Handgun Transfer Law

[wrangler1120]

Not looking for legal advice, just something to settle an argument...

Had an argument with a family member as to what designates "immediate family". in regards to a handgun xfer. I told him the law was immediate family only (Husband, wife, children) excluding sibling to sibling transfers.

He believes immediate family also consists of sibling to sibling, 1st cousin to 1st cousin, son-in-law to father-in-law etc.

I believe I'm correct and so does he. Anyone have a link to how they define immediate family?

[normanvin]

§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.

[internet troll]

Not looking for legal advice, just something to settle an argument...

Had an argument with a family member as to what designates "immediate family". in regards to a handgun xfer. I told him the law was immediate family only (Husband, wife, children) excluding sibling to sibling transfers.

He believes immediate family also consists of sibling to sibling, 1st cousin to 1st cousin, son-in-law to father-in-law etc.

I believe I'm correct and so does he. Anyone have a link to how they define immediate family?

This might help:

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


(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.


Edited to add.....Dang, just saw NormanVin beat me to it.

[Bill67]

Ok, a new question comes to mind about Step son. My wife's son lives with us and has an interest in owning a handgun. We recently bought a 9mm Star M43 and I let him know he had to wait until he was 21 for me to transfer it to him. Am I correct in this or does he fall under the child category? He is currently 18 and am I right in waiting til he is 21?

[ungawa]

You cannot transfer to stepson without a PICS check and PSP form. FFLs will not transfer a handgun to someone under 21, so no PICS check there. Sheriff can do the PICS check, but most won't. So, it is legal, but nobody will make it legal.

Your wife is his mom. She can transfer a handgun to her son. You can transfer a handgun to your wife. No PICS check or PSP form would be required for either or both.

[Curmudgeon]

Ok, a new question comes to mind about Step son. My wife's son lives with us and has an interest in owning a handgun. We recently bought a 9mm Star M43 and I let him know he had to wait until he was 21 for me to transfer it to him. Am I correct in this or does he fall under the child category? He is currently 18 and am I right in waiting til he is 21?

According to both federal and PA law a person may own and possess a handgun at 18 years of age and older.

I honestly don't know whether you can give him the handgun without the paperwork transfer, but I would think you would be within the spirit of the law. I am not an attorney.

[Curmudgeon]

You cannot transfer to stepson without a PICS check and PSP form. FFLs will not transfer a handgun to someone under 21, so no PICS check there. Sheriff can do the PICS check, but most won't. So, it is legal, but nobody will make it legal.

Your wife is his mom. She can transfer a handgun to her son. You can transfer a handgun to your wife. No PICS check or PSP form would be required for either or both.

^Ok, here's an even better solution. All involved must be PA residents at the time of transfer.

[Bill67]

Ungawa seems to think I can give it to the wife, and she can give it him if I read his response correctly. I personally am fine holding on to it a couple more years, and he and I go to the range together anyway. There may be a point he wants to carry it, but he isn't there yet.
Thanks for the responses.

[tl_3237]

Ok, a new question comes to mind about Step son. My wife's son lives with us and has an interest in owning a handgun. We recently bought a 9mm Star M43 and I let him know he had to wait until he was 21 for me to transfer it to him. Am I correct in this or does he fall under the child category? He is currently 18 and am I right in waiting til he is 21?

Your step-son would qualify for the child exemption only if you had formally adopted him.

Ungawa seems to think I can give it to the wife, and she can give it him if I read his response correctly. I personally am fine holding on to it a couple more years, and he and I go to the range together anyway. There may be a point he wants to carry it, but he isn't there yet.
Thanks for the responses.

Assuming non-adoption - I would be hesitant in performing a otherwise illegal transfer by using the wife/mother as a facilitator. Though your paperless transfer to your spouse and her paperless transfer to her child are individually legal in their own right, you cannot escape the fact that the intent and net result is a paperless transfer between yourself and her son which is not legal.

[tlnzz1]

You cannot transfer to stepson without a PICS check and PSP form. FFLs will not transfer a handgun to someone under 21, so no PICS check there. Sheriff can do the PICS check, but most won't. So, it is legal, but nobody will make it legal.

Your wife is his mom. She can transfer a handgun to her son. You can transfer a handgun to your wife. No PICS check or PSP form would be required for either or both.

I find that very interesting. Unintended consequences and perfectly legal.