Gun Law Question ...

**adoddere** · July 1st, 2012, 08:17 PM

First of all, if I'm putting this in the wrong section, I apologize.

In any event, I have a pistol I want to give to my son. He's 25, and a resident of Arkansas who is visiting this week on vacation.

I'm a PA resident, and purchased the pistol here through the normal pistol buying process.

Can I transfer it to him as my son without any formal transfer/background process? He'll transport it legally (locked in it's original box, apart from any ammunition). Any legal pitfalls I should be concerned about?

Thanks in advance guys/gals for any advice.

**Curmudgeon** · July 1st, 2012, 08:32 PM

The transfer between parent and child you're thinking of is a PA statute and applies when both are PA residents only.

What you are looking at here is an interstate transfer and must follow federal laws.

IIRC, at a minimum it must be transferred at an FFL in the buyers (or receivers) home state.

Edited to add: He cannot take it to Arkansas and transfer it there. He should find an FFL there who is willing to do the transfer, and follow his instructions. Likely you will have to ship it to the FFL, or you will have to get a PA FFL to ship it to the AR FFL.
.

**OldSchoolPC** · July 1st, 2012, 08:41 PM

Was he ever a PA resident? Who is to say that you didn't transfer the weapon to him while you were both in PA, and PA residents?

P.S. The above is not legal advice.

**JayBell** · July 1st, 2012, 08:51 PM

Originally Posted by OldSchoolPC

Was he ever a PA resident? Who is to say that you didn't transfer the weapon to him while you were both in PA, and PA residents?

P.S. The above is not legal advice.

do NOT suggest this sort of thing. ever.

**OldSchoolPC** · July 1st, 2012, 11:59 PM

Originally Posted by JayBell

do NOT suggest this sort of thing. ever.

Um, I didn't. Re-read it. Firstly, I made a disclaimer saying that it isn't legal advice. As in, I am not a lawyer. That is different than saying "This is illegal advice." There was no "advice" at all. My post said, "who's to say?" Instead of mis-reading this as some sort of advice, consider other options. The burden of proof would be on the state to prove that it was an illegal transfer. So, "just sayin'!" comes to mind. So, who's to say that it wasn't a legal transfer? I did not say: "You should just give it to him anyway, regardless of the law." I should not have received an infraction. I say again, there was no advice, nor suggestion of an illegal action. I was using the forum for it's intended purpose. Discussion about firearms.

P.S. Negative rep was nice too...

**medsteele** · July 2nd, 2012, 03:41 AM

It was most certainly an insinuation that disregarding the law would be okay in this situation, because it would be hard to prove otherwise. Don't act like that's not what you meant.

**GunLawyer001** · July 2nd, 2012, 03:56 AM

Originally Posted by OldSchoolPC

Was he ever a PA resident? Who is to say that you didn't transfer the weapon to him while you were both in PA, and PA residents?

P.S. The above is not legal advice.

Originally Posted by OldSchoolPC

Um, I didn't. Re-read it. Firstly, I made a disclaimer saying that it isn't legal advice. As in, I am not a lawyer. That is different than saying "This is illegal advice." There was no "advice" at all. My post said, "who's to say?" Instead of mis-reading this as some sort of advice, consider other options. The burden of proof would be on the state to prove that it was an illegal transfer. So, "just sayin'!" comes to mind. So, who's to say that it wasn't a legal transfer? I did not say: "You should just give it to him anyway, regardless of the law." I should not have received an infraction. I say again, there was no advice, nor suggestion of an illegal action. I was using the forum for it's intended purpose. Discussion about firearms.

P.S. Negative rep was nice too...

The OP clearly stated that he hasn't transferred the gun yet, and his son lives in Arkansas. You should re-read his post, and not assume that the other members here are morons. You very clearly intended to suggest that the OP wouldn't get caught if he broke the law, which is not why people use this forum, nor is it the intended purpose of this forum.

BTW, adding "this is not legal advice" is sort of pointless. For example, I could write "I will not be dinging you with any negative rep", yet that would hardly supersede reality, would it?

**DClan** · July 2nd, 2012, 05:48 AM

You should let your son go back to Arkansas. Once he is home, have him find an ffl willing to accept having the gun shipped to them ( either fed ex, or another ffl if needed ). Have the Ark. Ffl then properly transfer the gun to him. Have your son call you with the total for the transfer and send him a check or money order. Your son now has legal possession and ownership of the weapon ( provided he is not prohibited ) at no cost to him, you've met all legal requirements, and your father of the year in his book. It's a win/win.

**adoddere** · July 2nd, 2012, 12:06 PM

Originally Posted by DClan

You should let your son go back to Arkansas. Once he is home, have him find an ffl willing to accept having the gun shipped to them ( either fed ex, or another ffl if needed ). Have the Ark. Ffl then properly transfer the gun to him. Have your son call you with the total for the transfer and send him a check or money order. Your son now has legal possession and ownership of the weapon ( provided he is not prohibited ) at no cost to him, you've met all legal requirements, and your father of the year in his book. It's a win/win.

Sounds like the right plan. I suppose I need an FFL here in PA to ship it to the FFL in Arkansas? I can't just ship a pistol to an FFL, right?

**JayBell** · July 2nd, 2012, 12:49 PM

Originally Posted by OldSchoolPC

Um, I didn't. Re-read it. Firstly, I made a disclaimer saying that it isn't legal advice. As in, I am not a lawyer. That is different than saying "This is illegal advice." There was no "advice" at all. My post said, "who's to say?" Instead of mis-reading this as some sort of advice, consider other options. The burden of proof would be on the state to prove that it was an illegal transfer. So, "just sayin'!" comes to mind. So, who's to say that it wasn't a legal transfer? I did not say: "You should just give it to him anyway, regardless of the law." I should not have received an infraction. I say again, there was no advice, nor suggestion of an illegal action. I was using the forum for it's intended purpose. Discussion about firearms.

P.S. Negative rep was nice too...

since you decided to do this in public....

you weren't clever enough in your wording to pull off this being truly "tongue in cheek"... I could hand you a bottle of cyanide and say "I'm not a chemist, who's to say thats not kool aid" and it also wont pass muster.

if you feel your 5 point infraction for "Illegal Content : Gray Area" was out of line, please feel free to file a complaint via our complaint process, and see if the rest of the staff agrees this was a 5 point gray area infraction or a 40 point Willful and Moderate" ... go read the rules, so many people havent bothered and moan when they get nicked.

PS. as a note to others here, any neg rep you acquired did not come from me, but from other users who also saw past your cunning wordplay