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January 20th, 2015, 04:48 PM #11
Re: Question regarding handgun transfer from ny to pa father to son
You already had the answer. According to this,
Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping. See also Question B3.
AFAIK, federal law only recognizes unlicensed persons when regarding firearms transfers. IANAL.
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January 20th, 2015, 04:48 PM #12
Re: Question regarding handgun transfer from ny to pa father to son
Ownership would still cross state lines regardless as where the parties are both presently at. So it must go through a FFL, it is federal law and has been since 1968. The only way around not using a FFL is for the father to die and either will the gun to the son or the son inherits it via intestate succession if there isn't a will.
To the OP:
Yes, the father can drive it to a FFL in PA to transfer to you. He doesn't need anything more than his drivers license so that the FFL knows who he acquired the gun from, and his NY permit so that he doesn't break any NY laws while transporting his gun from his abode.Last edited by knight0334; January 20th, 2015 at 05:36 PM.
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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January 20th, 2015, 04:56 PM #13
Re: Question regarding handgun transfer from ny to pa father to son
As Knight indicated, you don't have to "ship" it to an FFL under federal or PA law, you can bring it to an FFL in the purchaser's state. I leave the NY part of the equation to others.
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January 20th, 2015, 05:24 PM #14
Re: Question regarding handgun transfer from ny to pa father to son
I agree with the other wise souls, the father can comply with Federal law by transporting it unloaded, in a secure container other than the glove box or console.
He complies with PA law as long as he's going directly to the FFL to transfer it.
NY law, who knows. Those folks are crazy with the gun hate.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 21st, 2015, 07:52 AM #15Junior Member
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Pittsburgh,
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Re: Question regarding handgun transfer from ny to pa father to son
Yes, he is legally able to carry in NY with his permit.
When he comes here, What information will we need. I assume the ffl will have the paperwork, is it anything I can print out and have filled out before we go?
Thank you all for the help
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January 21st, 2015, 09:48 AM #16
Re: Question regarding handgun transfer from ny to pa father to son
All he should need is the firearm and his drivers license. Nothing you can do beforehand.
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January 21st, 2015, 10:44 AM #17
Re: Question regarding handgun transfer from ny to pa father to son
The FFL will have the forms. There is nothing you can fill out prior to the transfer.
For you it will be just like buying a gun from the FFL. For your father, he'll just be giving his name/address/etc to the FFL so that the FFL can add the gun to his bound book, and filling out a small section on the PA PSP form.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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January 21st, 2015, 11:52 AM #18
Re: Question regarding handgun transfer from ny to pa father to son
Just to be safe I could call the FFL and make an appointment.
"No, it's just a machine. I'm the weapon." - Jack Harper in Oblivion
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January 21st, 2015, 01:57 PM #19
Re: Question regarding handgun transfer from ny to pa father to son
Just so you (and others) know; the handgun transfers from the father to the FFL's bound book, and then to the son, meaning that if the son can't pass PICS, the FFL can't give it back to the NY resident directly. It would have to be shipped to a NY FFL.
For two PA residents, if the buyer fails PICS, then the seller has to pass PICS to get the gun back. It sometimes happens that neither of them can pass PICS, leaving them in an awkward position. The FFL has no choice, the law requires him to do a PICS check on any transferee, and the FFL has to retain the gun, and work out a deal to sell it on consignment.
Worse, our govt decided to bear down hard on everyone who fails PICS, and they have been vigorously prosecuting most of them. It's a felony to make a false statement to an FFL in this context. A prohibited seller who has to get his own gun back due to the buyer being denied, can be charged with lying to the FFL, as well as being a prohibited person in possession. The buyer can be charged as well.
It pays to do your research and be sure of the answers to all the questions on the 4473. Here's the form:
https://www.atf.gov/files/forms/down...f-f-4473-1.pdfAttorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 24th, 2015, 10:34 PM #20Junior Member
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Re: Question regarding handgun transfer from ny to pa father to son
To add some more info that I was given today..
From my understanding..
The gun still belongs to my grandfather's estate. When he died, it was never transferred to anyone directly yet. How does this process change if it was given to me from the estate.
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