Pennsylvania Firearm Owners Association
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  1. #1
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    Default PA class 3 dealer ?

    has anyone ever heard of a situation like this before?

    "I simply worked with a Class III dealer in the state in which I planned to keep the Class III weapon. The Form 4 that I filled out used my California address, but I included an attachment that stated my intent to keep the weapon out-of-state, and provided the physical address where I planned to store it when I am not there. I filled out the Form 4 as an individual, and got the CLEO signoff on the back page, specifically for the Sheriff of the country where I planned to store the weapon.I sent in the Form 4 on 05/16/2007, the $200 check was cashed by the ATF on 05/22/2007, and approval was granted on 06/11/2007. Less than a month. I picked up the suppressor from the Class III dealer on 06/30/2007."

    could something like this be done with a NJ resident planning on keeping something with a PA resident that is a friend of mine?

  2. #2
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    Dec 2007
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    Northampton County, Pennsylvania
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    Default Re: PA class 3 dealer ?

    Generally, only a single person or entity can take possession of and continue to posses a Title II item. You cannot leave it with a "friend" anywhere. Even if you lived in PA you could not leave it with another friend. There may be ways around this. Such as maintaining absolute possession in your absence (with no access to others), corps, trusts, dealers, but all are fraught with peril. Then again, maybe not.

    I am not a lawyer. Hire one before you try something like this. Based on your idea, save your cash, I don't think you can do it.

  3. #3
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    Default Re: PA class 3 dealer ?

    i do see how you can run into problems for sure but im curious if anyone has ever heard of a situation like this. Maybe if the class 3 item was locked in a location in PA and the person who owned it was the only person with the key or something like that.

  4. #4
    Join Date
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    East side of the ANF, Pennsylvania
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    Default Re: PA class 3 dealer ?

    Quote Originally Posted by devilmoon View Post
    i do see how you can run into problems for sure but im curious if anyone has ever heard of a situation like this. Maybe if the class 3 item was locked in a location in PA and the person who owned it was the only person with the key or something like that.

    That is the requirement for any NFA weapon or suppressor. The person or entity on the Form 4 or Form 1 MUST be in full control of the NFA item at any time, and it must be stored securely such that no one else has access. My wife cannot have access to my NFA stuff in my absence because the items were transferred individually, not as a trust or corp.

    As to the question in the OP, Form 4, Box 2a is to be completed with the transferee's name and address or the name and address of the trust or corporation, and the address is the address where the item will be stored. If you the items are to be stored elsewhere, the address is to be updated with NFA Branch after the initial transfer takes place. It is possible that the California transferee quoted in the OP has "snuck one under the radar," unless the rules have again changed (as if that ever happens . . . )


    Noah
    Last edited by Noah_Zark; February 10th, 2010 at 03:54 PM.

  5. #5
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    State College, Pennsylvania
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    Default Re: PA class 3 dealer ?

    Quote Originally Posted by Noah_Zark View Post
    My wife cannot have access to my NFA stuff in my absence because the items were transferred individually, not as a trust or corp.


    Noah
    This is how I filled my gun safe up with 3 more guns without my wife knowing!!!

    "Sorry sweetheart, but you can't see in the gun safe."

  6. #6
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    Default Re: PA class 3 dealer ?

    what i guess im really trying to find out is, does the person owning the class 3 item actully have to reside where the class 3 items are to be kept. I assume they do but im just curious as to the answer after hearing about that cali situation.

  7. #7
    Join Date
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    Rural Countryside of York, Pennsylvania
    (York County)
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    Default Re: PA class 3 dealer ?

    Many folks purchase an item and have it stored (transfered into) their class 3 dealers inventory for storage.

    Especially if it's purchased as an investment (like a machinegun). It would be easier to (re)sell at a later date if it's transfering out on a form 3.

    Now, if you're a resident of a commie state, it would behove you to make sure your dealer has a range in order for you to "use" your toy on. Otherwise, you wouldn;t ever be able to play with it (without the dealer present, as on paper it's his inventory).
    Wouldn't you like to know what's in my safe.

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