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February 5th, 2013, 05:48 PM #1Junior Member
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PA resident gifting guns to MD resident
Hi all, new to this forum and have a question. My wife's recently deceased PA resident father left behind a variety of firearms - long guns, hand guns, black powder long and hand guns. Her PA resident mother-in law inherited the lot. Does she need to go through an FFL to transfer any of the firearms to her name? Her mother-in law, in turn, has gifted the firearms to my MD resident wife. Which variety of firearms do or do not need to be transfered by FFL? It is my understanding that under both federal and state law, long guns and black powder long guns/handguns do not need to go through an FFL to transfer from PA to MD. However, the handguns (other than black powder) need to be transfered from PA to MD by an FFL. The estate Lawyer is telling us ALL the firearms need to go through the FFL.
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February 5th, 2013, 05:51 PM #2
Re: PA resident gifting guns to MD resident
FeedBack: https://forum.pafoa.org/showthread.p...ight=edstephan
An OathKeeper and OC Activist, 1 of the 3%, Ed Stephan
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February 5th, 2013, 06:33 PM #3
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February 5th, 2013, 11:22 PM #4Junior Member
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Re: PA resident gifting guns to MD resident
I truly thought I could legally get the long guns and take them myself from PA to MD as long as they were in the trunk. The PA home is JUST over the MD border, and the Lawyers has us using a MD dealer. Seems stupid. The MD dealer intends to get the guns from my PA home,. transport them to him store in MD, do the paperwork, then give me the guns after the required waiting period. But there is no waiting period for long guns... so confusing...
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February 6th, 2013, 11:58 AM #5
Re: PA resident gifting guns to MD resident
Just went through this when I gifted my father in law a rifle and pistol.
I live in Pa, he lives in MD. Both had to go through an FFL. He got to take the rifle as soon as he completed the paperwork, and then had to wait on the handgun.
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February 6th, 2013, 01:00 PM #6
Re: PA resident gifting guns to MD resident
You cannot take possession of the fixed cartridge firearms in Pa from a private party nor can you subsequently bring them from Pa into MD (ref 18 USC 922(a)(3) and (5)). Longarms could be transferred to you at a PA FFL and this would then allow you to take them directly home to MD with no further FFL action.
The current Pa owner (MIL) of the firearms CAN transport the firearms from her Pa residence directly to the MD FFL for final transfer.IANAL
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February 6th, 2013, 02:31 PM #7Junior Member
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Re: PA resident gifting guns to MD resident
ok... So follow-on questions. If my PA resident father-in-law bequested the firearms to my MD resident wife (who also happens to be the executor), does she need to start with a PA FFL to transfer the lot to a MD FFL and onward to her, or can we use a MD FFL (as the estate lawyer is directing) to transfer the firearms to my wife? The pain part is that my FIL lived right at the PA/MD border. So the home is in PA, but the closest gun dealers are all in MD right down the block. Sorry for being so ignorant about this but I want to ensure we are being directed properly by the lawayer and we legally transfer the weapons.
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February 6th, 2013, 07:08 PM #8
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February 6th, 2013, 07:15 PM #9Banned
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The land o' cotton, old times there are not forgotten
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Re: PA resident gifting guns to MD resident
A bequest or intestate inheritance of firearms DOES NOT require the involvement of an FFL at either end, that's true for Federal, Pennsylvania and Maryland law.
It's pretty simple and is laid out in black and white in the law. If your lawyer can't read that part . . . I don't know what to suggest. The dealer is just trying to get money out of the deal.
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February 6th, 2013, 09:26 PM #10Banned
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Re: PA resident gifting guns to MD resident
How does this work with the one gun a month bs in MD?
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