Pennsylvania Firearm Owners Association
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  1. #1
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    Default Private gun sales and transfers in PA

    Does anyone know if it is legal in PA [and if yes, or no, in what other states?] to sell and transfer possession of a handgun to another law abiding citizen without going through a FFL and the NICS?

    What is the so called "gun show loophole"?
    Last edited by Bruce Eimer; January 3rd, 2010 at 10:14 PM. Reason: correct error

  2. #2
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    Default Re: Private gun sales and transfers in PA

    between child, parent, and grandparents a handgun may be transferred in pa without PICS, NICS, or an agent of the fed or state becoming involved.

  3. #3
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    Default Re: Private gun sales and transfers in PA

    Federal law doesn't restrict transfers of handguns or long guns between non-prohibited people within the same state. Some states, like PA, restrict handgun transfers (with limited exceptions). Some other states do not. Some states restrict long gun transfers, as well.

    The "gun show loophole" is the theory that I can legally sell you my gun at a gun show without paperwork if I could also legally sell you that same gun without paperwork through a classified ad, at a flea market, at my yard sale, or if I heard you wanted to buy a gun that I wanted to get rid of. The gun show venue is irrelevant to the legality. It's either legal in the state, or not.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
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  4. #4
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    Default Re: Private gun sales and transfers in PA

    Quote Originally Posted by Bruce Eimer View Post
    Does anyone know if it is legal in PA [and if yes, or no, in what other states?] to sell and transfer possession of a handgun to another law abiding citizen without going through a FFL and the NICS?

    What is the so called "gun show loophole"?
    no offense... but I find it difficult to believe that you dont know the answer to these questions, with the services and books you have available for purchase on your site.
    "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

  5. #5
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    Default Re: Private gun sales and transfers in PA

    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?
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  6. #6
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    Default Re: Private gun sales and transfers in PA

    In PA all handgun transfers must get recorded, except between spouses, parent/child, grandparent/grandchild.

    Per Federal law all interstate transfers of handguns must go through a FFL in the receiving party's state. Long guns can be transferred in any state, barring any state restrictions.

    Only 5 state have handgun registration. Only a very few more record transfers like PA does. NC requires a license to purchase even though they don't have registration or recorded transfers. One or two require any private transferee to clear a NICS or POCS type check. Of the remaining states one can selling/trade/barter a handgun at free will without any checks or records.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot.

  7. #7
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    Default Re: Private gun sales and transfers in PA

    Quote Originally Posted by knight0334 View Post
    Per Federal law all interstate transfers of handguns must go through a FFL in the receiving party's state.
    To be nit-picky, a bequest is an exception to this federal requirement.

    It should also be noted that a transfer is considered interstate if the parties are residents of different states, regardless of where the transaction takes place. You can't go to another state and buy a handgun there under the laws of that state.

  8. #8
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    Default Re: Private gun sales and transfers in PA

    Quote Originally Posted by JayBell View Post
    no offense... but I find it difficult to believe that you dont know the answer to these questions, with the services and books you have available for purchase on your site.
    Jay,

    I posted the question to get some quick clarification.

    /Bruce

  9. #9
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    Default Re: Private gun sales and transfers in PA

    Quote Originally Posted by donm View Post
    To be nit-picky, a bequest is an exception to this federal requirement.

    It should also be noted that a transfer is considered interstate if the parties are residents of different states, regardless of where the transaction takes place. You can't go to another state and buy a handgun there under the laws of that state.

    It is, but seeing how he's still alive and the reference to transferring to another person was made - it was rather moot to point it out.
    Last edited by knight0334; January 4th, 2010 at 01:11 AM.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot.

  10. #10
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    Default Re: Private gun sales and transfers in PA

    Quote Originally Posted by knight0334 View Post
    It is, but seeing how he's still alive and the reference to transferring to another person was made - it was rather moot to point it out.
    You sure? Zombies have internet access to I bet
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

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