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July 21st, 2011, 09:55 AM #1Senior Member
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Out of state, FTF FFL transfer...
My uncle in Utah wants to give me several rifles, and want's to buy me a plane ticket to fly out there, and FTF transfer the rifles at his FFL to me. I then hope to fly back with the rifles, or ship them to myself at my PA home address because now, they are legally mine mine by virtue of the transfer, right?
I have read the laws as best I can make them out, but I ask if what I state above is correct and lawful. Thanks.
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July 21st, 2011, 10:24 AM #2
Re: Out of state, FTF FFL transfer...
Yes - FTF transfer of longarms through any FFL is legal. The FFL must assure compliance with the laws of the FFL's state as well as the laws of the 'buyer's' state of residence (18 USC 922(b)(3)(A)). With the FFL transfer you are also exempt from the Federal law that would otherwise prohibit your importation of the out-of-state acquired longarms into Pa (18 USC 922(a)(3)(B)).
The FFL can be of ANY STATE.Last edited by tl_3237; July 21st, 2011 at 10:26 AM.
IANAL
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July 21st, 2011, 10:27 AM #3Banned
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Upper Pottsgrove,
Pennsylvania
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Re: Out of state, FTF FFL transfer...
I don't know that you need an ffl for long guns...
This is a tough one..
Certaintly doing this legally would be hard..
I do not understand this rule.. if you're uncle gave you the rifles in Utah and they don't need to be registered how would the feds or anyone know that they weren't always yours?
the law makes no sense at all.
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July 21st, 2011, 10:33 AM #4
Re: Out of state, FTF FFL transfer...
The violation is upon the 'buyer' on his return to Pa.
18 USC § 922. Unlawful acts
(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;IANAL
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July 21st, 2011, 10:37 AM #5
Re: Out of state, FTF FFL transfer...
If you are going to ship them to PA anyway, save the plane ticket. Just have you Uncle ship them to a PA FFL who can do the transfer to you locally.
If this is a "bulk" transfer:
- 1) Negotiate a bulk rate with the PA FFL
- 2) The FFL may have to submit a multiple purchase record form to the ATFKeep perspective, recognize the good in your enemies and the bad in your friends.
"--you can't conquer a free man; the most you can do is kill him." - Robert A. Heinlein, Revolt in 2100
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July 21st, 2011, 10:57 AM #6Banned
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Upper Pottsgrove,
Pennsylvania
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July 21st, 2011, 11:10 AM #7
Re: Out of state, FTF FFL transfer...
Since the uncle is very much alive its not a bequest.
Bequests are a decedent's directions for estate distribution pursuant to a will.
Firearms received pursuant to an estate distribution are exempt from FFL involvement insofar as FEDERAL laws are concerned (18 USC 922(a)(3)(A) & (5)(A)) - state laws vary. In Pa there is no need for FFL involvement under state statute (18 PA CSA 6115).Last edited by tl_3237; July 21st, 2011 at 11:13 AM.
IANAL
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July 21st, 2011, 11:13 AM #8Senior Member
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Re: Out of state, FTF FFL transfer...
Thanks. Believe me, if I could have him ship them via an FFL-to-FFL, I would. He is pretty sick, can't do it himself, and told me that he is unable to find someone he trusts to pack them up to ship. Aside from a couple modern pistols he wants to give me that I already knew would have to go FFL-to-FFL, the rest of the handguns and long arms he is giving me are C&R, and will be shipped to my house via my 03 FFL... Wish the USPS would allow me to ship handguns, but as I read the USPS regs, my 03 FFL is not eligible for handgun shipments by virtue of being a "non dealer" (seems only 01/dealer FFL types, and certain other situations are allowed to ship handguns via USPS). I have however read of other folks who interpret this differently, and do ship handguns via USPS via an 03 FFL.
Hmm, maybe I'll have the two rifles fly back with me... Then again, just the thought of it considering the current TSA climate sounds like a complete cluster****. Have not flown with firearms since my army PCS way prior to 911, and wonder just how tedious it is from folks who have done so?
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July 21st, 2011, 11:16 AM #9Senior Member
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July 21st, 2011, 11:39 AM #10
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