Private gun sales and transfers in PA

[bluedog46]

I live in delaware and shoot at targetmaster in chadds ford, PA. I was told that i cant buy a handgun from them without an ffl in my state taking possestion and looks like i would have to do the same to buy a handgun from a PA resident ( delaware you can sell another delaware resident any legal gun cash and carry). If i buy a long gun from someone in PA is that legal or would i need to see if they could meet me at targetmaster since they told me i could buy a long gun from them and blow money on the xfer?

what part of "shall not be infringed" do people not get?

[BimmerJon]

It isn't where you buy it, it's where you are a resident.

The firearm definitely needs to go to a DE FFL since it's an interstate sale.
I'd say the same applies for the long gun for the same reason.

If I'm wrong, someone will be along to correct me

[tl_3237]

It isn't where you buy it, it's where you are a resident.

The firearm definitely needs to go to a DE FFL since it's an interstate sale.
I'd say the same applies for the long gun for the same reason.

If I'm wrong, someone will be along to correct me

Longarms can go through an FFL in any state.

Handguns must go through an FFL in the buyer's state of residence.

Direct interstate transfers between non-licensed individuals of different state residencies violate Federal law except for estate distributions.

[BimmerJon]

Longarms can go through an FFL in any state.

Handguns must go through an FFL in the buyer's state of residence.

Direct interstate transfers between non-licensed individuals of different state residencies violate Federal law except for estate distributions.

So he could buy the long gun and transfer it in PA, then drive it back to DE?

[tl_3237]

So he could buy the long gun and transfer it in PA, then drive it back to DE?

Absolutely provided he's not prohibited and the Pa FFL is willing to make the transfer. Any FFL can transfer a longarm to a non-resident under 18 USC 922(b)(3) but they can also decline as a matter of store policy.

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

(3) any firearm to any person who the licensee 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 licensee’s place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee’s place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

[BimmerJon]

Absolutely provided he's not prohibited and the Pa FFL is willing to make the transfer. Any FFL can transfer a longarm to a non-resident under 18 USC 922(b)(3) but they can also decline as a matter of store policy.

Thanks!

It's long over due. I'll get you some rep when I'm back on a computer

[The Sig]

It must be nice not to have to pay FFL fees. Why does our state force us to pay those, while other states do not?

[tl_3237]

It must be nice not to have to pay FFL fees. Why does our state force us to pay those, while other states do not?

IMO the original intent was to assure that the buyer was vetted through PICS/NICS and there were two ways of providing that assurance - sheriffs and FFLs. Unfortunately sheriffs seem to have unilaterally disavowed this responsibility leaving, by default, FFLs.

Yes - some states allow FTF handgun sales (even NJ) and others allow LTCF equivalents to serve as the vetting process. Under Federal statutes the LTCF would qualify in lieu of NICS but, solely because of Pa's 18 Pa CSA 6111(c), it doesn't.

[Xringshooter]

A person from any other state in the US can buy a long arm at any FFL as long as the FFL wants to do it and the longarm is legal in the buyers state. I just did transfers for about 15 non PA residents who were buying AR's through their ANG outfit (the AR's were legal all the states represented). The FFL calls in the background check just like normal except that you have to talk to an operator to do the check (automated checks are for PA residents with a PA ID only). The longest check took 5 minutes, most averaged 3 minutes).

[rikilii]

Handguns must go through an FFL per 18Pa.C.S.6111
There are exceptions for FFL's, PD's, etc as well as between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild. per 6111(d)

There is no gunshow loophole. That's a red herring the anti's use to describe person to person sales, that are legal anywhere, not just gun shows, and do not supersede 6111 on handgun transfer requirements.


I have to ask also, is there some alternate reason for this post?

6111 only applies in PA, and the antis you're talking about basically want a federal version of 6111.