Pennsylvania Firearm Owners Association
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  1. #1
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    Default state to state private person gun transfer

    hey guys - anyone know what's required to transer a bunch of guns from someone if you buy them out of state from a private party? both handguns and long guns......... a friend of mine who doesn't have computer access got some guns from a friend of his in CT and brought them back here to test them all and now he wants to buy them - in CT you just send in some papers saying you transferred the guns - is this all that needs to be done?

  2. #2
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    Default Re: state to state private person gun transfer

    all interstate transfers, except bequeathals, must go through a FFL. If the friend owning the handguns and longguns is a CT resident, they must be shipped to a PA FFL for transfer to a PA resident.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot

  3. #3
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    Default Re: state to state private person gun transfer

    If your firend has the guns in his possession right now (in PA), both he and his friend in CT have broken the law. A person can purchase a long arm from a connecting state, as long as they are legal in their home state. A person in a connecting state cannot buy a handgun, interstate commerce of handguns would have to go through a FFL. Interstate commerce of long guns must go through a FFL with the exception of those buying from a bordering state.
    Ron
    USAF Ret E-8
    NRA Endowment Member

  4. #4
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    Default Re: state to state private person gun transfer

    I see its time to post the ATF FAQ YET AGAIN

    you can buy a long gun in ANY state under federal law, not just states bordering your states.

    Folks, please bookmark this link, this page will answer 99% of questions like this:
    http://www.atf.treas.gov/firearms/faq/index.htm

    specifically:

    http://www.atf.treas.gov/firearms/faq/faq2.htm#b1

    (B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


    A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]



    (B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

    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? [Back]


    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
    "Oderint Dum Metuant" - BMFH

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    Note: any whingeing crazy that hits my PM inbox will be deleted without reply

  5. #5
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    Default Re: state to state private person gun transfer

    Thanks for the info JayBell, my bad, I forgot that they had changed the long arm purchase rules. I guess that's why you're a Super Moderator, some one has too keep us in line.
    Ron
    USAF Ret E-8
    NRA Endowment Member

  6. #6
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    Default Re: state to state private person gun transfer

    I think I know the answer but would like clarification on this scenario. This scenario was proposed but is not going to happen. A friend of mine in PA (has LTCF) has a friend in WV that wants to sell him a handgun. The guy from WV comes to PA once a month on business. He wanted to let the guy in PA borrow the handgun for one month. One month later, the guy from WV would return and they either go to an FFL to do the sale and transfer or the guy from WV takes the handgun home if the deal does not go through. I assume this would have been a violation of Federal law because taking the handgun to the range for a month to test it out is likely not "temporary use for lawful sporting purposes" ?

  7. #7
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    Default Re: state to state private person gun transfer

    Quote Originally Posted by JayBell View Post
    I see its time to post the ATF FAQ YET AGAIN

    you can buy a long gun in ANY state under federal law, not just states bordering your states.
    New question, I checked the ATF FAQ, now located at:

    http://www.atf.gov/firearms/faq/index.htm

    I cannot find anything about special restrictions for bordering states. Can you please elaborate on these restrictions?

  8. #8
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    Default Re: state to state private person gun transfer

    Quote Originally Posted by ungawa View Post
    New question, I checked the ATF FAQ, now located at:

    http://www.atf.gov/firearms/faq/index.htm

    I cannot find anything about special restrictions for bordering states. Can you please elaborate on these restrictions?
    Holy zombie thread, batman!!!!!!!

    MD, NY, PRNJ, have state imposed "assault weapons" restrictions...

  9. #9
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    Default Re: state to state private person gun transfer

    Quote Originally Posted by fingers80002 View Post
    Holy zombie thread, batman!!!!!!!
    I searched before I asked

  10. #10
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    Default Re: state to state private person gun transfer

    Quote Originally Posted by ungawa View Post
    New question, I checked the ATF FAQ, now located at:

    http://www.atf.gov/firearms/faq/index.htm

    I cannot find anything about special restrictions for bordering states. Can you please elaborate on these restrictions?
    I believe that the 'bordering state' restriction is a holdover from the original GCA of 68. It allowed interstate long-gun purchase in contiguous states provided the home state passed enabling legislation. It forbade non-contiguous sales between non-licensees. That restriction was later changed to allow long-gun purchases interstate (contiguous and non-contiguous).

    That's probably why there was this Pa statute:

    18 Pa CSA §6141. Purchase of Firearms in Contiguous States.

    (a) General rule.—It is lawful for a person residing in this Commonwealth, including a corporation or other business entity maintaining a place of business in this Commonwealth, to pur*chase or otherwise obtain a rifle or shotgun in a state contiguous to this Commonwealth and to receive or transport such rifle or shotgun into this Commonwealth.

    (b) Applicability of section.—

    (1) This section applies to residents of this Commonwealth who obtain rifles or shotguns from a state contiguous to this Commonwealth in compliance with the Gun Control Act of 1968, State laws and local ordinances.

    (2) This section shall not apply or be construed to affect in any way the purchase, receipt or transportation of rifles and shotguns by Federally licensed firearms manufacturers, importers, dealers or collectors.

    (c) Definitions.—

    (1) As used in this section the term “a state contiguous to this Commonwealth” means any state having a common border with this Commonwealth.

    (2) The other terms used in this section shall have the mean*ings ascribed to them by Public Law 90-618 known as the “Gun Control Act of 1968.”
    which was later expanded to allow non-contiguous:

    18 Pa CSA §6141.1. Purchase of Firearms in Contiguous States.
    Nothing in this chapter shall be construed to prohibit a person in this commonwealth who may lawfully purchase, possess, use, control, sell, transfer or manufacture a firearm which exceeds the barrel and related lengths set forth in section 6102 (relating to definitions) from lawfully purchasing or otherwise obtaining such a firearm in a jurisdiction outside this Commonwealth. (Added by L.1997,Act5(3), eff 6/21/97.)
    Last edited by tl_3237; November 22nd, 2009 at 04:05 PM.
    IANAL

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