Firearms Transfer Question

[Steve_NEPhila]

Here is the scenario: A PA resident wants to transfer a handgun to his brother who is from out of state. However, said brother will be coming to PA for a visit and that is when the transfer is planned. How should the transfer be done?

Additional Info.
-Neither the transferee nor the transferor is a prohibited person
-Both of course are over 21

Thanks in advance.

[gnbrotz]

I believe the transaction must go through an FFL in the recipient's home state. The fact that he's your brother means nothing to the transaction, as even if he were a PA resident as well, siblings are not exempt from statutory transfer requirements.

Best bet is to ship to a FFL in his home area either before or after his visit (and make that FFL aware of what will be transpiring).

[HiredGoon]

If the brother is not a PA resident, the gun will have to be shipped to an FFL in his home state and transferred to him there. I'm pretty sure.

[HiredGoon]

Greg...once again faster on the draw than me...LOL!

[normanvin]

I think the above is correct. In this case it is being taken out of state. The laws of state that it will be going must be followed.

[Steve_NEPhila]

+1 to all useful responses for being so quick and helpful.

Can anyone cite the law applicable, be it PA or Federal Code.

[gnbrotz]

Doesn't reference specific federal code, but general guidelines are here:

http://www.nraila.org/GunLaws/Federal/Read.aspx?id=60

[gnbrotz]

Title18, U.S. Code, Section 922

(a) It shall be unlawful:

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;**prohibits your brother from taking the gun back with him

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;**prohibits you from placing it in his possession.

[Xringshooter]

From the BATFE:

(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.

[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 purchaser’s 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.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

In the above, firearm is defined as something OTHER THAN a long arm (standard rifle or shotgun).