handgun transfer

The problem is that PA -- by law -- does not have a "registry." However -- the PA State Police DO maintain a database of firearms sales through FFLs. So if your parents purchase a handgun and give it to you, their purchase (Mom or Dad, only one will be the actual purchaser) will be entered into the PA State Police database.

There is NOTHING illegal about your parental unit then giving the handgun to you, and the transfer does not have to go through an FFL or be reported to the State Police.

The problem is, even though the sales database is not a complete registry and is KNOWN not to be a complete registry -- and the courts in PA have ruled that it is NOT a "registry" in violation of the state law specifically because of the fact that it is NOT a complete registry ... nonetheless, many PA police departments like to behave as if the database IS a complete registry. If they have any excuse to interact with you on an official basis, many of them WILL take your pistol and run the serial number, and if it doesn't sow up as your name they may confiscate the firearm. This is illegal, of course, but it happens regularly.

However, if the firearm is a gift from your father, the last name will be the same, the first name may even be the same, and you're living at home so the address will be the same. So there shouldn't be a problem.
 
The problem is, even though the sales database is not a complete registry and is KNOWN not to be a complete registry -- and the courts in PA have ruled that it is NOT a "registry" in violation of the state law specifically because of the fact that it is NOT a complete registry
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So...because it's not a complete registry, it's not a registry? The mind reels. Do you know the name of the case? PAFOA mentions a state supreme court ruling but doesn't give citation.
 
A quick Westlaw search using the information provided by Fishing_Cabin turned up: ALLEGHENY SPORTSMEN'S LEAGUE, Kim Stolfer, et al. v. Tom RIDGE, et al., cited as: Allegheny Sportsmen's League v. Ridge, 790 A.2d 350 (Pa. Commw. Ct. 2002) aff'd sub nom. Allegheny County Sportsmen's League v. Rendell, 580 Pa. 149, 860 A.2d 10 (2004).

I didn't read the case in depth, but my very cursury review shows that the PA Supreme Court looked at it this way: The statute in question prohibits the creation of a registry of firearm ownership. A firearms ownership registry would encompass all firearms, including both handguns and long guns, and would have to include every transfer. What the PA did was create a registry of sorts, but it's a registry of the sales of handguns. That's different, and not prohibited by the statute at issue.
 
That looks like it, all right. I can't find the text of the actual decision, but it looks like the petition was denied because the ACSL couldn't prove damages.

Would the issue perhaps be ripe for another lawsuit at this point? Corbett seems marginally better on 2nd Amendment issues than Ridge was.
 
There is nothing under federal law to prevent one non-prohibited person from purchasing a firearm as a gift for another non-prohibited. IOW, if Al (fictitious, but not a prohibited peson) goes down to Frank Fletcher's Famous FFL shop (fictitious, but I like the alliteration) and sees a pistol that he thinks would make a great gift for Bob (also fictitious, also non-prohibited). Alfred can buy it, mark himself as the actual purchaser, and go give it to Bob. I'm sure that Bob will be very happy. However, if Bob gave Al some money and asked Al to go pick up that nice gun from FF's FFFL shop, then Al would not be the "actual purchaser" within the meaning of the relevant laws, and cannot make the purchase. If he does so, he has: (a) engaged in a straw purchase; and (2) would have to lie on the 4473 where it asks if Al is the actual purchaser. These are big no-nos, as in felony-type no-nos.
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Out of curiosity, is it the same deal if Al gave the gun to Bob, and sometime later Bob gives Al money as a "thank you"?
 
Out of curiosity, is it the same deal if Al gave the gun to Bob, and sometime later Bob gives Al money as a "thank you"?
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Yes, it is. The money is the problem.

@ Gunnut17: Doesn't your dad own and keep firearms that you can use until you're old enough to buy one? This urge to get one that is "yours" is going to result in trouble somewhere along the line, I'm afraid. I know it's a drag being interested in this hobby when you're only 13, but so it goes.
 
My dad hasn't handled a weapon in over a year,I wouldn't be worried about getting a gun for when I'm older if he owned guns, but he doesn't, even though he often expresses interest in the purchase of a AR-15, though that is really the only gun he can think of.

I didn't mean to get off topic, I saw the title of the thread and thought I may see something helpful.
 
Then, explain to me how you had experience with dozens, even 100+, guns as you claim to have had? Just curious...
 
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No, I haven't owned any guns, I read magazines, books, articles, and watch plenty of TV, some would say I am obsessed, which is most likely correct.:)

In reality, I have only handled a few guns, to rattle them off:
-AR-15
-Colt 1911
-Unknown AK variant
-Uzi
-MAC-10
-HK P30L
-Ruger 10/22
-ATI GSG-522
-CZ-75
-CZ-75 Compact
 
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In reality
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The only thing that's real is reality, my young friend. Big difference between picking one up in a gun shop (I assume that's what is happening, am I right?) and actually spending time with them at the range, however.

We all read about guns because we like them and find them fascinating, but try to speak only about our personal experience with them here.
 
I do my best to speak only from experience, if I am going to speak based on a article/magazine/tv show, I will say something like "I read/heard/think...

In fact, most of my threads are there so I can learn from others' experiences.
 
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