transfer handgun to son

[ddevdaman]

Can someone post the exact quote from the law that allows me to gift a handgun to my 19 year old son. Have a friend that's a cop thars giving me a hard time.

[BenGlock]

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. 18 Pa.C.S. 6111(c).

Also,

(a) No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as provided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.
(b) Subsection (a) shall not apply if any of the following apply: ...
iv.The person who receives the firearm meets all of the following:
A.Is under 18 years of age.
B.Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruction of a responsible individual who:
I.is 21 years of age or older; and
II.is not prohibited from owning or possessing a firearm under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).
18 Pa.C.S. 6115

[normanvin]

http://reference.pafoa.org/statutes/...r-of-firearms/

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.

[knight0334]

That above only counts if the son is a resident of the same state.

If the son lives in another state the handgun will have to go through a FFL in the son's home state. So, so long as he lives here in PA - no paperwork is necessary.

[normanvin]

That above only counts if the son is a resident of the same state.

If the son lives in another state the handgun will have to go through a FFL in the son's home state. So, so long as he lives here in PA - no paperwork is necessary.

Good point.....

[PennsyPlinker]

Can someone post the exact quote from the law that allows me to gift a handgun to my 19 year old son. Have a friend that's a cop thars giving me a hard time.

You now have the law in hand, but the absolute best response to your cop friend is to ask him to show you the law where you can't do it. Don't let him off the hook. Make him back up his words with facts. You can do it nicely, but people need to be made to prove their point, not always make you prove yours. This is true of regular people too, but especially for cops citing the law.

[39flathead]

This is why we have lawyers, cops are not lawyers, they arrest people in the hopes they are correct and then let the system sort it out.

The above posts show what the legal opinion of most cops are worth.

[27hand]

I'm gifting my kiddo a Glock 23 and I have to send it to a FFL in NH. I too was hoping to just hand it to him but was told it must be transferred to out of state FFL.

[tl_3237]

I'm gifting my kiddo a Glock 23 and I have to send it to a FFL in NH. I too was hoping to just hand it to him but was told it must be transferred to out of state FFL.

Yup - it's a requirement of 18 USC 922(a)(5)