documentation on firearm

[steve752]

My friend in Florida sold me two 22 caliber handguns I use down there for target practice at ranges. I took photos of the guns and serial numbers for my records. My other frien said I should have gotten a receipt from him so if they ever had to trace the guns it would be known who the owners were. Should that be done or am I ok with this private Florida sale just to have pictures and serial numbers recorded.

[Xringshooter]

From the BATFE (and in the below statements "firearm" is a handgun, SBR or SBS):

(B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

So, if you are a PA resident, by law your buddy in FL could not sell you a handgun FTF. It would have had to have been shipped to your local FFL in PA and you would have had to do the paperwork and background check in PA.

(B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

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.

All that said, if you owned and lived in a house in FL and divided your residence between FL and PA then:

(B12) May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

By the facts in your question, it doesn't matter if you have a receipt or not, your friend and you did not do a legal (by Federal law) transfer.

I am sure there will be others coming on asking more questions like; "Where are the guns right now?" "Do you keep the guns in FL?" "Where are the guns kept, at your friends house?" "How can you prove you bought then in case of [enter situation here]...?"

[steve752]

Thanks for your reply. I live in Florida half the year and in Pa half the year. I keep the guns in Florida and use for target practice.

[knight0334]

If you qualify as a FL resident during your stay down there, no paperwork of any sort is needed. Private transfers between two FL residents is like that of trading/selling a couch or any other private property. Even down there, it is recommended that you get a receipt "just in case", however FL law follows the "possession is 9/10's of the law" rule.

[steve752]

Thanks for your reply. My wife has a Florida drivers license and is considerd a resident. So if she bought the guns then they are legal right? What if later we want to bring them to Pa I would assume we are still ok right?

Thanks for the responses.

[Xringshooter]

That is correct. FL might also have a law that is similar to PA's in that a spouses can give each other handguns with no paperwork.

[knight0334]

That is correct. FL might also have a law that is similar to PA's in that a spouses can give each other handguns with no paperwork.

Handguns are not regulated like in PA. There are no private "transfers", logging, registration or whatnot. You can give/trade/sell/loan them at will to anyone 18yo or older so long as you dont have reason to believe they are a prohibited person or intend to break the law. A signed receipt swearing to the fact will provide you legal coverage down there.

Down there two people that aren't related, can drive from opposite ends of the state, trade/sell a handgun in the middle of an intersection, then drive home and its perfectly legal. No paperwork, no recorded transfers, nothing.. Its advised though to get a receipt because it does prove that you passed on or assume ownership and protections in the event of it coming up stolen or having it stolen from you.

Only commercial transfers are regulated to federal standards. Counties may opt to impose a 3 day waiting period. All commercial transfers are subject to a NICS call too.

[steve752]

Thanks for your advice !

Steve