pa2a.org


Share Thread:  
Handgun Gifting Question: Unregistered Revolver
#1
I have a friend who asked me a gifting question that I do not know the answer. Help!

His uncle gave him a 1915 .22 revolver last winter. He placed the gun in a drawer and forgotten about it until recently. The gun was his great grandfathers from back in the 20s and he didn't register it back then. It has found its way since the 20s into the hands of my friend.

What are the laws for an unregistered handgun? Does he need to have it registered? I know it doesn't fit under the "gifting" rules since he got it from his uncle. But since it isn't registered in the first place, what happens now?

Thanks!
Regards,
Paradigm
Reply
#2
Paradigm;58734 Wrote:I have a friend who asked me a gifting question that I do not know the answer. Help!

His uncle gave him a 1915 .22 revolver last winter. He placed the gun in a drawer and forgotten about it until recently. The gun was his great grandfathers from back in the 20s and he didn't register it back then. It has found its way since the 20s into the hands of my friend.

What are the laws for an unregistered handgun? Does he need to have it registered? I know it doesn't fit under the "gifting" rules since he got it from his uncle. But since it isn't registered in the first place, what happens now?

Thanks!

What is this "registered" you speak of?

There is no registration in PA, you couldn't register it if you wanted to. If your friend really wants to establish some sort of paper trail he can call around and try to find an FFL that will allow him to transfer it to himself.
“Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves.”

William Pitt
Reply
#3
His uncle can transfer it to him through an ffl. I think that would be the best option. BTW there is no registration in Pa.
You have a right to protect yourself and a duty to protect your family.
Reply
#4
Well, yeah...there's no handgun "registration" in PA. But what are the real-world scenarios of getting stopped with the gun in his possession by a LEO who wanted to "run the numbers just to be safe"?

But if he just wants to keep it in his house for sporting or as a keepsake or whatever, then he can just keep it in his drawer and no big deal?

In other words, what's the downside of just keeping the handgun and living life?
Regards,
Paradigm
Reply
#5
Paradigm;58739 Wrote:Well, yeah...there's no handgun "registration" in PA. But what are the real-world scenarios of getting stopped with the gun in his possession by a LEO who wanted to "run the numbers just to be safe"?

But if he just wants to keep it in his house for sporting or as a keepsake or whatever, then he can just keep it in his drawer and no big deal?

In other words, what's the downside of just keeping the handgun and living life?

He has committed no crime by accepting the revolver. The uncle, on the other hand has committed a crime by doing an illegal transfer. If both parties have a LTCF it might possibly pass as lending/borrowing, but honestly that's not the case and I'm not suggesting trying to pass it off as such.

As far as registration itself is concerned, it's already been stated, here is the text of the law:

Quote:§ 6111.4. Registration of firearms.
Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term "firearm" shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

As far as being stopped and a cop "running the numbers" on the gun, as long as it doesn't show up as stolen or suspected of being used in a crime there should be nothing to worry about as long as it's being legally carried/transported at the time of the stop. There is the theory that if it doesn't show up in the PSP database the cop might want to give him a hard time or even confiscate it but I don't have any first hand knowledge of that happening, maybe someone else here does. It should be no different than having a gun that was acquired in a different state and brought into Pa., that wouldn't show up in the database either and is completely legal.

To answer the question, I see no downside of just keeping the gun and living life, he hasn't committed a crime and isn't in possession of contraband.
There are three types of people in the world:
Those who make things happen,
Those who watch things happen,
And those who wonder what happened.
Reply
#6
Paradigm;58734 Wrote:I have a friend who asked me a gifting question that I do not know the answer. Help!

His uncle gave him a 1915 .22 revolver last winter. He placed the gun in a drawer and forgotten about it until recently.

No, I believe the story was his uncle gave the gun to his mom (your friend's grandmother), who placed the gun in a drawer and forgot about it until recently. She then gave it to your friend as a Christmas gift.
...
Reply
#7
Paradigm;58739 Wrote:Well, yeah...there's no handgun "registration" in PA. But what are the real-world scenarios of getting stopped with the gun in his possession by a LEO who wanted to "run the numbers just to be safe"?

But if he just wants to keep it in his house for sporting or as a keepsake or whatever, then he can just keep it in his drawer and no big deal?

In other words, what's the downside of just keeping the handgun and living life?

I hope the cops bring a screwdriver with them, I have a couple revolvers that have the serial number under the grips.
Reply
#8
RandomTask;58818 Wrote:
Paradigm;58734 Wrote:I have a friend who asked me a gifting question that I do not know the answer. Help!

His uncle gave him a 1915 .22 revolver last winter. He placed the gun in a drawer and forgotten about it until recently.

No, I believe the story is his uncle gave the gun to his mom (your friend's grandmother), who placed the gun in a drawer and forgotten about it until recently. She then gave it to your friend as a Christmas gift.

I had to think about that scenario for a minute.
If the uncle was the son of the grandmother and not son-in-law that would be a legal transfer. The son-in-law of the grandmother scenario could work if the uncle's wife were involved in the chain of transfer. (Why does it have to be so convoluted).
A paperless transfer has to be straight up or down bloodline, as in parent to child, grandparent to grandchild or from spouse to spouse. Siblings do not qualify for that exemption.


Quote:§ 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.
There are three types of people in the world:
Those who make things happen,
Those who watch things happen,
And those who wonder what happened.
Reply
#9
Disclaimer: I do not promote illegal activity, real or imagined.

If there is no record of ownership in the first place, what difference does it make? His uncle never owned it in the first place, did he? There's no database to prove otherwise . . . . .

For that matter, the gun doesn't exist, does it?

I'm not a lawyer and I'm not offering any advice.
I don't suffer from insanity.
I enjoy every minute of it.
Reply
#10
Thanks, everyone! Don't ya just love how "simple" the rules are in this game? Big Grin


I'll pass on the info to my friend and let him decide if he wants to start a paper trail or not...
Regards,
Paradigm
Reply






Possibly Related Threads...
Thread Author Replies Views Last Post
  Kimber revolver? Mr_Gixxer 53 5,672 02-23-2016, 08:56 PM
Last Post: DeadEye
  New EDC. Hint: Not another 6" Stainless Revolver ByblosHex 16 1,545 06-16-2014, 07:45 PM
Last Post: gascolator
  Anyone try try RIA Model 200 revolver? Spacemanvic 14 2,428 05-19-2013, 03:57 PM
Last Post: jahwarrior72
biohazard S&W Model 637 Revolver with a history chaotic 4 985 04-28-2013, 06:44 PM
Last Post: conefree
  glock 35 magazine question andrewjs18 2 846 04-24-2013, 08:01 PM
Last Post: CPratt



Users browsing this thread: 1 Guest(s)

Software by MyBB, © 2002-2015 MyBB Group.
Template by Modogodo Design.