Pennsylvania Firearm Owners Association
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  1. #1
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    Default Gun purchase at out of state gun show: registration required?

    Hello.

    I am a long-time reader but only recently a member.

    I have a quick question. If I were to purchase a gun in another state (e.g. Delaware) at a Gun show, where at the most the only proof of ownership that I would get would be a "bill of sale" and I brought that gun to PA, would I be required to register it since I didn't purchase it from or in the presence of a licensed dealer?

    I do know that there is no law requiring the registration of guns in PA but could/would the cops charge me with some crime if I had to use it to defend my home or family and the cops came and noted that I used an "unregistered" gun?

    Anyone who has any info in this regard, please do share.

    Thanks in advance.

  2. #2
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    Default Re: Gun purchase at out of state gun show: registration required?

    Federal law requires that any gun sold to a resident of another state must be transferred through an FFL. Any handgun sold to a resident of another state must be transferred through an FFL in the purchaser's state of residence.

    It is against state law to register a gun in Pennsylvania, but if it is transferred by a PA FFL it will be in the PSP's "sales database."

  3. #3
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    Default Re: Gun purchase at out of state gun show: registration required?

    Quote Originally Posted by donm View Post
    Federal law requires that any gun sold to a resident of another state must be transferred through an FFL. Any handgun sold to a resident of another state must be transferred through an FFL in the purchaser's state of residence.

    It is against state law to register a gun in Pennsylvania, but if it is transferred by a PA FFL it will be in the PSP's "sales database."
    That's true, if the OP was a PA resident at the time of the DE purchase.

    On the other hand, if you purchase a handgun while living in another state, and bring it with you when you move to PA (a very common situation), local cops will not find it in the PSP "database". A lot of cops are uneducated, and they believe that it's somehow illegal for you to possess an "unregistered" pistol. They'll seize your gun, and after they browse through the Crimes Code and realize the scope of their error, they won't charge you with anything. But they'll keep the gun anyway. You'll have to file a petition in Common Pleas Court to undo their mistake.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
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  4. #4
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    Default Re: Gun purchase at out of state gun show: registration required?

    Quote Originally Posted by donm View Post
    Federal law requires that any gun sold to a resident of another state must be transferred through an FFL. Any handgun sold to a resident of another state must be transferred through an FFL in the purchaser's state of residence.

    It is against state law to register a gun in Pennsylvania, but if it is transferred by a PA FFL it will be in the PSP's "sales database."
    If this is the case then would that mean that I cannot purchase a gun at a gun show out of state? Or is there a way to get it transferred through an FFL at a gun show?

  5. #5
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    Default Re: Gun purchase at out of state gun show: registration required?

    Quote Originally Posted by stud40111 View Post
    If this is the case then would that mean that I cannot purchase a gun at a gun show out of state? Or is there a way to get it transferred through an FFL at a gun show?
    A long gun could be transferred to you by an FFL there; nothing more to do. A handgun would have to be shipped to na FFL in Pennsylvania, and you would then go through the same process (forms, PICS check, etc.) as if you were buying it from them before you could take possession. You'd need to factor the shipping and FFL fee into the price you pay. Some dealers and most private individuals will refuse to ship a handgun out of state. It becomes a real mess if they ship it to the FFL and you don't pass the background check. And many FFLs will only accept a shipment from another FFL.

  6. #6
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    Default Re: Gun purchase at out of state gun show: registration required?

    Although in nearby states it isn't unusual to find a PA FFL doing paperwork.
    "...a REPUBLIC, if you can keep it."

  7. #7
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    Default Re: Gun purchase at out of state gun show: registration required?

    Quote Originally Posted by wa3ra View Post
    Although in nearby states it isn't unusual to find a PA FFL doing paperwork.
    IIRC Pa FFL's cannot do business with non-licensees in states other than Pa. They could get a separate FFL for an out-of-state location but, when they sell out of that state, they are not considered a Pa FFL while performing outside Pa.


    As donm correctly stated, the non-licensee OP could take possession of longarms from any FFL but handguns must be delivered by a Pa FFL while in Pa.
    IANAL

  8. #8
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    Default Re: Gun purchase at out of state gun show: registration required?

    Quote Originally Posted by GunLawyer001 View Post
    That's true, if the OP was a PA resident at the time of the DE purchase.

    On the other hand, if you purchase a handgun while living in another state, and bring it with you when you move to PA (a very common situation), local cops will not find it in the PSP "database". A lot of cops are uneducated, and they believe that it's somehow illegal for you to possess an "unregistered" pistol. They'll seize your gun, and after they browse through the Crimes Code and realize the scope of their error, they won't charge you with anything. But they'll keep the gun anyway. You'll have to file a petition in Common Pleas Court to undo their mistake.
    In such a scenario, do you think they would make me account for how I came to acquire the unregistered pistol? Would I have to show them the bill of sale or proof that I previously lived in another state?

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