Pennsylvania Firearm Owners Association
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March 24th, 2010, 03:13 PM
#1
family transfers
Ok I'm confused. I know that assuming everyone is a resident of PA. Would giving my son-in-law a pistol be treated the same as to my son?
USNRET '61-'81
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March 24th, 2010, 03:15 PM
#2
Re: family transfers
Originally Posted by
rwilson452
Ok I'm confused. I know that assuming everyone is a resident of PA. Would giving my son-in-law a pistol be treated the same as to my son?
Give it to your daughter... then she can give to husband. No Paperwork involved.
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March 24th, 2010, 03:15 PM
#3
Re: family transfers
No...but gifting it to your daughter would be.
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March 24th, 2010, 05:45 PM
#4
Re: family transfers
Originally Posted by
marinakorp
Give it to your daughter... then she can give to husband. No Paperwork involved.
My post from another thread with a similar scenario regarding pass through transfers:
Originally Posted by
tl_3237
With respect to the mother-daughter-husband transfer scenario one should give pause if the original intent is to effect a mother-in-law to son-in-law transfer using the daughter/wife as a comon link to supposedly qualify under the exclusions of 18 Pa CSA 6111(c).
Although such a three person chain may be in accordance with the letter of the law when evaluated at each transfer instance, the legal system may well look at the totality of circumstances and declare such a multiple transfer as a 'sham transfer' and deem it a MIL - SIL transfer (not qualifying for the PA exception).
The critical part of the transfer is what is the true intent in the MIL-daughter transfer. One would have to look at the benefactor's intent, what the daughter did after receipt, and the timeline.
For example: if all three are sitting around the kitchen table --
MIL "here daughter, take my handgun as a gift."
Daug "Thanks MOM!"
Daug "Here Hubby, take this handgun [which I just got] as a gift"
Husb "Thanks Babe!"
All this transpires with a minute or so. Perfectly legal or a 'sham' to effect a MIL-SIL transfer?
IANAL
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