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Handgun Gifting Question: Unregistered Revolver
#11
Federally, it was a bonafide gift:

http://www.atf.gov/publications/download...5300-4.pdf

Do a search for the word "gift."

Quote:Where a person purchases a firearm
with the intent of making a gift of the
firearm to another person, the person
making the purchase is indeed the true
purchaser. There is no straw purchaser
in these instances. In the above example, if Mr. Jones had bought a firearm
with his own money to give to Mr. Smith
as a birthday present, Mr. Jones could
lawfully have completed Form 4473.
The use of gift certificates would also
not fall within the category of straw purchases. The person redeeming the gift
certificate would be the actual purchaser
of the firearm and would be properly
reflected as such in the dealer's records.

However, since it's not a parent/grandparent/spouse, it is a violation of the PA UFA.
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#12
There's no registry. Shrug

When you bring a gun to shop to sell it to them, they don't check to see if it's registered to you. When you buy a gun from someone else, you don't check to see if it's registered to them. There's no registry, there's no checking. The only thing to check for is it being reported stolen.

There's a requirement of a PICS check being performed in order to transfer ownership of a firearm though. So, in the hypothetical situation in the OP either the uncle still owns the gun or the uncle is a criminal.

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#13
Holy zombie thread!
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#14
Lmao it showed up as new! Stupid smart phone.

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"As I lay rubber down the street I pray for traction I can keep, but if I spin and begin to slide, please dear God, protect my sweet ride."
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#15
Update? I'm my opinion the uncle was just delivering a gift to the recipient from the recipient's grandfather. Or only acting as a delivery service from the grandfather to the grandson.
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#16
was it mentioned if all persons involved were pa residents? that has a bearing on legality.

to be safe, i'm sure you could find a local ffl (gunbroker maintains a database of ffls and how much they charge sorted by zipcode iirc) that does transfers for cheap just to get it put on the "sales database" and preclude any possibility, should a leo ever come across it.

i moved here from ohio and find the sales database complete nonsense. ftf handgun sales are normal there.
Stirpot
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#17
(12-24-2012, 09:57 AM)mauser Wrote:
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:ยง 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.

Just pointing out only the receiving party needs the LTCF in regards to loans. Not the person loaning the firearm.

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