Purchased a handgun out of state

[Greywolf]

See my post #32.

I saw it. Let's look at the critical portion of the law you cited:

18 USC 922(a)(3) 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, ...

We are discussing temporary residency. At the time of purchase, the person is not a resident of PA, he is a resident of [wherever -- say WV].

I understand your point, but I'm pretty sure the law is talking about residing in one state and purchasing a firearm that comes to you directly from another state -- such as buying a firearm off Gunbroker. I don't believe even a Federal judge would construe the language of 18 USC 922(a)(3) to turn a 100 percent legal purchase in one state into an illegal purchase the moment you cross a state line with your legally-owned firearm.

[eng63]

the reasoning is simple for my question earier, If the person I baught the weapon from went thru a dealer its on record in that state ie WV. Now that my poor ass had not fared well with the GF after changing all ID to her address and baught a weapon in a private sale. And because Philly is my home town I move change everything back to PA...Then for what ever reason my weapon need to be used or checked and found to be baught in WV. They say no database's but like I believe that, if it gose thru NiCS its a record. So in my insecurue mind I am concerned to where I would stand. Sounds nuts but best to be safe then sorry later. Knowlage is everything and more could save your ass from a major mistake if uniformed. Ignorence of the law ain't going to get me twice if I can help...but thats another story....lol


(The other story " Got a ticket for bogue inspection Sticker on car, faught it saying I didn't know they were bogus as I had just baught car. Lost had to pay fine. Justment was no excuse of ingorence of the law) Montomery County Pa, 2002. My thought I need to be a lawyer now...and paid fine.

[GrouchoMarsh]

So I read through the thread and didn't find my answer. I live in PA but work in OH and want to purchase a handgun from a co-worker. Does the gun need to be shipped to FFL in PA to complete the purchase? Can we do a FTF sale and I just register it in PA with a copy of his OH driver's license? It seems ridiculous to have to ship the gun a few miles.

Thanks for your help.

"Civilization is the limitless multiplication of unnecessary necessities."
Mark Twain

[tl_3237]

So I read through the thread and didn't find my answer. I live in PA but work in OH and want to purchase a handgun from a co-worker. Does the gun need to be shipped to FFL in PA to complete the purchase? Can we do a FTF sale and I just register it in PA with a copy of his OH driver's license? It seems ridiculous to have to ship the gun a few miles.

Thanks for your help.

"Civilization is the limitless multiplication of unnecessary necessities."
Mark Twain

For an interstate sale of a handgun the buyer MUST take possession of it from an FFL in his state of residence.

Shipment is one way of the seller getting it to your Pa FFL. Another would be for the seller to meet you at the Pa FFL provided he could legally transport it in Ohio - he can transport it in Pa to the FFL while "not loaded and is in a secure wrapper" (18 Pa CS 6106(b)(8)).

It would be a Federal violation for the seller to transfer possession of the handgun directly to you and for you to bring it into Pa from OH (ref 18 USC 922(a)(3) and (5))

[knight0334]

You can bet the farm that tl_3237 above is correct.

The a handgun must be delivered to a FFL in the recipient's home state to do the transfer. The seller has the option of delivering it via common carrier(Fedex/UPS/etc), using a FFL to ship it to the PA FFL, or driving it to the PA FFL himself(so long as there are no state laws violated in the process).

A person cannot take ownership of a handgun in a state that he doesn't reside in unless it is via bequest(in a will) or intestate succession(family inheritance) - which requires someone to die first.

This has been federal law since 1968, so it's nothing new.

[pfern]

It would be a Federal violation for the seller to transfer possession of the handgun directly to you and for you to bring it into Pa from OH (ref 18 USC 922(a)(3) and (5))

Does this also apply to states like a VT that do not require transfers? Meaning we are not able to make a person to person purchase in VT, drive it back to PA, walk into a shop and complete the FFL process with a bill of sale?

I'm referring to handguns in the above ask.

Thanks in advance for the feedback.

[tl_3237]

Does this also apply to states like a VT that do not require transfers? Meaning we are not able to make a person to person purchase in VT, drive it back to PA, walk into a shop and complete the FFL process with a bill of sale?

I'm referring to handguns in the above ask.

Thanks in advance for the feedback.

The Federal laws previously cited apply to ALL interstate handgun transfers in the US, DC, PR and it's territories (except the Canal Zone).

[knight0334]

Does this also apply to states like a VT that do not require transfers? Meaning we are not able to make a person to person purchase in VT, drive it back to PA, walk into a shop and complete the FFL process with a bill of sale?

I'm referring to handguns in the above ask.

Thanks in advance for the feedback.

If the ownership crosses state lines federal law applies.

In states that don't regulate private transfers, residents of that state can transfer without a FFL. Since you are a resident of PA you cannot take ownership of a handgun from a resident of another state like VT, FL, etc without a PA FFL doing the transfer.

For interstate transfers of long guns a FFL from any state can do the task so long as there aren't any state laws being violated in the process.

[pfern]

Thanks for the information.

Now I've gotta figure out if it's cheaper to ship or become a homeowner in VT

[Gun]

So much over thinking in this thread, my head hurts,
and we still don't know the answer to this;

Exactly what were the circumstances surrounding the original purchase?