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Thread: Transfer to Spouse
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October 2nd, 2020, 08:27 PM #1
Transfer to Spouse
It's been a while.
I tried searching but when I type in Family, or family transfer, there are hundreds of posts, starting with Trump, so, not sure how the search engine works.
Anyway, my heath is deteriorating and my wife was asking about all of our guns. All the guns are in my name (even the pretty pink AR-15) due to her just either not being around at the time of purchase, or me getting multiple guns at once and it just being easier. I recently tried to transfer a handgun from me to my son, and dude at the place said nothing needs done, "I simply say it's his, and it is his". SO as much as I'd love to believe all that, and the bit of googleing I done, it does seem that simple... I just don't want her to run into anything if, something happens. I know there's no "gun registry" per say, but there obviously is some sort of gun history, otherwise there would be no reason for FFL. So ultimately, Do I need to go and "officially" transfer the guns to my wife, or, is it "assumed" by the government through their non-existent gun database, that mi pistola is her pistola?
Thanks in advance for any direction...
Zombie Response Team SECTOR 4 Ground assault unit
"Nothing defuses people like crazy." ~ Lycanthrope
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October 2nd, 2020, 08:48 PM #2
Re: Transfer to Spouse
There's lots of guys here that know chapter and verse better than me.
But yes, you can just give her all your guns with no paperwork involved assuming she is not a prohibited person.
Spouse to spouse, parent/grandparent to child, child to parent/grandparent, do not require paperwork.
It gets more complicated if people live in different states.
Send a PM to Xringshooter, he can lay it all out to the letter.
If you want to hear it from a lawyer send a PM to Gunlawyer.
Prayers for your health.
Bern-How can you have any cookies if you don't drink your milk?
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October 3rd, 2020, 12:49 PM #3
Re: Transfer to Spouse
For transfers between spouses, parent <-> child, grandparent <-> grandchildren occurring within the state of Pa with all parties being residents of Pa:
1. an FFL is not required;
2. the donor must not have knowledge that the recipient is a prohibited person;
3. the recipient must be 18+ years of age.
Refs: 18 Pa CSA 6111(c), 18 PA CSA 6105, 18 Pa CSA 6110.1
Firearms transfers pursuant to an estate distribution also do not require the use of an FFL - even if the transfer is interstate and, in addition, there is no requirement that the beneficiary be related.Last edited by tl_3237; October 3rd, 2020 at 01:03 PM.
IANAL
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October 3rd, 2020, 02:27 PM #4
Re: Transfer to Spouse
If/when police seize a gun, the burden is on the owner to prove that it's his or hers, before the police have to give it back. The Record of Sale Database can make that easier.
On the other hand, I'm not a big fan of the government (ANY government) knowing where all the guns are and who owns them. Makes it too easy for the commie tyrants to ban them and ENFORCE the ban.
For an in-state transfer of a handgun between parent/child, or between spouses, or between grandparent/grandchild, I'd at least hand-write a bill of sale and sign and date it. Maybe have the signatures notarized. That would be useful in court 20 years down the road.
For a gun the recipient plans to carry, I'd launder it through an FFL so that misinformed cops will be less confused when they run the serial number.
Long guns are less of an issue, because they're less regulated in-state, and less likely to be confiscated during a traffic stop.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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October 4th, 2020, 09:52 PM #5Active Member
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Re: Transfer to Spouse
If you sell a handgun in PA, is it still connected to you in the sales database, or is it no longer once the transfer to the new owner is complete?
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October 5th, 2020, 07:24 AM #6
Re: Transfer to Spouse
Do a bill of transfer, like a bill of sale. if the gun is in the database then the chain of ownership should not be hard to verify
Derrion Albert was my Hero.
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October 5th, 2020, 08:31 AM #7
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October 5th, 2020, 01:20 PM #8
Re: Transfer to Spouse
Only nfa needs to be transferred by forms and such between husband wife parent child grandparent grandchild. In pa. Cross state residency and it*s ffl all the way.
The Gun is the Badge of a Free Man
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