May a non-resident transport an AR 15 to a Pennsylvania range?

[sean]

I'm a New Jersey resident. All but the most emasculated AR-15 type rifles are banned here. I, however, own a house in Pennsylvania with my brother (he resides there). My question is, if I have my brother purchase an AR-15 and keep it at his residence in Pennsylvania, may I transport it to a Pennsylvania range without having him with me? I have a NJ FID card. I know PA residents may transport rifles to the range in Pennsylvania. I've also seen the statute saying that non-residents must comply with PA gun laws. But, it is not clear to me whether I, as a non-resident, could legally transport an AR 15 from a PA home to a PA gun range given the rifle is legal in PA, it would not be legal for me to purchase as an NJ resident.

Thanks in advance for replies.

[Steve in PA]

Yes, just make sure it is unloaded, as defined in the UFA.

[Andrew17019]

As long as your brother is not buying it "for" you, which would constitute a straw man purchase....right?

[Coops]

I think you are close to what is called a straw purchase. Is your brother buying a gun for you or you are going to "borrow" his gun?
If it is your gun then I think you might have a problem with being a NJ resident owning an Assault rifle even if you keep it in another state because there is no legal way for you to buy that gun.

With the usual disclaimer for not being a lawyer, I believe that long rifles can be transported without an LTCF and without the owner being present even if you are not a citizen of PA. But wait for more responses.

BTW: The NJFID is useless in PA except for maybe to show you are not a prohibited person.

[gnbrotz]

Yes, just make sure it is unloaded, as defined in the UFA.

(I think) I disagree. His brother cannot "lend" the firearm to him unless he is licensed. It's not the "transporting" per se that's a problem, but acquiring possession of the rifle to begin with.

It is my personal opinion that a NJ FOID card would not be recognized as a "license" per PA's requirement, as it is does not convey the same privileges as a typical "license to carry". Someone please correct me if I'm mistaken.

[MostlyHarmless]

IANAL. I think as a NJ resident you may first want to get a PA, FL or UT non-resident license/permit to carry. That would make it legal for you to borrow rifles, shotguns and handguns that your brother "owns".


Jan

[Andrew17019]

Have you considered just moving down to the land of milk, honey, and Hershey's chocolate?

[tonyfac]

if your name is on the deed of the house that you own and it is in pa, you can get a residency id card, then you can buy all the ar's you want in pa. it is a photo id and you used to be able to get them through the LCB, but i am not sure of that part anymore. it is the same as if you live here, but never drove, therfore you do not have a drivers license for id, so you get a residency card.

[Pa. Patriot]

(I think) I disagree. His brother cannot "lend" the firearm to him unless he is licensed. ...

IANAL. I think as a NJ resident you may first want to get a PA, FL or UT non-resident license/permit to carry. That would make it legal for you to borrow rifles, shotguns and handguns that your brother "owns".

The prohibition on lending "firearms" (18Pa.C.S.6115) does not contain a definition of "firearm". So only the subchapter definition of "firearm" is prohibited, IE: Handguns, SBS, SBR. (18Pa.C.S.6102)

No license needed to "borrow" a long gun in Pa.

Transferring ownership of a rifle between non-residents is generally prohibited, without the involvement of a FFL in one of the participants state. But I am unsure if borrowing (without the owner present) would constitute a "transfer" per federal law. I doubt it, but I am unsure and can't look it up right this second.

[ungawa]

(I think) I disagree. His brother cannot "lend" the firearm to him unless he is licensed. It's not the "transporting" per se that's a problem, but acquiring possession of the rifle to begin with.

It is my personal opinion that a NJ FOID card would not be recognized as a "license" per PA's requirement, as it is does not convey the same privileges as a typical "license to carry". Someone please correct me if I'm mistaken.

I can loan a rifle to anybody in PA, right? Isn't the LTCF loan exemption with regard to "firearms," such as handguns?

Federally, it could be a transfer to an out of state citizen unless it is a loan for a sporting purpose. Something I'm not very familiar with.

Somebody please help clarify for me as well.