Pennsylvania Firearm Owners Association
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  1. #101
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    Chambersburg, Pennsylvania
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by Suburban View Post
    I want to run this by you guys.

    I have, in my possession, my father's firearms. I want my sister in Delaware to have a couple of the pistols. I have a feeling that I'm not going to like the answer, but do we need to go to a FFL to do transfers?

    The guns going to me was a black and white deal. The guns stayed in the same state, and was a parent-to-child inheritance. This is a little more grey area.
    FFL is required under federal law because the transaction crosses state lines. It's not really grey at all, as sibling transfers also require an FFL, even if both parties are PA residents.
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  2. #102
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    (Delaware County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by gnbrotz View Post
    FFL is required under federal law because the transaction crosses state lines. It's not really grey at all, as sibling transfers also require an FFL, even if both parties are PA residents.
    FFL not mandatory between PA residents. Firearm private sales can be transferred through a Sheriff.
    Long gun private sales can be transferred FTF with no paperwork at all

  3. #103
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    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by Suburban View Post
    I want to run this by you guys.

    I have, in my possession, my father's firearms. I want my sister in Delaware to have a couple of the pistols. I have a feeling that I'm not going to like the answer, but do we need to go to a FFL to do transfers?

    The guns going to me was a black and white deal. The guns stayed in the same state, and was a parent-to-child inheritance. This is a little more grey area.
    I agree with gnbrotz above.

    You must abide by federal law first. Then state laws. Federal law doesn't regulate private intrastate transfers, but it fully regulates interstate transfers.

    With exception of transfers in a will(bequest) or intestate succession(lawful inheritance), ALL interstate transfers must go through a FFL.
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  4. #104
    Join Date
    May 2007
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by BimmerJon View Post
    FFL not mandatory between PA residents. Firearm private sales can be transferred through a Sheriff.
    Long gun private sales can be transferred FTF with no paperwork at all
    I agree. Thanks for the clarification.
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  5. #105
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    (Delaware County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by gnbrotz View Post
    I agree. Thanks for the clarification.
    No problemo. You've corrected/clarified me plenty of times (and I'm very thankful as I've learned a plethora in the process)

    I know you knew this, but just wanted to clarify for people reading


  6. #106
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    Mar 2007
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    Newport, Pennsylvania
    (Perry County)
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    Default Re: About Gun "Registration" or Transfers in PA

    I know parent to child transfer of handgun is fine but does it got the other way too?

    Can I give a gun to my father without an FFL?

  7. #107
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by WWGunslinger View Post
    I know parent to child transfer of handgun is fine but does it got the other way too?

    Can I give a gun to my father without an FFL?
    Yes, the transfers are bi-directional

    It's "between", not "to"

  8. #108
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    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by WWGunslinger View Post
    I know parent to child transfer of handgun is fine but does it got the other way too?

    Can I give a gun to my father without an FFL?
    Yes, if you're both PA residents and if the recipient is non-prohibited. Federal law prohibits direct transfers across state lines (in most cases).
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
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  9. #109
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    May 2007
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    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by WWGunslinger View Post
    I know parent to child transfer of handgun is fine but does it got the other way too?

    Can I give a gun to my father without an FFL?
    Transfers between grandparents, parents, children and spouses are exempt from FFL involvement (so long as both parties are non-prohibited PA residents). The 'direction' of the transfer doesn't matter.
    The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.
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  10. #110
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    Carroll County, Maryland
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by knight0334 View Post
    ...
    In the United States, only five states have handgun registration and they are; California, Hawaii, New York, Maryland, and Michigan. Washington DC and a couple of the territories and protectorates also have registration. Some of the other states require a similar transfer recording like how PA does it

    If I may offer a correction, Maryland's handgun transfer system is pretty much identical to Pennsylvania's, with the addition of an annoying 7-to-10 day waiting period. Thus it is neither more nor less a true "registration" system than is Pennsylvania's.

    True, people often erroneously call Maryland's system "registration", but by the standard cited in post #18 of this thread, that is incorrect.( http://forum.pafoa.org/591736-post-18.html ) Maryland makes no attempt to keep a complete database of all handguns, and there are various ways that Marylanders may possess and aquire handguns legally which never are entered into the State Police database.

    1) Persons moving to Maryland are not required to "register" any handguns they bring with them. True, if they call and ask the MSP, they may be encouraged to "Voluntarily Register" them (and that term does appear on the transfer form), but it is not required.

    2) The current transfer/database system isn't very old. Certainly not older than the mid eighties, and I think unrecorded face-to-face sales of handguns were legal well into the nineties (no, I'm not sure of the date, and I'm not going to look it up). Many people own handguns aquired before that time, and there is no requirement that they "register" them.

    3) People who posess an 03 FFL (CRFL) may import C&R handguns from out of state. I can punch a few keys right here on my computer and have a CZ82 or a Walther P1 Fed-Exed right to my door,and aside from recording it in my Bound Book, there is no state requirement for me to "register" it. The State of Maryland has no right to examine my Bound Book.

    4) I believe some states require annual registration (Illinois?), and some require notification if the gun is transfered out-of-state (New York?????). Maryland has no such rules. Maryland's Pennsylvania-type database is never updated, and handguns can leave the state without Maryland being notified. I could move to Virginia, establish residency, sell a handgun to a Virginian, who could then move to Maryland, and there would be no requirement to notify the MSP of any of those movements.

    Both Pennsylvania and Maryland maintain similar incomplete databases of handgun transfers. Residents of both states may legally posess handguns not recorded in those databases. Thus, neither state has a true registration system.

    Now the worrisome point is that the State Police may not appreciate how incomplete the database is. It seems the PSP have a charming habit of running a roadside trace on handguns found in the possession of LTCF holders, and confiscating those not found in the database. I sometimes wonder what would happen to me if the PSP ran a trace on one of my pistols (I have both Florida and Utah permits, recognised by Pennsylvania)?

    Neither Pennsylvania nor Maryland has handgun registration, but the police may not realize that.
    Last edited by gtac; December 4th, 2011 at 12:49 AM.

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