dtransfer of firearms between family members

Dtransfer of firearms between family members registration#

Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa.C.S. The law prohibits a person from lending or giving a firearm to another or otherwise delivering a firearm contrary to the provisions of. The Pennsylvania law we referred (and the caller obviously missed or forgot) to can be found at 18 Pa.C.S. Now let’s myth-bust that person’s social media post. While correct federally, there is no state exception…That being said, I didn’t call them out on it and make them look like an idiot on air…see, I can be nice…after all, it is their legal malpractice that is on the line, not mine…caveat emptor” “Gotta love when US Law Shield gives incorrect legal advice on the air…they just said that in an estate context, in PA, a handgun could be transferred to a family member to whom it was willed without going through an FFL. Again, this doesn’t necessarily serve as ammunition for the “gun show loophole” folks, because it doesn’t seem to make much sense to meet Grandpa at the gun show to complete a transfer.įinally, we talked about laws in the specific context of an estate.Ī person who called into the show decided to comment about this conversation on social media. Transfers between folks in these relationships can take place without any record required or background check provided that the transferring person does not knowingly transfer the weapon to a prohibited person. This requirement does not apply to transfers between spouses, transfers between a parent and child or to transfers between grandparent and grandchild. So, yes, the person receiving the firearm will submit to a background check (so much for that “gun show loophole”, right?). In facilitating the transfer, the FFL or Sheriff will take the same precautions required of a dealer when selling to an individual. Essentially, these transfers must take place through your Federal Firearms Licensee (FFL) or through the Sheriff’s Office. Typically, sales or transfers of modern handguns between private individuals must take place in “the place of business of a licensed importer, manufacturer, dealer or county sheriff’s office. Next, we examined Pennsylvania law when it comes to the transfer of modern handguns. Whether they use transfer records as a registry is for a different discussion, as we discussed in our post. In fact, Pennsylvania law makes it illegal for the government to form a registry 18 Pa.C.S. The only “registration” that takes place at the federal level deals with items subject to the National Firearms Act (for example, fully automatic weapons, short-barreled rifles, and short-barreled shotguns).

Dtransfer of firearms between family members registration#

Recently, during one of our media appearances, a talk show host asked about inheritance of firearms, and the rules that may apply.įirst we talked about the common myth when it comes to “registration.” I have had prosecutors ask me if my client’s firearm was “registered.” The fact is, however, that there is no such thing as firearm registration in Pennsylvania. Regardless, inheriting a loved one’s firearm can serve as a special way of remembering them. Some may even include bonding over firearms. So you’ve suffered the loss of a loved one.