buying handgun out of state

[StonewallRabbitry]

I often travel to Virginia since I have family there and a cabin, down there everyone sells and trades guns straight out with no paperwork ar anything. If I would buy a pistol down there with no paperwork/backgound check would the gun be legal here?

[Philbert]

No, you must have it shipped to an FFL in your state of residence in order to comply with federal law.

Q: To whom may an unlicensed person transfer firearms under the GCA?
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]

http://www.atf.gov/firearms/faq/unli...ensed-transfer

The applicable law:

http://www.law.cornell.edu/uscode/ht...2----000-.html

Though technically it's the interstate transfer that is illegal, not the gun itself.

[tl_3237]

You must have the transfer performed by an FFL in any state (for longarms) or a PA FFL (for handguns).

It is a violation of Federal law for anyone to transfer a firearm to a resident not of their state except through FFLs (with few exceptions).

It is a Federal violation for you to bring a firearm into Pa that was obtained out-of-state without an FFL involvement (with few exceptions).

So bottom line - seller violates 18 USC 922(a)(5) upon giving you the firearm; YOU violate 18 USC 922(a)(3) upon bringing the firearm back into Pa.

BTW - None of the exceptions would apply to your situation.

[StonewallRabbitry]

OK, I got it. It would be illegal to buy one there, thats all I needed to know

[Xringshooter]

OK, I got it. It would be illegal to buy one there, thats all I needed to know

No, it's not illegal to buy one in another state, it is illegal to take possession of the gun while in the other state.

You can go to a gun shop and purchase a handgun, no problem. The gun shop then has to ship it to your PA FFL for you to do the transfer (paperwork and the background check). Just like buying from an internet gun store (Bud's, etc.) or from GunBroker.

[indianjack]

OK so you have family in Virginia. Since its legal to gift a handgun to say your son. And its legal to bring legally obtained handguns into PA. like when you move here from out of state and bring your collection with your other personal possessions. Would it then be legal for his dad to buy a gun in Virginia, gift it to him and then he bring it home to PA.?

[Philbert]

OK so you have family in Virginia. Since its legal to gift a handgun to say your son. And its legal to bring legally obtained handguns into PA. like when you move here from out of state and bring your collection with your other personal possessions. Would it then be legal for his dad to buy a gun in Virginia, gift it to him and then he bring it home to PA.?

I think not because the son is not resident in Virginia. The prohibition on interstate transfers is a federal thing, if it was up to the states then I think what you propose would be legal. But we have to comply with the GCA.

[knight0334]

OK so you have family in Virginia. Since its legal to gift a handgun to say your son. And its legal to bring legally obtained handguns into PA. like when you move here from out of state and bring your collection with your other personal possessions. Would it then be legal for his dad to buy a gun in Virginia, gift it to him and then he bring it home to PA.?

No. Federal law regulates interstate transfers. You must abide by it first. The only excepts for unrecorded transfers of handguns between parties of differing states are for bequests and intestate succession(wills and inheritances). All other transfers of handgun must go through a FFL in the receiving party's home state. Long guns must be transferred at a FFL in any state.


Antique firearms made before 1898, guns that do not use fixed cartridges, or guns that use fixed ammo but the ammo is no longer available by normal means of commerce are exempted also from the transfer requirements.

[PaBimmerGuy]

I often travel to Virginia since I have family there and a cabin,

if you have a residence there, you are considered a resident of that state for gun buying purposes while you are residing there. thats according to atf and has been that way for at least 30 years.

this gets asked often enough that it should be a sticky.

[y0rlik]

if you have a residence there, you are considered a resident of that state for gun buying purposes while you are residing there. thats according to atf and has been that way for at least 30 years.

this gets asked often enough that it should be a sticky.

I agree. This same question (or variations of it) has been asked at least three or four times in the last week alone. You can even put a link to the relevant citation to clear up any confusion.