Virginian gifting a gun to brother in Pennsylvnaia

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Mike Irwin

Staff
Anyone know what Pennsylvania's law is on an out-of-stater giving a Pennsylvania resident (brother) a handgun as a present?

Can I just give it to him?

Can someone point me to any applicable state law?

I've not lived in Pennsyltucky for a long time, and the laws have changed a lot.
 
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NavyLT

Moderator
It doesn't matter what the state laws are. It is against Federal Law. A handgun MUST go through an FFL in the receiving person's state of residence.
 
N

NavyLT

Moderator
18 USC (United States Code) 922:

§ 922. Unlawful acts
(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
 
N

NavyLT

Moderator
Apology

Ooops, I might have posted a reply initially that was a bit too strongly worded. Sorry about that. Actually, the answer is, yes you can give your brother a gift of a handgun. The legal means to do so is to take the handgun to an FFL, your brother fills out the paperwork for the FFL just like he bought the gun from the FFL. The FFL does the background checks, etc. As soon as everything is in order, just like your brother bought the gun from the FFL, then he can take possession of your gift (after you pay the FFL his fee for the paperwork :D)

Sorry if I jumped a bit too harshly at the beginning.
 
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