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June 8th, 2018, 02:35 PM #1Junior Member
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Pocono Pines,
Pennsylvania
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PA Secondary Home Owner...Primary Residence NY
I should be closing on a property in Pocono Pines within the next month. This will be my secondary home that I will spend 2-3 days a week at for me and my fiance. I have to remain a primary resident of NYC due to my city job. My question is, are there other ways of showing ownership in PA that would allow me to purchase a gun to keep in PA? Or, is the only way to purchase, to have a PA drivers license?
Thanks
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June 8th, 2018, 02:56 PM #2
Re: PA Secondary Home Owner...Primary Residence NY
Provided you make the PA location a secondary HOME - no just merely owning a property - then you can buy firearms in PA with out-of-state ID.
Check out amongst others: Multi-state residency, purchase rules
From another thread: I am a part time PA resident, can I buy a firearm?
Last edited by tl_3237; June 8th, 2018 at 03:07 PM.
IANAL
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June 8th, 2018, 05:18 PM #3Junior Member
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Re: PA Secondary Home Owner...Primary Residence NY
Thank you so much for that! I should be good then after reading the information.
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June 9th, 2018, 10:53 AM #4
Re: PA Secondary Home Owner...Primary Residence NY
You're welcome. If you have trouble finding an FFL that will sell to you, the other option is a private purchase of longarms (not pistols) from another Pa resident. This also is legal without using an FFL while you are residing in your Pa secondary home, make the transaction within Pa and are not otherwise a prohibited person.
Would be of interest if some of the FFLs on this forum would discuss their policy as to how someone like the OP would sufficiently demonstrate residency, as opposed to mere ownership, at a secondary Pa home.IANAL
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June 9th, 2018, 01:38 PM #5
Re: PA Secondary Home Owner...Primary Residence NY
I was asked to chime in on this topic since I am a PA FFL/SOT who has done numerous transfers for people who are, by law/regulation, dual state residents. And yes, I have several customers who are NY and PA residents.
As said, just OWNING land in PA does not make you a dual state resident. You must have some type of a residence with a street address. You must live in this residence when you are in PA (cannot just have the residence to rent/lease to someone else). You must also pay real estate taxes on this residence (local, school, county, etc. taxes). I require a copy of the latest real estate tax form (to be attached to the 4473 and SP4-113 (if needed) when I do the transfer.
Yes, I also know that a person could give me the required documents and use the address of the property when filling out the forms and not actually be living in the residence. If they do that, the onus is on them and if caught they pay the price, not me (have already discussed this with both ATF and PSP supervisors). Both agencies told me to use my best judgement. When someone approaches/contacts me about doing this type of transfer, I ask a lot of questions and try to get a good feel for the person. All of my customers that fall into this category have been above board and supplied me with any/all information I requested, they know, because I tell them, the consequences if they lie. I have certain questions and do certain things for a new dual state resident to determine if they are being truthful. Sorry, I will not divulge what I do, suffice to say that I have never had a problem with anyone becoming a customer and I have never had to say no to (yet).
All of my dual state residents are long time customers and I do trust them. They all know that they cannot take the firearm back to their other residence if it is not legal in that state.
I in fact have a dual state (NY and PA) who is buying a machine gun. Perfectly legal to do, all paperwork was done while he was living in PA, and when approved the transfer will be done while he is living in PA and all the forms will have the PA address and he knows the MG can never go into NY (he has a more than adequate storage "area" in his PA residence where the firearms he has purchased as a PA resident will be safe.
It's really not a big deal if things are done according to Federal and PA law. That said, many FFL's just don't want to handle dual state residents and that is their choice and business decision.
As tl_3237 said above, the other option is buying a long gun from a private party. That said, there may be private sellers who will not want to do this (mainly because they don't know the laws). Don't argue with them, it won't change their minds.
If someone has more questions that I may be able to help with, just send me a PM.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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June 9th, 2018, 06:23 PM #6
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June 9th, 2018, 09:25 PM #7Junior Member
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Re: PA Secondary Home Owner...Primary Residence NY
Great insight...I will definitely have a home there and will reside there so I should be fine in that aspect. My only hold up may be finding an FFL that will sell to a dual state resident. However, I am going to work on closing this house sale first and will cross that bridge in a couple of months. Thanks again everyone.
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