Pennsylvania Firearm Owners Association
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  1. #1
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    Default out of state family member gives PA resident a gun

    okay, so hypothetically, let's say my dad lives in Massachusetts and I live in PA. My dad has a few handguns he wants me to have. Let's add a rifle too, while we're at it.

    Do we have to go through a dealer to do the transfer, or does fed law cover this? my concern is that technically i don't think MA dealers would even be allowed to do the transfer to me, because I am not a MA resident. hypothetically.

    if there's a sticky i missed, my apologies. i did look.

  2. #2
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    Default Re: out of state family member gives PA resident a gun

    Quote Originally Posted by JayBell View Post
    Pertinent Federal Law:

    1. Interstate sales of ANY firearm (handgun or longarm) MUST involve a FFL on the buyers end. It is a felony under Federal law to sell to residents of another state FTF or by mail/shipping without involving a FFL on the buyers end.
    The above applies to "gifts" as well, not just sales. While a FFL must be "involved" for either transfer/sale, for handguns, it MUST take place in the recipient's home state, but with long guns, it can take place in either the state of origin, or the recipient's home state. If it takes place in the state of origin, the recipient must be present there to take possession. If it's shipped from the state of origin to the recipient's home state, it will have to go through an FFL in the recipient's home state.
    Last edited by gnbrotz; October 18th, 2010 at 08:27 PM.
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  3. #3
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    ✠ Ēǻζţ ŞŧЯǿŪđ§βũЯģ, Pennsylvania
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    Default Re: out of state family member gives PA resident a gun

    Quote Originally Posted by BlueGunGuy View Post
    okay, so hypothetically, let's say my dad lives in Massachusetts and I live in PA. My dad has a few handguns he wants me to have. Let's add a rifle too, while we're at it.

    Do we have to go through a dealer to do the transfer, or does fed law cover this? my concern is that technically i don't think MA dealers would even be allowed to do the transfer to me, because I am not a MA resident. hypothetically.

    if there's a sticky i missed, my apologies. i did look.
    Gnbrotz (via Jay Bell): Pertinent Federal Law:

    1. Interstate sales of ANY firearm (handgun or longarm) MUST involve a FFL on the buyers end. It is a felony under Federal law to sell to residents of another state FTF or by mail/shipping without involving a FFL on the buyers end.
    In other words, he would have to ship them, or bring them, to an FFL here in Pa and transfer them to you.

  4. #4
    Join Date
    Nov 2007
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    Pittsburgh, Pennsylvania
    (Westmoreland County)
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    Default Re: out of state family member gives PA resident a gun

    Please Note: The poster was issued a warning for this post.

    How would you get caught since there is no registration though? Who's to say the gun wasn't always his?

  5. #5
    Join Date
    Nov 2007
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    Midland, Pennsylvania
    (Beaver County)
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    Default Re: out of state family member gives PA resident a gun

    Quote Originally Posted by gnbrotz View Post
    The above applies to "gifts" as well, not just sales.
    I thought long arms could go through a FFL in either state.



  6. #6
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    Default Re: out of state family member gives PA resident a gun

    Quote Originally Posted by bdevil73 View Post
    I thought long arms could go through a FFL in either state.
    You are correct. I'll modify my post.
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  7. #7
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    Default Re: out of state family member gives PA resident a gun

    Just felt like nitpicking

    IIRC, A longarm can be transferred using an FFL of ANY state, even one not in the state of either principal. [18 USC 922(b)(3)(A)]
    IANAL

  8. #8
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    May 2007
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    E-Town, Pennsylvania
    (Lancaster County)
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    Default Re: out of state family member gives PA resident a gun

    My brother in law lives in Texas and would like to leave a gun(pistol) here with dad in law for use when he comes home to visit. Is this ok?

  9. #9
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    Default Re: out of state family member gives PA resident a gun

    Quote Originally Posted by LBaker View Post
    My brother in law lives in Texas and would like to leave a gun(pistol) here with dad in law for use when he comes home to visit. Is this ok?
    He would have to bring the gun with him when he visits and transfer it to your dad through an FFL where your dad lives.



  10. #10
    Join Date
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    Default Re: out of state family member gives PA resident a gun

    Quote Originally Posted by tl_3237 View Post
    Just felt like nitpicking
    As soon as I saw that you had posted, I immediately thought, "What did I miss?"

    Quote Originally Posted by tl_3237 View Post
    IIRC, A longarm can be transferred using an FFL of ANY state, even one not in the state of either principal. [18 USC 922(b)(3)(A)]
    I learned something today.
    Get your "Guns Save Lives" stickers today! PM for more info.

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