Family transfer. Quick question

[TurboDiesel]

I think I know the answer already, but...

Transferring a firearm from my sister to me.
Do i need to transfer thru an FFL ?
What if she gave it to our dad, Then my dad gave it to me?

[knight0334]

I think I know the answer already, but...

Transferring a firearm from my sister to me.
Do i need to transfer thru an FFL ?
What if she gave it to our dad, Then my dad gave it to me?

Yes, it would need to be transferred through a FFL.


Her giving it to your dad with intent for him to give to you would be illegal. And since (2) or more people planned such an act it would follow with a conspiracy charge on top of a violation of the UFA.

Just transfer it at a FFL and be done with it..

[Totez]

Yes, it would need to be transferred through a FFL.


Her giving it to your dad with intent for him to give to you would be illegal. And since (2) or more people planned such an act it would follow with a conspiracy charge on top of a violation of the UFA.

Just transfer it at a FFL and be done with it..

If by firearm you mean handgun then you must go through an FFL. Long guns I *think* you can give with no FFL so long as you reasonably know she's not prohibited and a resident of PA.

Of course I am no lawyer and my knowledge of the law is limited so don't trust that blindly.

[knight0334]

If by firearm you mean handgun then you must go through an FFL. Long guns I *think* you can give with no FFL so long as you reasonably know she's not prohibited and a resident of PA.

Of course I am no lawyer and my knowledge of the law is limited so don't trust that blindly.

Thats is correct. Handguns require a proper transfer but longguns, which aren't "firearms" do not.

And of course, if the parties are from different states, a FFL is required for both handguns and long guns.

[TurboDiesel]

Thanks for your responses
I read all the transfer laws and didn't find anything on transferring to a sibling, so I felt I needed to transfer at FFL. Yes it is a handgun. And as far as intent I understand what you mean. There is no intent, but I understand it could look bad. We are all gun nuts and we like to try each others firearms. I guess I was just hoping there was a sibling "loophole". And I hate to give the state any more money. They get way to much of my money now.

I also think I should be able to give my sister a firearm, just like my father or child. IMO

[Sgt.K]

Thanks for your responses
I read all the transfer laws and didn't find anything on transferring to a sibling, so I felt I needed to transfer at FFL. Yes it is a handgun. And as far as intent I understand what you mean. There is no intent, but I understand it could look bad. We are all gun nuts and we like to try each others firearms. I guess I was just hoping there was a sibling "loophole". And I hate to give the state any more money. They get way to much of my money now.

I also think I should be able to give my sister a firearm, just like my father or child. IMO

If your intent is to tranfer *ownership* of the firearm, then go to the FFL. If you just want to 'try out each other's guns', and both are LTCF holders, just loan it to her. Easy peasy...

[nfafan]

Where did the OP state they were in different states?

I thought that if both you and your sister were inside the same state, you could just give it to each other?

Regardless, IANAL and I make my own loopholes, refuse to feed the bear unless mandated.

[Democrat Gun Owner]

If your intent is to tranfer *ownership* of the firearm, then go to the FFL. If you just want to 'try out each other's guns', and both are LTCF holders, just loan it to her. Easy peasy...

What is the legal definition of loan?

I once sold a handgun to a guy who works with me. We both are LTCF holders. Prior to the sale, I brought the gun to work with me and gave it to him. He took it for about a week or so to try it out at the range. He liked it. So, off we went to the local FFL to complete the transfer. This is clearly a loan.

However, if I take someone to the range with me who does not have an LTCF and "loan" them one of my guns to shoot while I am still there at the range, is this considered an illegal loan? I don't think it is, but what is the the legal line...my presence?

[tl_3237]

What is the legal definition of loan?

I once sold a handgun to a guy who works with me. We both are LTCF holders. Prior to the sale, I brought the gun to work with me and gave it to him. He took it for about a week or so to try it out at the range. He liked it. So, off we went to the local FFL to complete the transfer. This is clearly a loan.

However, if I take someone to the range with me who does not have an LTCF and "loan" them one of my guns to shoot while I am still there at the range, is this considered an illegal loan? I don't think it is, but what is the the legal line...my presence?

Basically - yes. Since you are there you continue to maintain 'control' over the firearm. As long as you remain there and they are not otherwise prohibited, there should be no problems.

[knight0334]

Where did the OP state they were in different states?

I thought that if both you and your sister were inside the same state, you could just give it to each other?

Regardless, IANAL and I make my own loopholes, refuse to feed the bear unless mandated.

If it is a handgun, not in PA and a couple other states. Sibling transfers are regulated in PA for "firearms".