Need your guys opinion

Discussion in 'General Firearms Discussion' started by Visper, Oct 5, 2014.

  1. Visper

    Visper AK = Automatic Killer!?! Supporting Member

    Ok here is the story, Today I had a Glock 26 offered to me via my mother-in-law. She is not a gun person but respects people that wish to own. Good news right? Well its more of the situation that makes me a bit leery.

    After talking with her (because I wanted to know how she got the firearm) I found out she received it from her son (aka by brother-in-law). He was forced to give it up as his wife is TOTALLY against firearms of any kind. So it was either give it up or not get married. So instead of sell it he gave it to his Mom. Now this is totally legal in PA, these such transfer are legal for:

    grandparents <-> grandchildren;
    parents <-> children;
    spouse <-> spouse.

    Provided all participants are non-prohibited Pa residents and the transfer occurs in Pa then paperless handgun transfers are allowed.

    So my mother-in-law has had this sitting in her linen closet for 4 years now, and just wants it out and knows I have a fetish for new guns. So I figure just a trip to my FFL with said handgun and a PICS done and take possession of the firearm.

    Now if you read the letter of the law, technically my mother-in-law could hand it over to my wife, who then hands it over to me. Totally legal. But do you guys think it would be better to just go through the process and get it officially done through and FFL.

    Now for this to happen, how would that get to the FFL for him to do the paperwork to hand it to me? She is not going to drive it out so how do I get it there... my FFL is located about 60 miles from my house (where I work) as I've been dealing with him for years.

    I'm going to give him a call tomorrow to find out but just wanted everyone's take on this matter. Am I just over thinking this and should I just take possession or are my concerns justified?
     
  2. cicpup

    cicpup Resident PITA Supporting Member

    15,834
    5,595
    Vermont
    Yea. Take the gun and make up the story. Looks legal and no paper trail.
     

  3. SWAGA

    SWAGA No longer broke... Lifetime Supporter

    Dude, I live in Florida, they can simply gift you the gun.
    I have no idea...........
     
  4. Branth

    Branth Member

    6,275
    4
    Are you in a different state?
     
  5. Um...I've never done paperwork on a private sale or gifting a gun...I don't see your delima. :confused:
     
  6. Visper

    Visper AK = Automatic Killer!?! Supporting Member

    Yea... Gifting doesn't work...

    Provided all participants are non-prohibited Pa residents and the transfer occurs in Pa then paperless handgun transfers are allowed for:

    grandparents <-> grandchildren;
    parents <-> children;
    spouse <-> spouse.

    All other Pa handgun transfers including sibling <-> sibling and those involving in-laws requires a formal transfer, usually through an FFL, same as a stranger <-> stranger.

    Transfers of handguns in Pennsylvania are required to go through the Pennsylvania Instant Check System (PICS) and as such the Pennsylvania State Police keep a "Sales Database" of all handguns purchased within the Commonwealth.
     
  7. ajole

    ajole Supporting Member

    34,611
    10,924
    NE Utah
    As long as you are allowed to own guns in your state, with no law requiring registration or paperwork to own it...just take it home as your wife's gun. That's allowed, right?

    If that's not good enough, and you need to somehow play legal games, just store it in a safe place for the woman that owns it. Every now and then, use it, clean it, keep it in working order.
     
    Last edited: Oct 5, 2014
  8. Visper

    Visper AK = Automatic Killer!?! Supporting Member

    Nope we're both in Pennsylvania about 5 miles from each other.
     
  9. Visper

    Visper AK = Automatic Killer!?! Supporting Member


    In PA private sales of long rifles can be done without paperwork, that does not apply to handguns in this state though.
     
  10. Then just do an FFL if it makes you feel better. Glad I don't live in PA.
     
  11. Visper

    Visper AK = Automatic Killer!?! Supporting Member

    Totally allowed. And would probably be the easiest way.

    As most of you know I'm in Philadelphia, which is worse than Pennsylvania for obvious reasons. Just looking for the best route. I just hate "hassles" and having to get everyone to corroborate the story is a hassle...

    The situation will most likely never arise though an I'm just being a worry wart...
     
  12. ajole

    ajole Supporting Member

    34,611
    10,924
    NE Utah
    Yes, you are.:p

    Just follow the rules, tell the MIL that she must legally give the gun to her daughter, give her a paper to that effect to sign, explain it's just legal stuff to keep her daughter out of jail and keep the gov't happy.

    Then do what you need to do at home. Personally, I'd just leave it in the wife's name, less questions than the obvious three way transfer loop hole hopping...:D
     
  13. Visper

    Visper AK = Automatic Killer!?! Supporting Member

    Think this is the way I'm going to go. You know, as they say, your first answer is usually the right one. That's the way I was leaning originally but out thought myself...

    Thanks everyone for your input, I guess I'll be posting pics tomorrow of my wife's new Glock 26 :D
     
  14. bluharley

    bluharley Member

    Have your wife pick it up, bring it home and say "Happy Birthday", all done, all legal.
     
  15. Moestooge

    Moestooge Member

    673
    47
    Avoid the paperwork, especially since your mother-in-law can hand off the pistol to your wife.
     
  16. Bull

    Bull Just a Man Supporting Member

    I agree, no paperwork and legal?..... That's the route for sure!
     
  17. Branth

    Branth Member

    6,275
    4
    I hate to be that guy, but wouldn't that be considered a straw purchase?

    I'd just pay the $20 or $30 or whatever for the peace of mind. It's a free Glock, man - Don't go penny-pinching on the legal stuff.
     
  18. Bull

    Bull Just a Man Supporting Member


    No.... You're not buying it to give to someone else..... States pretty clearly how the gifting works.... If everyone signs a paper to that effect, I'd have a hard time seeing how they'd bust you on it.
     
  19. really?
    I am allowed to buy a gun for my wife, My wife is allowed to buy a gun for me.

    My wife is allowed to buy a gun using MY MONEY. because we have a JOINT account.

    Therefore. My wife can buy a gun with my money and GIVE IT TO ME.

    Otherwise, everyone and there father is a freaking straw purchaser, in hunting season.
     
  20. Also, there is no registration in PA. so while they may say you need a PICS to transfer. there is no proof of anyone having owned it...

    Im just saying.

    Hey, My father in law gave my wife his old CF.380 years ago. My wife is bored says "here its your gun now, i don't want to clean it"

    Totally legal within all respects.