Am I allowed to gift my 26 year old stepson a pistol and rifle?

[Walleye Hunter]

Ummm... WHY would he sell it for a penny when he can give it to him?
There's no transfer required for long guns between two PA residents who are not prohibited persons. The transfer isn't "money based".

Money changing hands has nothing to do with any of it. No need for any of that silly "I sold him my house for a dollar" nonsense.

Pretty soon wolf will require money, paper transfers and sales tax, our coffers are hurting.

[JAKIII]

Pretty soon wolf will require money, paper transfers and sales tax, our coffers are hurting.

Firearms insurance comes up every year too.

[gnbrotz]

I have been through a similar situation and asked an attorney for advice. Step children, unless legally adopted, are not included in the "no FFL needed" exemption for same-state transfers between children/parents/grandparents as described in PA 6111(c).

The rifle is no issue, but for the pistol, your options are to either adopt your step-son (yes, you CAN adopt adult step-children) or go through an FFL. The later option will be the less expensive (and faster) one.

[GunLawyer001]

I would advise against the "use the wife for a sham gift" option. Those who prosecute gun crimes would use the filter of a straw purchase, even if the law doesn't quite lay that out. Giving to the step kid is not an exempt transfer. Giving to the wife so she can give it to the same kid looks like a sham transfer, and on paper what it looks like is "step dad bought a gun and the Record of sale Database shows stepdad as the last lawful purchaser. Time passes. Someone not his child or spouse or parent or grandparent or grandchild is stopped for speeding and the gun is discovered. The Database is queried. Frivolity ensues.

[esh21167]

Pretty soon wolf will require money, paper transfers and sales tax, our coffers are hurting.

He's already got an increased PA income tax idea for all of us.

I would advise against the "use the wife for a sham gift" option. Those who prosecute gun crimes would use the filter of a straw purchase, even if the law doesn't quite lay that out. Giving to the step kid is not an exempt transfer. Giving to the wife so she can give it to the same kid looks like a sham transfer, and on paper what it looks like is "step dad bought a gun and the Record of sale Database shows stepdad as the last lawful purchaser. Time passes. Someone not his child or spouse or parent or grandparent or grandchild is stopped for speeding and the gun is discovered. The Database is queried. Frivolity ensues.

Do you think a longer timeframe would lessen this concern. I AM NOT trying to circumvent the law. Just asking if the first gifting happens, then a year or two passed until the second. Along the lines of something being passed along to keep it in the family. That seems reasonable. Then again, who decides on a 'reasonable, not straw transfer' timeframe. And I agree 100% that the two step process within a week can lead to potential problems.

[GunLawyer001]

. . .
Do you think a longer timeframe would lessen this concern. I AM NOT trying to circumvent the law. Just asking if the first gifting happens, then a year or two passed until the second. Along the lines of something being passed along to keep it in the family. That seems reasonable. Then again, who decides on a 'reasonable, not straw transfer' timeframe. And I agree 100% that the two step process within a week can lead to potential problems.

The cop who pulls the kid over will only know 2 things: What the date is today, and that the guy he stopped is not the guy the dispatcher just mentioned.

If you end up facing a judge (probably to get the gun back), what evidence do you have of the 2 structured transfers? The burden is on you in a return of property hearing, to establish that you're entitled to possession, which probably includes a showing of lawful acquisition.

[gnbrotz]

The cop who pulls the kid over will only know 2 things: What the date is today, and that the guy he stopped is not the guy the dispatcher just mentioned.

If you end up facing a judge (probably to get the gun back), what evidence do you have of the 2 structured transfers? The burden is on you in a return of property hearing, to establish that you're entitled to possession, which probably includes a showing of lawful acquisition.

The cop should also know it's legal to possess and carry a gun owned by someone else, so long as the possessor has a LTCF.

[ray h]

I have several handguns that were originally my stepfathers. When my stepfather died his estate went to my mother, she didn't want the guns so she gave them to me.
I don't think there would be any "straw purchase" because there is no "purchase". If there's no transfer form, how can there be a "straw purchase"?

[Gunsnwater]

Wouldn't half of those guns be hers anyway?

Who bought it? Did she?

[Gunsnwater]

I have several handguns that were originally my stepfathers. When my stepfather died his estate went to my mother, she didn't want the guns so she gave them to me.
I don't think there would be any "straw purchase" because there is no "purchase". If there's no transfer form, how can there be a "straw purchase"?

Your mother gave her property to you.