Laws regarding being gifted a handgun?

[Big_Tuna]

I read through all the threads regarding handguns being given as a gift on her but am still confused. My father grew up in Minersville and his dad was the mayor for some time but he has lived in Texas for 20 years now. I'm a resident and taxpayer in Pennsylvania. I know an interstate firearm gift must go thru an ffl, but if my dad buys it in texas, then brings it up here and we go to an for together, can I still receive it as a gift? I'm only 19 and I'm not sure if the ffl can do that. Maybe if he has the gun shipped to my local ffl from where he buys it then transfers it to his name here then can he legally gift it to me? Thanks for the help guys!

[knight0334]

If you father legitimately buys the gun as a gift, he wont be violating any laws.

For him to transfer it to you it must go through an FFL in your home state because of there being an interstate transfer of a handgun.

HOWEVER, since you are not 21yo a FFL cannot legally transfer a handgun to you.

So, for him to give you the gun, and abide by all laws you must wait until you are 21yo. Or, he passes away and him name you in a will, or you inherit absent a will.

[twency]

If you father legitimately buys the gun as a gift, he wont be violating any laws.

For him to transfer it to you it must go through an FFL because of there being an interstate transfer.

HOWEVER, since you are not 21yo a FFL cannot legally transfer a handgun to you.

So, for him to give you the gun, and abide by all laws you must wait until you are 21yo. Or, he passes away and him name you in a will, or you inherit absent a will.

Could a PA sheriff theoretically perform the transfer (if one could be found willing to do it), or is their transfer authority limited to intrastate transfers?

[knight0334]

Could a PA sheriff theoretically perform the transfer (if one could be found willing to do it), or is their transfer authority limited to intrastate transfers?

Not for interstate transfers. Federal law doesn't prescribe an LEO sanctioned transfer, it only prescribes FFL to do the paperwork - which is a 4473(plus whatever a state requires). Sheriffs do not fill out 4473's.

[Big_Tuna]

Well that sucks. I guess he will just buy it then keep it down there for when I visit until I'm 21. OK thanks again for clarifying this for me. Last thing I want to do is violate any of the laws which would be a nightmare.

[Statkowski]

I guess he will just buy it then keep it down there for when I visit until I'm 21.

And you'll still have to go through an FFL for the transfer since he's a resident of the State of Texas and you're a resident of the Commonwealth of Pennsylvania. It would effectively be an interstate transfer.

[donm]

And you'll still have to go through an FFL for the transfer since he's a resident of the State of Texas and you're a resident of the Commonwealth of Pennsylvania. It would effectively be an interstate transfer.

. . . and for a handgun that FFL will have to be in Pennsylvania (your state of residence) -- he'll have to either bring it here or have it shipped to your friendly local FFL.

[tl_3237]

Well that sucks. I guess he will just buy it then keep it down there for when I visit until I'm 21. OK thanks again for clarifying this for me. Last thing I want to do is violate any of the laws which would be a nightmare.

What would you be doing with a handgun during your visit? Be aware that, since there is differing states of residence between you and your father, the circumstances under which he could loan you the handgun is limited by Federal law to a narrowly defined "sporting purpose" exception. He could allow you to use the handgun in his presence for such things as informal target shooting as long as he does not surrender "dominion and control" to you. All this presupposes there are no contraventions in Texas state law.

[Big_Tuna]

I guess I wasn't too clear on what I'd be doing by that. I meant my father will buy it and it will be his and we will go to the local indoor range together and I will shoot it there until I'm 21 and it can be transferred to me at my local ffl in PA.

[knight0334]

I guess I wasn't too clear on what I'd be doing by that. I meant my father will buy it and it will be his and we will go to the local indoor range together and I will shoot it there until I'm 21 and it can be transferred to me at my local ffl in PA.

Thats the way to do it.. Unfortunately the laws that prevail aren't friendly to honest people.