Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Apr 2007
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    Wapwallopen, Pennsylvania
    (Luzerne County)
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    Default Transfer from an out of state family member?

    On a recent trip down south to see my family, I purchased a vehicle and drove it back to PA with my daughter. As a saftey precaution my mom gave me one of her 9mm guns to carry back with me since i have a PA LTCF. I've been back a few weeks now, but my mom said that I could keep the gun (she even sent me the carry case and holster etc). There is no bill of sale etc. Am I totally screwed? How do I go about registering it? She lives in TX. Apparently you don't have to register them in Texas, you could give a firearm to anyone you want. Or so thats what I understand at least. Anyway, if anyone could point me in the right direction I'd appreciate it.

  2. #2
    Join Date
    Mar 2006
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    Private, Pennsylvania
    (Montgomery County)
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    Default Re: Transfer from an out of state family member?

    check with her state to see if its ok there, but direct handgun/longarm gifts from Father/Mother to Son/Daughter residents PA are legal in PA, without going thru a FFL that is.

    However, Federally, it's generally unlawful to do a fireams transfer..thats gift or purchase across state lines from residents of different states without involving a FFL.

    Under Fed law, its a no no, and may be so under your mothers residence state law.
    "Oderint Dum Metuant" - BMFH

    "Tact is for people not witty enough to use sarcasm"

    Note: any whingeing crazy that hits my PM inbox will be deleted without reply

  3. #3
    Join Date
    Apr 2007
    Location
    Wapwallopen, Pennsylvania
    (Luzerne County)
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    Default Re: Transfer from an out of state family member?

    Gotcha, thanks for the help.

  4. #4
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: Transfer from an out of state family member?

    Too late to effect any sort of transfer through an FFL since the firearm is no longer in Florida, but is now in Pennsylvania.

    There is no firearms registration in Pennsylvania.

    Gee, looks like you're stuck with it.

  5. #5
    Join Date
    Feb 2007
    Location
    Lebanon, Pennsylvania
    (Lebanon County)
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    Default Re: Transfer from an out of state family member?

    First, let me say yhat I'm not a lawyer and I'd like to know what a lawyer has to say about this. I'm sure we will get a good legal opinion here in short order.
    In my honest but not so professional opinion:
    I think you're good to go, as long as there's no criminal history associated with the gun. There's no paper trail to prove or disprove when and where the transfer happened. The transfer was between immediate family members, as a gift. The gun didn't have to be registered in Texas and it doesn't have to be registered here. Your biggest concern was transporting it across state lines, and it seems as though you were successful in that respect.
    How does it shoot?

  6. #6
    Join Date
    Apr 2007
    Location
    Wapwallopen, Pennsylvania
    (Luzerne County)
    Age
    33
    Posts
    77
    Rep Power
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    Default Re: Transfer from an out of state family member?

    Thanks for the input. It would be interesting to see what a lawyer had to say I suppose. I'm going to research it a little further, the last thing I need is to be in posession of a "federal no-no". I'll post whatever I find out. Havn't had the opportunity to shoot it yet Soon though.

  7. #7
    Join Date
    Mar 2006
    Location
    Private, Pennsylvania
    (Montgomery County)
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    Default Re: Transfer from an out of state family member?

    no lawyer needed here, this has been discussed many times, and the Federal Law is clear on this.

    Florida law may allow the handgun transfer between family members, but probably does so for those residing in the same state.

    the gun was a gift between family members that did not reside in the same state that can make all the difference under state law, and DOES make all the difference under Federal Law.

    Note that Federal Law makes no distinction about family members also.

    as per federal regs, answers form the ATF FAQ:

    http://www.atf.treas.gov/firearms/faq/faq2.htm#b1

    (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]



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

    A person may only acquire a firearm within the personís 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.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]



    (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaserís own State?


    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.


    Either way, its a done deal, and nothing can be done about it now.
    "Oderint Dum Metuant" - BMFH

    "Tact is for people not witty enough to use sarcasm"

    Note: any whingeing crazy that hits my PM inbox will be deleted without reply

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