Pennsylvania Firearm Owners Association
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  1. #1
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    (Chester County)
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    Default pistol from brother in South Caroline?

    Hypothetical situation.

    If I had a brother who lived in South Carolina, and he had a pistol (literally just 1). He was going through rehab for recovering alcoholism, but everyone (family members) around him did not feel very comfortable leaving it in his reach. Since no one else in the family who lived in S.C. owned any firearms, I felt that I should be the one to take the possession of it. (He would be agreeing that someone took away his pistol.)

    Anyone know what I have to do to bring it in PA...to my house?

    I understand that there's no registration in PA when one is brought in.

    Do I need to go through local FFL in S.C. to make the transfer from his name to mine? Or, absolutely no paper work stuff is necessary as it's brother to brother?

    I have been searching on the forum, and saw some threads talking about something similar, but I did not see (I don't think) exact match to my situation...brother to brother (or brother to sister...that kind of transfer) then to PA.

    If anyone is aware what I need to do, can you please help me out?

    Thanks.

  2. #2
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    Levittown, Pennsylvania
    (Bucks County)
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    Default Re: pistol from brother in South Caroline?

    FFL in SC before transporting. Brother with you, or FFL may accept his driver's license copy (they use the operator's license number as ID of seller) call and find out. Siblings may not transfer handguns. Parent-child, grandparent-grandchild, spouses may transfer with no FFL
    Last edited by Bang; July 5th, 2014 at 11:22 AM.

  3. #3
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    Default Re: pistol from brother in South Caroline?

    Since this would be a transfer of the handgun between residents of differing states, you may only take possession of it from a Pennsylvania FFL. If you can find one that takes a transfer from a non-licensee (your brother) then he can ship it directly to that FFL; he could meet you at a Pennsylvania FFL assuming he follows all the necessary interstate transportation requirements going from South Carolina Pennsylvania; otherwise, he must enlist the services of a South Carolina FFL to send the handgun to the Pennsylvania FFL. The paperless transfers everybody seems to be referring to ONLY APPLY to transfers within the Commonwealth of Pennsylvania between residents of Pennsylvania who have very specific familial relationships.

    If you intend to return the handgun at some future time then you would reverse the above and your brother must accept transfer from a South Carolina FFL.

    If the concern is for the brother's access to the firearm during his rehab, disassemble* the handgun and leave the brother with only the frame and the remainder of the parts being held by any third-party (no FFL required even if interstate) – Presuming your brother would not go through the trouble of purchasing the missing parts and reassembling the firearm during a vulnerable time.
    *For revolvers remove the cylinder; for pistols remove the slide and barrel.
    IANAL

  4. #4
    Join Date
    Nov 2008
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    Media, Pennsylvania
    (Delaware County)
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    Default Re: pistol from brother in South Caroline?

    tl 3237 is right on the money. Bang,,,,,, not quite so much. You can't transport the firearm.
    George,
    So many guns, so little money.

  5. #5
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    Default Re: pistol from brother in South Caroline?

    Thanks for replies, guys.

    A little while ago, I called a sporting goods store that was listed in GunBroker.com FFL Holder search in South Carolina.

    I did tell the guy that I lived in PA, and would be coming to SC to meet him and pick up his pistol. He said that there was no transfer...paper work is not required between brothers or brother/sister in SC (basically he said it's like, "here's the pistol. Now, it's yours."), and I would have to do any kind of required paper work, etc. in PA if there is.

    He was speaking clearly and confidently. At least he sounded like he was.

    ...Did this guy know nothing about his own state law?
    Last edited by fat_frog; July 5th, 2014 at 07:30 PM. Reason: Clarifying what I typed.

  6. #6
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    Default Re: pistol from brother in South Caroline?

    Is the pistol sentimental? If not just sell it via gun broker or the local forum board. Then save the money for your brother after he recovers. This would be the easiest especially if it's just some random easy to find glock.

    Just my 2 cents.

  7. #7
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    Default Re: pistol from brother in South Caroline?

    Quote Originally Posted by fat_frog View Post
    Thanks for replies, guys.

    A little while ago, I called a sporting goods store that was listed in GunBroker.com FFL Holder search in South Carolina.

    I did tell the guy that I lived in PA, and would be coming to SC to meet him and pick up his pistol. He said that there was no transfer...paper work is not required between brothers or brother/sister in SC (basically he said it's like, "here's the pistol. Now, it's yours."), and I would have to do any kind of required paper work, etc. in PA if there is.

    He was speaking clearly and confidently. At least he sounded like he was.

    ...Did this guy know nothing about his own state law?
    Just guessing but I'm thinking that the bro to bro thing would be legal only if both were SC residents, if indeed that is part of their gun laws.

  8. #8
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    Default Re: pistol from brother in South Caroline?

    Quote Originally Posted by fat_frog View Post
    Thanks for replies, guys.

    A little while ago, I called a sporting goods store that was listed in GunBroker.com FFL Holder search in South Carolina.

    I did tell the guy that I lived in PA, and would be coming to SC to meet him and pick up his pistol. He said that there was no transfer...paper work is not required between brothers or brother/sister in SC (basically he said it's like, "here's the pistol. Now, it's yours."), and I would have to do any kind of required paper work, etc. in PA if there is.

    He was speaking clearly and confidently. At least he sounded like he was.

    ...Did this guy know nothing about his own state law?

    WHOA !!!!

    HE SURE DOESN'T KNOW FEDERAL LAW....

    Since you and your brother live in different states, such a transfer would be a violation of FEDERAL law (ref 18 USC 922(a)(5)) by your brother AND a FEDERAL violation (ref 18 USC 922(a)(3)) by YOU when you return to PA with the handgun!!!!!!!

    Read the Federal statute here



    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;


    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
    Last edited by tl_3237; July 5th, 2014 at 09:30 PM.
    IANAL

  9. #9
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    Northampton, Pennsylvania
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    Default Re: pistol from brother in South Caroline?

    I would agree that the easiest thing to go if you already plan on going to see him ist to just take the slide and barrel or cylinder with you back to pa leaving him the frame of the handgun. It would save both of yous the cost of two transfer.

  10. #10
    Join Date
    Jan 2014
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    Ellwood City, Pennsylvania
    (Lawrence County)
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    Default Re: pistol from brother in South Caroline?

    Is pa that tough? I have sent guns to family in florida. If you plan on shipping it. A ffl is needed on the receiving end if it is a long gun. I believe a hand gun has to ship dealer to dealer. In both cases the receiver of the gun has to do the background check. If you are going to SC. You can take possession of the pistol from your brother. If driving home, you should have no issues. If flying you have to follow the TSA guilds for flying with a handgun.

    As for pistol registration in PA I am clueless. I didn't think you had any.

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