I think this will work... (Uncle who is from NJ Open Carrying in PA)

[uniballin]

OK, so Saturday is my grandma's 80th birthday party at The Melt in Bethlehem. My uncle from NJ is coming up and lately he has expressed interest in the open carry movement. He doesn't own any handguns but he has a side business of buying old rifles/shotguns for dirt cheap, refurbishing them, and then selling them to collectors. Anyway, here is my plan:

We drive to the Melt. I gift my Ruger SP101 to my grandma who then in return gifts the Ruger SP101 to my uncle (her son). Now that he legally owns the hand gun, he can carry it (openly since he doesn't have any reciprocal permits that PA honors) during the duration of the dinner. After the dinner and it's time for us to go home, he can gift the gun back to my grandma, and finally she can gift it back to me. Would this work? lol

Edit: Nevermind. Won't work since the gifting exemption only applies if both parties live in PA.

[rovert97]

Can't gift a handgun to an uncle. Also cannot loan it to them unless they have a LTCF.

[mollymayhem82]

[ddefazio]

OK, so Saturday is my grandma's 80th birthday party at The Melt in Bethlehem. My uncle from NJ is coming up and lately he has expressed interest in the open carry movement. He doesn't own any handguns but he has a side business of buying old rifles/shotguns for dirt cheap, refurbishing them, and then selling them to collectors. Anyway, here is my plan:

We drive to the Melt. I gift my Ruger SP101 to my grandma who then in return gifts the Ruger SP101 to my uncle (her son). Now that he legally owns the hand gun, he can carry it (openly since he doesn't have any reciprocal permits that PA honors) during the duration of the dinner. After the dinner and it's time for us to go home, he can gift the gun back to my grandma, and finally she can gift it back to me. Would this work? lol

With your Uncle being the one who you are really trying to gift this too I do not believe this would be legal at all.

[ReconLdr]

OK, so Saturday is my grandma's 80th birthday party at The Melt in Bethlehem. My uncle from NJ is coming up and lately he has expressed interest in the open carry movement. He doesn't own any handguns but he has a side business of buying old rifles/shotguns for dirt cheap, refurbishing them, and then selling them to collectors. Anyway, here is my plan:

We drive to the Melt. I gift my Ruger SP101 to my grandma who then in return gifts the Ruger SP101 to my uncle (her son). Now that he legally owns the hand gun, he can carry it (openly since he doesn't have any reciprocal permits that PA honors) during the duration of the dinner. After the dinner and it's time for us to go home, he can gift the gun back to my grandma, and finally she can gift it back to me. Would this work? lol

No this would not work. Your Uncle is a NJ resident and therefore all transfers must go through an FFL, regardless of the relationship of owners.

Even if he were a Pa resident, I am pretty sure this could be viewed by the DA as a "loan" and you would end up loosing your pistol at least temporarily, till the courts figured it out.

[zackattack784]

As far as I know this is illegal. Even if he were a PA resident (which he isn't) it would not be legal imo. Being that he's a NJ resident I assume their gun transfer laws are stricter than ours so I don't see how this is legal. Seems like a very very bad idea.

[uniballin]

I forgot the gifting exemptions in the law become void when the transferee is not a PA resident (both my grandma and uncle are from NJ).

Oh well, thought it would be cool if that actually worked. No way to skirt around the law it seems

Thanks guys.

[GL23]

Sounds like "straw gifting" to me.

[donm]

I forgot the gifting exemptions in the law become void when the transferee is not a PA resident (both my grandma and uncle are from NJ).

The gifting exemption applies to Pennsylvania law that requires that handgun transfers go through an FFL or sheriff (yeah, right). The obvious illegal intent of the proposed solution aside, it's trumped by Federal law that requires that all interstate transfers (except bequests) go through an FFL.

[rmodel65]

have him apply for a florida permit and then he can borrow your gun when in PA??