, FFL Holder

  2. #2
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
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    Default Re: question i haven't been able to get answered

    If your father gave you a Christmas (birthday, 4th of July, Bar Mitzvah, etc.) gift of a firearm that would be construed as gifting a firearm to you. If your Dad needed some money and didn't want you to "give" it to him, he could sell you a firearm and no paperwork is required.

    Hope this helped.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  3. #3
    Join Date
    Mar 2007
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    Boothwyn, Pennsylvania
    (Delaware County)
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    Default Re: question i haven't been able to get answered

    (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.


    says noting about gift, actually says transfer.

  4. #4
    Join Date
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    Warminster, Pennsylvania
    (Bucks County)
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    Default Re: question i haven't been able to get answered

    Quote Originally Posted by Chevmeister View Post
    (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.


    says noting about gift, actually says transfer.
    thank you - exactly what i wanted to know.
    Retired LEO, FFL Holder

  5. #5
    Join Date
    Mar 2007
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    Boothwyn, Pennsylvania
    (Delaware County)
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    Default Re: question i haven't been able to get answered

    now as far as you being under 21, i dont know how that would work. if you need help meet me in the chat, or pm me.

  6. #6
    Join Date
    Mar 2006
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    Private, Pennsylvania
    (Montgomery County)
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    Default Re: question i haven't been able to get answered

    a person must be 18 and older to posess a firearm (pistol, rifle or shotgun) but 18 to BUY a rifle or shotgun from an FFL, and 21 to BUY a pistol from a FFL.

    buying rules from FFLs is different than from buying from a private citizen, and different from transferring from some family members, as pointed out.

    under 18 may not posess a rifle or shotgun without permission, and under 18 no pistols with out supervision or permission from a parent or guardian, including a written notice if not supervised ...for a farm/ranch/work situation.

    thats pretty much how it works.
    "Oderint Dum Metuant" - BMFH

    "Tact is for people not witty enough to use sarcasm"

    Note: any whingeing crazy that hits my PM inbox will be deleted without reply

  7. #7
    Join Date
    Feb 2007
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: question i haven't been able to get answered

    Now I was aware of the family member gifting scenario, but am I correct in my reading. I can not give a gun to my brother or sister, only to my daughter, parent, or grandparent?

  8. #8
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    Default Re: question i haven't been able to get answered

    Quote Originally Posted by Pierce8468 View Post
    Now I was aware of the family member gifting scenario, but am I correct in my reading. I can not give a gun to my brother or sister, only to my daughter, parent, or grandparent?
    correct, siblings can not gift to one another....
    Last edited by XD45; November 1st, 2007 at 03:36 AM.

  9. #9
    Join Date
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    Philadelphia, Pennsylvania
    (Philadelphia County)
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    Default Re: question i haven't been able to get answered

    Federal straw purchacing regulations are why we call it "gifting" You can not buy a gun with the specific intent of selling it to another person, even if that person is elligable to own a gun. There is an exception for guns given as gifts.

    So sayeth the BATF.

  10. #10
    Join Date
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    Default Re: question i haven't been able to get answered

    Quote Originally Posted by XD45 View Post
    correct, siblings can not gift to one another....
    That is kind of stupid! This is just a rhetorical question, but why can I give it to my daughter, and not my brother? I just don't see any logic in this.

    So would this be ok? Not that I plan on doing it, but just curious. I give a gun to my mother, who then gives it to my brother. Sounds like it would be legal, but I could be wrong

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