Federal Law & Parent/Sibling Handgun Transfers


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ahandgunner2
April 9, 2011, 01:38 PM
A recent thread on giving an out of state sister a gun got me thinking. I know Federal law says transfers need FFL but can only be enforced across state line. I've heard that parents can transfer handguns to kids without paperwork (FFL). So is this only in states that require FFL for all transfers? Or is it nationwide? Does it go to siblings too or only parents?

I know TX allows person to person transfers of handguns - so certainly parents to kids are ok - what about PA or others that only allow person to person long guns and FFl for all handguns - does family trump that?

Thanks for your info in advance.

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brickeyee
April 9, 2011, 01:46 PM
Firearm transfers between residents of different states are restricted under federal law.

Any relationship between the parties besides their states of residence does not matter.

State laws can restrict transfers between residents of the same state, and some states do have special treatment for 'in family' transfers.

You will have to check the specific laws of each state to find out what (if any) special conditions may be required between family members, and how 'family members' is defined.

Steve in PA
April 10, 2011, 01:46 AM
In PA, there is no need to transfer a firearm (handgun) between spouses, parent to child or grandparent to child. Provided of course, that both live in PA and the person receiving the firearm is allowed to possess one.

If one of the persons lives out of state, the transfer must go through the FFL.

22-rimfire
April 10, 2011, 02:32 AM
Out of state transfers require an FFL even between family members even if hand carried for example when visiting home. The PA law is a bit of a pain but I suspect that is the likely future path of many states even though I adamantly dissagree with it.

NavyLCDR
April 10, 2011, 02:20 PM
This is Pennsylvania law:

(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.

Most state have no such laws. For example, in Washington state I can sell, transfer, give or loan any legal firearm to any other Washington state resident with no paperwork or dealer required. Most states are like Washington, in that regards.

22-rimfire
April 12, 2011, 09:57 AM
I believe that in most cases you will need to have the gun transfered to your non-PA resident sister in law through a FFL in your Sister-in-Law's state of residence. If it is a long gun, I believe the transfer could be taken care of within PA since your Sister-In-Law can purchase long guns in PA at a FFL dealer/gunshop. A handgun must be transferred through a FFL dealer in the "buyer" end of the deal to be in compliance with federal law and any state or local laws.

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