Gifting a handgun

[Cericko]

I'm a new member that has run into an issue and need some help. My son, who is active duty U.S. Army is stationed in Columbia, SC. He has changed his residency to South Carolina. As a graduation gift from the university there, he had asked that we buy him a Ruger LCP. Our local gun shop had one so I immediately bought it and had them holding it until he got into town for Christmas never realizing that even as an out-of-state person, a member of the military couldn't register here in PA.

So my question is... Can I buy it (if they will allow it to be registered in my name at this point) and gift it to him?

He called S.C. gun shops and they have 25 gun waiting lists for the LCP and most shops. And I hate to have to pay the fees to transfer it if I can legally gift it.

Thanks.

[HiredGoon]

If he is currently not a PA resident, the gun has to be transferred to him thru a FFL gun dealer in his home state.

If he was a resident of PA, as his father you could just give him the gun, no paperwork needed.

[Pa. Patriot]

... a member of the military couldn't register here in PA.

So my question is... Can I buy it (if they will allow it to be registered in my name at this point) and gift it to him?

There is no registration in Pa.
Pa. law generally requires handguns be transferred through a FFL. Exceptions exist such as parent-child but interstate transfers are required by FED law to go through a FFL in the recipients state.

If he is currently not a PA resident, the gun has to be transferred to him thru a FFL gun dealer in his home state.

If he was a resident of PA, as his father you could just give him the gun, no paperwork needed.

Correct answer ^^^^

[ScaredOnce]

If he is currently not a PA resident, the gun has to be transferred to him thru a FFL gun dealer in his home state.

If he was a resident of PA, as his father you could just give him the gun, no paperwork needed.

Correct answer ^^^^

Thank you guys for adding some info on this subject. I'm giving handguns to my brothers for Christmas and the comments here add to the advice given in another thread:


http://forum.pafoa.org/pistols-41/12572-gun-transfers.html#post1015383






.

[Wiley-X]

I'm a new member that has run into an issue and need some help. My son, who is active duty U.S. Army is stationed in Columbia, SC. He has changed his residency to South Carolina.

Why didn't he just keep his Pennsylvania residency? Many, if not most, service members have two states of residency. Their original state and their duty state. As I understand it, if he stays a Pa. resident, SC can't tax him.

[mak47]

If he wants to be able to carry it in SC, he has to be a resident. At least that's my understanding. If he's a resident of SC, it'll have to be transferred at an FFL in SC.

Unfortunately that means you'll have to pick it up for yourself, ship it to an FFL in SC, and he can get it transferred there.

You may even be able to just bring the gun to SC when you visit and go to an FFL for a transfer. You'll want to contact that specific FFL first for the legalities of that. It's perfectly legal for you to transport an unloaded gun into the state, I just don't know if you have to be a resident there to transfer it.

You may also now run into a problem when attempting to buy the gun for yourself. If the shop knows it's for your son, they may (incorrectly) assume it is an illegal "straw purchase". In this case, it is not. Nothing that you are planning on doing is illegal in any way. You are going to follow the law to the letter and the person you intend to transfer it to is not prohibited. Explain your plans if they question you and you shouldn't have any problems.

Good luck

[Cericko]

Thanks everyone for your responses! I am contacting the local dealer today and paying them an additional $25 to ship the firearm to a SC FFL and they'll charge him $35 at that end. I understand that they ship FedEX 2-day so he might have it on the 26th!

Thanks again and everyone have a Merry Christmas!

[chez323]

On a different note regarding PA residency and active duty military. Your son might want to reconsider his change of residency. Being active duty military and a resident of PA, if you are stationed outside the state you do not pay state income tax on your income. I'm not sure how it is in SC, but in that's how it works in PA. Just food for thought. I maintained my residency thru all my active duty deployments.

Tim

[donm]

If he wants to be able to carry it in SC, he has to be a resident. At least that's my understanding.

SC does honor some other states' licenses, but not PA's. The only way for a PA resident to carry in SC is to get an SC non-resident license, which requires that you own property there.

[Pa. Patriot]

SC does honor some other states' licenses, but not PA's. The only way for a PA resident to carry in SC is to get an SC non-resident license, which requires that you own property there.

What kind of property? Real estate or slaves?

j/k Sorry, it is SC, couldn't resist...