Anyway around having both aprties present for pistol transfer????

[Xringshooter]

Grandma gifts to granddaughter (your wife), wife gifts to spouse (you), no paperwork is required anywhere. Then when you get up in years you can gift to your son or daughter or grandson or granddaughter with no paperwork what so ever (per the laws in effect at this time).

Happy Shooting!

[knight0334]

Its an interstate transfer. Federal law must be followed. PA's exemption between close relatives is moot to this issue.

The grandparents from MD must deliver to a FFL in PA either by common carrier or drop it off in person. Once delivered to the FFL in PA, it can be transfered at leisure to the PA resident.

It wont be a private-to-private transfer, the only private transfers across state lines are bequeathed firearms - that requires someone's death.

[normanvin]

Its an interstate transfer. Federal law must be followed. PA's exemption between close relatives is moot to this issue.

The grandparents from MD must deliver to a FFL in PA either by common carrier or drop it off in person. Once delivered to the FFL in PA, it can be transfered at leisure to the PA resident.

It wont be a private-to-private transfer, the only private transfers across state lines are bequeathed firearms - that requires someone's death.

I hear what you are saying. But it says

(c) Duty of other persons.-Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sher*iff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild

[knight0334]

I hear what you are saying. But it says

(c) Duty of other persons.-Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sher*iff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild

That is PA law for transfers between PA residents. The grandparents are from MD, the recipient is a PA resident - it is an interstate transfer and federal law comes first. It must go through a FFL within PA before being transferred to a PA resident. The only way around it is for the grandparent to put the firearm in their will and then to die.

US Congress has the power to regulate all interstate commerce/transfers and has law in place. I'm surprised the FFL's that replied to this thread overlooked that.

[Statkowski]

knight0334, I understand where you're coming from, but the Pennsylvania makes no mention at all concerning residency.

Can the grandparents legally transport the firearm from Maryland to Pennsylvania?

Once here, can the grandparents give the firearm to their granddaughter?

Once the granddaughter has the firearm in her hot little grubbies, can she not then give the firearm to her husband?

Sure seems like a legal loophole to me.

[knight0334]

http://www.law.cornell.edu/uscode/ht...2----000-.html


TITLE 18 > PART I > CHAPTER 44 > § 922(a)


(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, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

[knight0334]

knight0334, I understand where you're coming from, but the Pennsylvania makes no mention at all concerning residency.

Can the grandparents legally transport the firearm from Maryland to Pennsylvania?

Once here, can the grandparents give the firearm to their granddaughter?

Once the granddaughter has the firearm in her hot little grubbies, can she not then give the firearm to her husband?

Sure seems like a legal loophole to me.

You have to follow federal law first. All interstate transfers have to go through a FFL in the receiving party's state - except bequeathed firearms.

Can the grandparents deliver to the PA FFL - I'd lean to yes.

There is one other way for the grandparent to paperlessly give the firearm to the granddaughter and that is to move here and establish legal residency. Until residency or bequeathal happens - it must go through a FFL.

Once the granddaughter legally obtains the firearm the husband may possess, own, carry, etc at leisure within PA's law exempting spouses, parents, kids, and grandparents. It has to enter PA legally first and abide by federal law. Until then, PA's law is moot.

[normanvin]

http://www.law.cornell.edu/uscode/ht...2----000-.html


TITLE 18 > PART I > CHAPTER 44 > § 922(a)


(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, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

Looks like you are right. Man your avatar is distracting when trying to read your post.

[Xringshooter]

Yeah, I missed the visiting from MD.

[Brown-Bear]

OK so It looks like I gotta go thru the FFL after all. I thought I might. Thanks for the input guys and girls.

Dave