Donate/Gift/Sale of handgun to brother in Ohio

**Thomas Paine** · December 24th, 2013, 10:32 PM

I understand that you can sell a handgun to a family member within PA with no PICS check or transfer.

If my brother lives in Ohio, I understand that if I wanted to sell him a pistol, then I would have to go thru Federal Laws, and use an FFL within his state. (ohio)

But what happens if he comes to PA, then I 'sell' him the handgun, and then takes it back to Ohio?

Is that legit, or does it still have to go thru an FFL within his home state?

**knight0334** · December 24th, 2013, 10:36 PM

The gun has to go through a OH FFL.

The transfer is still between residents of two different states even if he comes to PA.

**Thomas Paine** · December 24th, 2013, 11:27 PM

ok thanks. That blows, since he'd have to pay the FFL so he could borrow it for six months, and then i'd have to pay a PA FFL to get it back. He just wants to check out a gun i shoot rarely to see if he likes it enough to buy his own.

Too bad the NSA lurks on here or i'd say that i sold it to him six months ago before he moved.

**jthrelf** · December 25th, 2013, 12:02 AM

Handgun sale to a sibling would still had to have gone through a FFL. Only transfers between your child, parent, grandparent, and spouse are exempt.

Although I believe if you both had your LTCF he could have borrowed it if still in state. I think your only options are to do the paperwork, or have a range day next time he visits.

**knight0334** · December 25th, 2013, 12:34 AM

Originally Posted by jthrelf

Handgun sale to a sibling would still had to have gone through a FFL. Only transfers between your child, parent, grandparent, and spouse are exempt.

Although I believe if you both had your LTCF he could have borrowed it if still in state. I think your only options are to do the paperwork, or have a range day next time he visits.

Since the sibling is now a resident of another state the only lawful allowance for loans is for sporting purposes only. And the only activity that the fedz legally view as "sporting activity" is hunting. ....there might be some leanings by the fedz for sanctioned shooting events - but I wouldn't hold my breath on that.

**Emptymag** · December 25th, 2013, 12:44 AM

Yeah, it wouldn't matter if he lived in PA, CA, or MA... the "family thing" does not include siblings.

**BimmerJon** · December 25th, 2013, 01:37 AM

Originally Posted by Emptymag

Yeah, it wouldn't matter if he lived in PA, CA, or MA... the "family thing" does not include siblings.

Unless you marry them........ Dot dot dot .... Some more dots

Lol

**WCMG** · December 25th, 2013, 09:11 AM

Originally Posted by knight0334

The gun has to go through a OH FFL. The transfer is still between residents of two different states even if he comes to PA.

This is correct.

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30][/I]