Pennsylvania Firearm Owners Association

Go Back   Pennsylvania Firearm Owners Association Discussion Forum > Discussion > General

Notices

General General firearm-related talk that does not fit into any of the other forums.

PAFOA Sponsors Businesses that provide financial and technical support to PAFOA. PAFOA Shopping Partners A percentage of all sales made through these partner links goes to PAFOA.
Arms Dealer Logo

Arms Dealer — Free Firearm Classifieds, Gun Shop & Shooting Range Reviews

Arms Dealer is your one-stop shop for free firearm classifieds, gun shop & shooting range reviews.

Join today to start buying, selling and reviewing!


Reply
 
Thread Tools Display Modes
  #1 (permalink)  
Old May 3rd, 2007, 07:56 PM
Member
 
Join Date: Apr 2007
Location:
Wapwallopen, Pennsylvania
(Luzerne County)
Age: 32
Posts: 77
Rep Power: 16
blueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to behold
Default Transfer from an out of state family member?

On a recent trip down south to see my family, I purchased a vehicle and drove it back to PA with my daughter. As a saftey precaution my mom gave me one of her 9mm guns to carry back with me since i have a PA LTCF. I've been back a few weeks now, but my mom said that I could keep the gun (she even sent me the carry case and holster etc). There is no bill of sale etc. Am I totally screwed? How do I go about registering it? She lives in TX. Apparently you don't have to register them in Texas, you could give a firearm to anyone you want. Or so thats what I understand at least. Anyway, if anyone could point me in the right direction I'd appreciate it.
Reply With Quote

Thanks for visiting our forum! If you ever plan to return you should consider quickly registering for a forum account, especially if you're in Pennsylvania. It's simple to do and best of all free. Once registered you'll be able to participate in our discussions and keep up to date on issues important to Pennsylvania firearm owners!

  #2 (permalink)  
Old May 3rd, 2007, 08:07 PM
JayBell's Avatar
Super Mod: In Memoriam
 
Join Date: Mar 2006
Location:
Private, Pennsylvania
(Montgomery County)
Posts: 4,952
Rep Power: 49726
JayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond repute
Send a message via AIM to JayBell Send a message via Yahoo to JayBell
Default Re: Transfer from an out of state family member?

check with her state to see if its ok there, but direct handgun/longarm gifts from Father/Mother to Son/Daughter residents PA are legal in PA, without going thru a FFL that is.

However, Federally, it's generally unlawful to do a fireams transfer..thats gift or purchase across state lines from residents of different states without involving a FFL.

Under Fed law, its a no no, and may be so under your mothers residence state law.
__________________
"Oderint Dum Metuant" - BMFH

"Tact is for people not witty enough to use sarcasm"

Note: any whingeing crazy that hits my PM inbox will be deleted without reply
Reply With Quote
  #3 (permalink)  
Old May 3rd, 2007, 08:23 PM
Member
 
Join Date: Apr 2007
Location:
Wapwallopen, Pennsylvania
(Luzerne County)
Age: 32
Posts: 77
Rep Power: 16
blueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to behold
Default Re: Transfer from an out of state family member?

Gotcha, thanks for the help.
Reply With Quote
  #4 (permalink)  
Old May 4th, 2007, 06:14 AM
Statkowski's Avatar
Grand Member
 
Join Date: Oct 2006
Location:
Cherry Tree, Pennsylvania
(Indiana County)
Age: 66
Posts: 3,936
Rep Power: 118324
Statkowski has a reputation beyond reputeStatkowski has a reputation beyond reputeStatkowski has a reputation beyond reputeStatkowski has a reputation beyond reputeStatkowski has a reputation beyond reputeStatkowski has a reputation beyond reputeStatkowski has a reputation beyond reputeStatkowski has a reputation beyond reputeStatkowski has a reputation beyond reputeStatkowski has a reputation beyond reputeStatkowski has a reputation beyond repute
Default Re: Transfer from an out of state family member?

