Handgun Transfer Help

[WVUmountaineers]

Hi All,

Question:
My father (PA resident) said that we need to pay a fee (with a licensed dealer) in order for him to give me (PA resident) his handgun. I checked the PA Crimes Code and according to section C this law does not apply to to tranfers between parent and child.

Am I interpreting this correctly or do we infact have to return to the dealer, pay the state and fill out paper work etc...?

Thanks! Your help is appreciated!

[ISC]

It may depend on your municipality. I think the laws in Philly are more strict than the rest of the state.

[rwilson452]

Your correct. Transfers, as a gift, in PA between grandparents, parents and child don't require the services of an FFL. If the transfer is done in PA.

Note, the parties must be residents of pa not just in the state.

Hi All,

Question:
My father (PA resident) said that we need to pay a fee (with a licensed dealer) in order for him to give me (PA resident) his handgun. I checked the PA Crimes Code and according to section C this law does not apply to to tranfers between parent and child.

Am I interpreting this correctly or do we infact have to return to the dealer, pay the state and fill out paper work etc...?

[knight0334]

As rwilson pointed out above; between spouses, parent/child, grandparent/grandchild no transfer paperwork is required so long as both relatives are residents of PA.

Any interstate transfer requires the handgun to be transferred at a FFL in the receiving party's state- that is federal law. The only exceptions is to a licensee(FFL), and bequests and intestate succession(named in a will, or inherited through proper family rights = someone needs to croak).

If the OP is a WV resident, and his dad a PA resident, the OP will need to ship(common carrier) or deliver(drive) the handgun to a PA FFL to transfer to his dad.

[knight0334]

It may depend on your municipality. I think the laws in Philly are more strict than the rest of the state.

Pennsylvania has preemption. Philly cannot make any law regulating carrying, possession, transfers, manufacturing, etc, of firearms or ammunition. Philly likes to think they can, but they may not.

[Pahoo]

Not familiar with PA law but we have a simular law and it reads the pretty much the same but intent is for a parent or legal guardian to purchase a firearm for his CHILD who is not old enough to make his own purchase. Are you a minor and if so, you should be okay. But what if you are not a child? ....



Be Safe !!!

[NavyLT]

It doesn't matter if the "child" is a minor or not. "Child" in this case refers to relationship, not age. Also, the exception in the law is simply for transfer of the handgun, so it would apply to private sales as well as to gifts:

6111. Sale or transfer of firearms

(c) Duty of other persons. Any person who
is not a licensed importer, manufacturer or dealer
and who desires to sell or transfer a firearm to
another unlicensed person shall do so only upon
the place of business of a licensed importer,
manufacturer, dealer or county sheriff's office,
the latter of whom shall follow the procedure set
forth in this section as if he were the seller of the
firearm. The provisions of this section shall not
apply to transfers between spouses or to transfers
between a parent and child or to transfers
between grandparent and grandchild.

[torotoro]

My understanding of NJ law is similar to post #6's understanding. The carve out as to children relates to minors. The relevant dept. of the local police dept. may know the answer. My guess is that your dad is correct.

[rwilson452]

Under PA law the child can receive it but the child can't have it in public alone until age 18. the child must have immediate parental supervision when in possession of a handgun.

[NavyLT]

Why is everyone so hung up on the age of the child? The law is plain and clear, it says transfers between parent and child are exempt from the FFL requirement. Period. You will notice that transfers between spouses are also exempt...so do you think the age of the spouse also matters?!? This one is plain and simple, the law says what the law says, and there is no wiggle room for interpretation. And the law says that a parent giving a child a firearm is exempt from the FFL requirement. So is a child giving a parent a handgun. So is a grandchild giving a grandparent a handgun. So are spouses giving handguns between each other.

If the law was going to be age specific it would say transfers between minor spouses, transfers from a parent to a minor child, and transfers between grandparents and a minor child were exempt. But it doesn't say that. Just because I reach the age of 21 does not stop me from being my mother and father's son and it does not stop them from being my parents. Good grief, this is easy. Section 6111 is talking about relationship not age. Section 6110.1 below addresses age.

Furnishing a firearm to a minor is in a completely separate section of the PA code and is unrelated to transferring a handgun through an FFL (and specifies that any adult may furnish a firearm to a minor, under certain conditions, not just the parent):

6110.1. Possession of firearm by minor
(a) Firearm. Except as provided in subsection
(b), a person under 18 years of age shall not
possess or transport a firearm anywhere in this
Commonwealth.
(b) Exception. Subsection (a) shall not apply
to a person under 18 years of age:
(1) who is under the supervision of a parent,
grandparent, legal guardian or an adult acting
with the expressed consent of the minor's custodial
parent or legal guardian and the minor is engaged
in lawful activity, including safety training,
lawful target shooting, engaging in an organized
competition involving the use of a firearm or the
firearm is unloaded and the minor is transporting
it for a lawful purpose; or
(2) who is lawfully hunting or trapping in accordance
with 34 Pa.C.S. (relating to game).
(c) Responsibility of adult. Any person who
knowingly and intentionally delivers or provides
to the minor a firearm in violation of subsection
(a) commits a felony of the third degree.
(d) Forfeiture. Any firearm in the possession
of a person under 18 years of age in violation of
this section shall be promptly seized by the arresting
law enforcement officer and upon conviction
or adjudication of delinquency shall be forfeited
or, if stolen, returned to the lawful owner.

[knight0334]

By Pahoo:

Not familiar with PA law but we have a simular law and it reads the pretty much the same but intent is for a parent or legal guardian to purchase a firearm for his CHILD who is not old enough to make his own purchase. Are you a minor and if so, you should be okay. But what if you are not a child? ....

The term "child" when referring to the Pennsylvania exempted transfers has no age definition. I am still my parents' child even though I'm 38yo and my mom and dad are 60 and 65 years old respectively. Between my parents and myself, we can buy/sell/trade/gift/barter guns between us without having to go to a FFL or sheriff to do a background check and recorded transfer.

[brickeyee]

But what if you are not a child? ....

You have parents, therefore you are someones "child."

[sixgunluv]

My brother is a Pa. resident.....i'm a WV resident. He gave me an Astra. What do I need to do to be legal? Do I have to go through an FFL?

[engineermike]

I always thought it was child/children or minor child/children?

[NavyLT]

My brother is a Pa. resident.....i'm a WV resident. He gave me an Astra. What do I need to do to be legal? Do I have to go through an FFL?

Your brother must ship or deliver the handgun to a West Virginia FFL who will transfer it to you using a form 4473 and NICS background check. Family relationship does not matter.

[ISC]

Even if there was a state law that said family doesn't need to do transfers, fedral law would pre empt it.

As a practical matter though, its unenforcable unless one of the parties involved makes a point of getting the ATF involved.