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Thread: Sheriff transfers

  1. #1
    Regular Member derhammer's Avatar
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    Sheriff transfers

    Alright, so, under PA law, an 18-year-old can purchase a handgun from a private seller if he/she can find a sheriff who'll do the transfer. Now, the two problems I've seen seem to be this:

    1. The sheriff is an idiot and doesn't know the law of the state he's in, and thinks only 21-year-olds can own handguns, or

    2. The sheriff doesn't believe 18-year-olds should be allowed handguns and thus denies the transfer based on his personal convictions instead of what the law actually says.

    Now, there's no hope if it's number two, but for number one, I'm thinking I could just print out the law that refers to the fact that an 18-year-old can, in fact, own a handgun, and show it to the sheriff if he mistakenly thinks they can't.

    My question is, is it REALLY that difficult in PA to find a sheriff who'll do the transfer, or at least, who would do it if you showed him proof it was legal?

    -derhammer

  2. #2
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    you'll need to do a little more research, but I also believe it is legal for a parent to give am 18 y.o. child a handgun, so if finding a sheriff that will do the transfer is a problem, I believe that it would be legal to have a parent gift you a handgun (I don't know your situation, but just thought it wouldn't hurt to share this option).

    To answer your original question, it depends on where you live. Several sheriffs in my neck of the woods are very pro 2A, and would likely have no problem with doing the transfer.

  3. #3
    Regular Member derhammer's Avatar
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    Of course, my mother could and would gift me a handgun in a hearbeat. My problem is that I do not trust this government or judicial system. What is the exact definition of a "straw purchase?" I don't think there is a concrete one. If I say "hey ma, this is the handgun I'd like," and she buys it for me, is that a straw purchase (assuming I don't give her the money)? Could some corrupt judge say "she knew it was hard for an 18 year old to find a sheriff to do a transfer, so she bought it for you so you wouldn't have that trouble?"

    I don't know. It seems like it should be legal as long as I'm not giving her the money to buy it with, and in every other situation on Earth, everyone tells people what it is that they'd like as a gift (obviously, a person would have to know you waned a handgun, and what handgun you wanted!), but I have little confidence in the "justice" of our justice system.

    -derhammer

  4. #4
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    Quote Originally Posted by derhammer View Post
    Of course, my mother could and would gift me a handgun in a hearbeat. My problem is that I do not trust this government or judicial system. What is the exact definition of a "straw purchase?" I don't think there is a concrete one. If I say "hey ma, this is the handgun I'd like," and she buys it for me, is that a straw purchase (assuming I don't give her the money)? Could some corrupt judge say "she knew it was hard for an 18 year old to find a sheriff to do a transfer, so she bought it for you so you wouldn't have that trouble?"

    I don't know. It seems like it should be legal as long as I'm not giving her the money to buy it with, and in every other situation on Earth, everyone tells people what it is that they'd like as a gift (obviously, a person would have to know you waned a handgun, and what handgun you wanted!), but I have little confidence in the "justice" of our justice system.

    -derhammer
    The comments/instructions on the form 4473 used to make a purchase from an FFL specifically states that a person make the purchase as a legitimate gift for another is to mark the form as "Yes" on the question asking if they are the actual buyer.

    Here is the copy and paste from the most recent version of the form 4473 that I found using a google search and the link...

    [url]http://www.atf.gov/forms/download/atf-f-4473-1.pdf[url]

    "Question lI.a. Actual Transferee/Buyer: For purposes of this fonn. you arc
    the actual transferee/buyer if you arc purchasing the fireann for yourself or
    otherwise acquiring the firearm for yourself (e.g., redeeming the firearm /rom
    pawn/retrieving itFom consignment. firearm raffle winner). Yo~ arc als~ the
    aetnal transferee/buyer if you arc legitimately purchasing the fireanll as a gift
    for a third pany. ACTUAL TRANSFEREE/BUYER EXAMPLES: Mr.
    Smith asks Mr. Jones to purchase a firearm for Mr. Smifh. Mr. Smifh gives Mr.
    Jones the money for the tirearm. Mr. Jones is NOT THE ACTUAL TRANSFEREE/
    BUYER of the fireanll and mnst answer "NO" to question I La. The
    lkensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown
    goes to buy a firearm with his own money to give to Mr. Black as a present,
    Ivlr. Brown is the actual transferee/buyer of the firearm and should answer
    "YES" to question ll.a. However, you may not transfer a firearm to any
    person you know or have reasonable cause to believe is prohibited under 18
    U.S.c. 922(g), (n), or (x). Please uote: EXCEPTION: If you are picking
    up a repaired firearm(s) for another person. you are not required to answer
    II .a. and may proceed to question I I. b."

    (x) in 18 U.S.C. section 922(x) specifies that a juvenile is someone UNDER 18 years of age.
    Last edited by JoeSparky; 05-21-2012 at 12:34 AM. Reason: adding link and quote and additional thought/comment
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