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Thread: Private Sales out of State??
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March 4th, 2015, 07:24 AM #1
Private Sales out of State??
I can imagine this has been asked before but I am having difficulty finding the thread or threads that address this.
I am a PA resident with a PA drivers license. If I find a hand gun for sale out of state (OH, W.VA, MD, NY, NJ). Could I drive to the other state (OH, etc) and purchase a handgun from a private seller and do the transfer at an FFL in the other state (OH, etc.)?
I am finding guns that I am interested in that are worth the drive for me but have never purchased a handgun or any firearm out of the great state of PA.
Thanks for any info...or links that could answer my question
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March 4th, 2015, 07:32 AM #2Grand Member
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Re: Private Sales out of State??
I believe the handgun has to be transferred at a FFL in your residing state(Pa).
Any options to ship to your FFL?FOAC Member, NRA Member
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March 4th, 2015, 08:48 AM #3Grand Member
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Re: Private Sales out of State??
No. The handgun must be shipped and transferred to you via a PA ffl
Last edited by God's Country; March 4th, 2015 at 11:21 AM.
FUCK BIDEN
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March 4th, 2015, 10:09 AM #4
Re: Private Sales out of State??
Thanks guys. Quick and informative.
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March 4th, 2015, 10:26 AM #5
Re: Private Sales out of State??
Not to hijack the thread, but to close the loop for the benefit of others (myself included) --
What is the law on long guns?Soap Box - Worn out : Ballot Box - Broken : Jury Box - Pending : Ammunition Box - Unknown
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March 4th, 2015, 10:32 AM #6Grand Member
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nepa,
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March 4th, 2015, 12:20 PM #7
Re: Private Sales out of State??
Synopsizing the Federal restrictions for interstate private sales :
All transfers of possession to the buyer MUST be officiated by an FFL. For handguns that FFL must be in the buyer's state of residence; for longarms the FFL can be in any state. The buyer cannot take possession from anyone other that an FFL.IANAL
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March 4th, 2015, 12:34 PM #8
Re: Private Sales out of State??
You are mostly right with the exception of individual private citizens can transfer long guns in state without an FFL in PA, at least that's the way I understand it. The buyer must not be a prohibited person and it is up to the seller to make sure that is the case. So a person from any of those states could bring a long gun to PA and sell it to you. Again that's my understanding and I welcome schooling if I'm wrong. BTW Handguns in Texas go by the same rules as long guns in PA. Unless they changed the law without my knowledge.
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March 4th, 2015, 12:44 PM #9
Re: Private Sales out of State??
NOPE. If the buyer and seller are of differing states of residency, Federal law [18 USC 922(a)(5)] prohibits any transfer without an FFL. The state of transaction laws are irrelevant.
§922. Unlawful acts
(a) It shall be unlawful-
(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; March 4th, 2015 at 12:47 PM.
IANAL
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March 4th, 2015, 12:49 PM #10
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