Private handgun serious question

**Cuba** · July 2nd, 2012, 02:20 PM

The land of the free ? or only free to comply ?

Like lambs to slaughter.

**Twoboxer** · July 2nd, 2012, 05:29 PM

I guess I'm taking this further away from the OP's issue . . . but after reading all of this I wonder what would motivate a PA FFL to actually perform this transfer . . . or any other transfer from a private citizen (through them as FFL) to another private citizen?

They don't know anything about the history of the gun, and cannot verify the private citizen actually owns it . . . only that (s)he possesses it.

I can only conclude that the source of the gun is "irrelevant" under the law, otherwise "no" FFL would do it for $50, or any price.

**WVneighbor** · July 2nd, 2012, 06:12 PM

Originally Posted by vjb.knife

Long guns are different from state to state, but there is no state where you can legally sell a handgun without a proper transfer through an FFL holder, it is a federal requirement. Background checks for the purchaser apply per the state requirements. The only thing that this does not apply to is antique firearms made before something like 1890 (not sure on the date).

In WV there is no requirement to transfer any non-NFA firearm through an FFL. I can, and have bought both long guns and hand guns with just cash and a handshake.

**bac0nfat** · July 2nd, 2012, 09:16 PM

Originally Posted by WVneighbor

In WV there is no requirement to transfer any non-NFA firearm through an FFL. I can, and have bought both long guns and hand guns with just cash and a handshake.

As it should be.

**vjb.knife** · July 2nd, 2012, 10:53 PM

Originally Posted by knight0334

Not true. Federal law doesn't regulate private intrastate transfers.

About 33-34 states or so allow private transfers of handguns without any sort of 3rd party involvement(FFL or LEO), or any permits to purchase, registration, etc.

Federal governs all commercial and interstate transfers. Some state have additional burdens on top of federal.

I stand corected.

**GunLawyer001** · July 2nd, 2012, 11:28 PM

Originally Posted by knight0334

Not true. Federal law doesn't regulate private intrastate transfers.

About 33-34 states or so allow private transfers of handguns without any sort of 3rd party involvement(FFL or LEO), or any permits to purchase, registration, etc.

Federal governs all commercial and interstate transfers. Some state have additional burdens on top of federal.

All true, but just for clarity I'll point out that state and federal laws regarding prohibited persons still apply to all private transfers. There's just no safety check to prevent you from selling to a prohibited person, nor to prevent an unwitting prohibited person from acquiring a gun.

Plenty of people first become aware that gun ownership is a state and/or federal crime for them, when they attempt a purchase at an FFL. That's sort of a safety valve for the citizen, the same way that being physically prevented from starting your car if it's in gear prevents some accidents.

States that allow all private transfers probably have more people in criminal possession of guns than other states, and a lot of those people honestly don't know they're committing criminal acts. Even in PA there are people with long guns that they bought privately who could go to prison for them, and they just go merrily along buying hunting licenses and posting pics of Exhibit A on web sites.

Just because you can buy a gun doesn't mean that it's legal for you to have a gun.

**Yachera** · July 3rd, 2012, 02:31 AM

I have good news everyone! While discussing the issue further with my friend she explained to me that the pistol was in fact a gift to her husband by his ex wife while they were married plus it happened in Arizona so everything is peachy. Thanks for all the input and advice, cheers