Too late to effect any sort of transfer through an FFL since the firearm is no longer in Florida, but is now in Pennsylvania.

There is no firearms registration in Pennsylvania.

Gee, looks like you're stuck with it.
Reply With Quote
  #5 (permalink)  
Old May 4th, 2007, 07:38 AM
mauser's Avatar
Grand Member
 
Join Date: Feb 2007
Location:
Lebanon, Pennsylvania
(Lebanon County)
Age: 57
Posts: 2,867
Rep Power: 106906
mauser has a reputation beyond reputemauser has a reputation beyond reputemauser has a reputation beyond reputemauser has a reputation beyond reputemauser has a reputation beyond reputemauser has a reputation beyond reputemauser has a reputation beyond reputemauser has a reputation beyond reputemauser has a reputation beyond reputemauser has a reputation beyond reputemauser has a reputation beyond repute
Default Re: Transfer from an out of state family member?

First, let me say yhat I'm not a lawyer and I'd like to know what a lawyer has to say about this. I'm sure we will get a good legal opinion here in short order.
In my honest but not so professional opinion:
I think you're good to go, as long as there's no criminal history associated with the gun. There's no paper trail to prove or disprove when and where the transfer happened. The transfer was between immediate family members, as a gift. The gun didn't have to be registered in Texas and it doesn't have to be registered here. Your biggest concern was transporting it across state lines, and it seems as though you were successful in that respect.
How does it shoot?
Reply With Quote
  #6 (permalink)  
Old May 4th, 2007, 12:17 PM
Member
 
Join Date: Apr 2007
Location:
Wapwallopen, Pennsylvania
(Luzerne County)
Age: 32
Posts: 77
Rep Power: 16
blueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to beholdblueeyedbyrd is a splendid one to behold
Default Re: Transfer from an out of state family member?

Thanks for the input. It would be interesting to see what a lawyer had to say I suppose. I'm going to research it a little further, the last thing I need is to be in posession of a "federal no-no". I'll post whatever I find out. Havn't had the opportunity to shoot it yet Soon though.
Reply With Quote
  #7 (permalink)  
Old May 4th, 2007, 07:20 PM
JayBell's Avatar
Super Mod: In Memoriam
 
Join Date: Mar 2006
Location:
Private, Pennsylvania
(Montgomery County)
Posts: 4,952
Rep Power: 49726
JayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond reputeJayBell has a reputation beyond repute
Send a message via AIM to JayBell Send a message via Yahoo to JayBell
Default Re: Transfer from an out of state family member?

no lawyer needed here, this has been discussed many times, and the Federal Law is clear on this.

Florida law may allow the handgun transfer between family members, but probably does so for those residing in the same state.

the gun was a gift between family members that did not reside in the same state that can make all the difference under state law, and DOES make all the difference under Federal Law.

Note that Federal Law makes no distinction about family members also.

as per federal regs, answers form the ATF FAQ:

http://www.atf.treas.gov/firearms/faq/faq2.htm#b1

(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]



(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the personís own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]



(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaserís own State?


A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.


Either way, its a done deal, and nothing can be done about it now.
__________________
"Oderint Dum Metuant" - BMFH

"Tact is for people not witty enough to use sarcasm"

Note: any whingeing crazy that hits my PM inbox will be deleted without reply
Reply With Quote
Reply

Bookmarks


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are Off

Similar Threads
Thread Thread Starter Forum Replies Last Post
My Family irish40s&w General 7 November 3rd, 2013 01:22 PM
Gun transfer out of state question. djturnz General 16 May 16th, 2007 09:01 PM
New member of the family Little Joe General 7 April 23rd, 2007 10:44 PM
Out of state transfer of NFA Firearm Rags General 4 January 12th, 2007 02:36 PM
Question on in state transfer enviroman22 General 5 September 26th, 2006 11:09 PM


All times are GMT -5. The time now is 10:38 PM.


Powered by vBulletin® Version 3.7.3
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.2.0 ©2008, Crawlability, Inc.
Marketing Services provided by MergeMedia.
Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops