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September 22nd, 2014, 10:17 PM #1Super Member
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Honesdale,
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Question about purchasing a pistol in PA
Hi, I'm new to PA and I have a question about handguns. I'm very close to purchasing a vacation home in beach lake PA, just 15 minutes from Honesdale. I have a NY driver's license with a NYC address on my license. I was never convicted of a crime and can pass the NICS check no prob. I was told that I just need a property tax or utility bill of my residence in Beachlake and I can walk into a gun store and buy whatever I want. A License is not even needed, is this true? please correct me if I'm wrong. I will not be bringing any firearm into NY. I want to purchase a Beretta 90s series for home defense when I'm at my PA house on weekends and to go to the range with in PA. Thanks in advance for any help.
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September 22nd, 2014, 10:40 PM #2Grand Member
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Philadelphia,
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Re: Question about purchasing a pistol in PA
There's no licensing requirement for firearms purchases in PA. However, to comply with federal law you must be a resident of this state to buy a handgun here.
Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?
If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.
[27 CFR 478.11]
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September 22nd, 2014, 10:44 PM #3
Re: Question about purchasing a pistol in PA
Yep no PA state DL no hand gun. You maybe able to purchase a shotgun that would be legal to own in NYS and leave it in your home in PA. Finding a dealer that will sell you anything could be a real PITA because of the NY city home address thanks to the past efforts of Mayer Bloomberg.
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September 22nd, 2014, 10:57 PM #4Super Member
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Honesdale,
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Re: Question about purchasing a pistol in PA
i see, ok so do you think it'll be easier to just buy a long arm in NYS (outside the 5 boroughs) with my NY license and just transport it without stopping to PA? I'll most likely just buy a pump action Remington 870 to keep at my PA home for self defense and sometimes take it to the range in PA. This is perfectly legal right?
Last edited by Will3212; September 22nd, 2014 at 11:01 PM.
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September 22nd, 2014, 11:32 PM #5
Re: Question about purchasing a pistol in PA
You could by a long gun in PA just the same as in NY. ...but that doesn't mean some ignorant FFL might not allow the sale.
If I remember correctly, long gun transporting in NYS outside of NYC doesn't require a permit. And it is completely legal in PA so long as it is unloaded.
So a long gun isn't an issue.
If you have your NYS pistol permit, you could buy a pistol in NY and transport it to PA and leave it at your PA residence.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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September 24th, 2014, 07:05 AM #6
Re: Question about purchasing a pistol in PA
OP, while you are living in your house in PA, you can buy a handgun in PA, even with a NY DL. That is answered in the BATFE FAQ's which one person here has already posted. Talk to the shop where you are going to buy the handgun and if they know the laws they will tell you what is needed to be done. I have a client that lives in both PA and FL (has FL DL) and have done transfers for him with no problems. PICS just asks if I have copies of his real estate tax and utilities bill (which get attached to the 4473 that he fills out). The PICS operator then does the necessary background check using the NY DL number. Not really a big deal as long as you have all the necessary paperwork to prove that you own the home and are living there at the time of the gun purchase
Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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September 24th, 2014, 08:11 AM #7Grand Member
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nepa,
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Re: Question about purchasing a pistol in PA
Even if that is true, and i am not doubting it, i think he will run into the issue of most FFLs not even considering the transaction.
After the lawsuits filed by Bloomberg and everyone hearing about what happened at Dunkelberger's, i think most FFLs would pass on the opportunity to sell a handgun to someone sporting a NY drivers license, especially one with a NYC address. Good luck with it though!
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September 24th, 2014, 10:24 AM #8
Re: Question about purchasing a pistol in PA
Interesting and good to know. I was denied buying a hand gun last year because I only had my temporary PA DL. Told me I could pay and then come back to run the check when I get my DL.
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September 25th, 2014, 11:12 AM #9
Re: Question about purchasing a pistol in PA
I don't disagree with this at all, gun shops, especially those fairly close to NY are very leery about these kinds of sale. I would be also. Even being in the State College area I was contacted by a guy in NY that wanted me to order him a bunch of high capacity mags. I told him to call me back or send me an email with a way to contact him after I worked up a price. He DID NOT WANT TO SEND AN EMAIL because he wanted to keep everything under the radar. He gave me his phone number and I did some investigating and every indication was that he was in cahoots with Bloomy.
When he called back, I read him the riot act about trying to circumvent the system, how what he was doing was illegal and he hung up on me when I started telling him I don't appreciate Bloombergs puppets calling me. I also got in touch with the PD where he lived and passed on everything that happened. They were actually interested in what I gave them.
However, back to the subject, when the OP is living at the vacation home, and as long as he has the necessary paperwork, both from PA and NY and NYC (if. He has to have a permit to buy), he legally can buy a handgun in PA. But again, as said, he might have a tough time getting a dealer to sell it to him (or do the transfer).Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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September 25th, 2014, 01:11 PM #10
Re: Question about purchasing a pistol in PA
With a second residence in PA you are a resident of PA for ATF purposes (and thus FFL purposes) during any time you reside there.
You can go to a gun store and buy any longarm or handgun, whether it be legal or illegal in NY, just as any PA resident. No consideration of NY licensesure or procedures are required. You are a Pennsylvanian.
That being said, it is true that the number of willing FFLs will be reduced with your NY driver's license. You need a government photo ID (I think) to buy a firearm from an FFL and proof of residency in PA to buy something PA specific (handgun or NY illegal). Call around to FFLs or ask around on the forum to find FFLs that are willing to take your money.
I would get a RESIDENT PA LTCF if I were you, and if possible. That might boost your case with FFLs.
I am not a lawyer, just my understanding, there is the possibility of mistakesLast edited by ungawa; September 25th, 2014 at 01:14 PM.
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