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October 7th, 2015, 08:09 PM #1
Federal restrictions on pistol transfers?
I'm stuck in another convo with a raging anti-gun freak. For some reason I'm having trouble finding the information I need. Can someone point me to good resources that outline federal gun laws in readable terms? I'm specifically looking for information pertaining to the transfer of pistols without background checks. Where is it legal, where is it not? What specific federal laws prohibit the private transfer of pistols without a background check? Also, which states allow it?
I know the info is here somewhere, but I just can't seem to find it! Thanks for the help.
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October 7th, 2015, 08:25 PM #2
Re: Federal restrictions on pistol transfers?
US Title 18, Chapter 44, Subchapter 922
Federal law only regulates commercial, interstate, and any transfer to persons under 18(handguns).
1. Federal law says that any transfer from a FFL requires a background check unless exempted due to having a recognized carry license issued within the past 5 years. Or if the firearm is to replace a defective gun.
2. Federal law say that any transfer across state lines, whether commercial or private, requires the firearm go through a FFL - so see #1 above. (except transfers due to bequest(a will) or intestate succession(family inheritance))
3. Federal law prohibits any private transfer of a handgun to a person under 18yo, or a commercial transfer to a person under 21yo.
PA Title 18, Chapter 61, Subchapter 6111 and 6115.
PA law requires:
1. Any transfer of a "firearm" to go through a FFL or a sheriff so that a background check is performed. (except between spouses, parent/child, grandparent/grandchild, or due to bequest(via a will regardless of relation) or intestate succession(family inheritance, must follow rules of succession for who inherits what).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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October 8th, 2015, 12:22 PM #3Grand Member
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Re: Federal restrictions on pistol transfers?
It was very thoughtful of Knight to post the facts of the situation, but do not expect the individual that you describe as a "raging anti-gun freak" to be persuaded with facts.
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October 8th, 2015, 02:01 PM #4
Re: Federal restrictions on pistol transfers?
Specifically handguns: Hope this helps
States that Require a Background Check at the Point of Transfer
California
Colorado
Connecticut
Delaware
District of Columbia
Maryland (handguns only)
New York
Oregon
Pennsylvania (handguns only)
Rhode Island
Washington
Four states (Hawaii, Illinois, Massachusetts and New Jersey) require any firearm purchaser, including a purchaser from an unlicensed seller, to obtain a permit issued after a background check, and four more states (Iowa, Michigan, Nebraska and North Carolina) do the same only for handguns. Illinois also requires a background check whenever a firearm is sold at a gun show
Link: http://smartgunlaws.org/universal-gu...olicy-summary/"It seems that the Constitution is more or less guidelines than actual rules"
My feedback: http://forum.pafoa.org/showthread.php?t=305685
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