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April 15th, 2010, 08:44 PM #1Senior Member
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Glenolden,
Pennsylvania
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I dont know where to find the answer to this question
Can I as a Pennsylvanian buy a gun in DE?
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April 15th, 2010, 08:47 PM #2
Re: I dont know where to find the answer to this question
Handgun, no.
Long gun, maybe.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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April 15th, 2010, 09:10 PM #3
Re: I dont know where to find the answer to this question
I dont think the long gun should be a problem in DE if you are buying from a FFL.
But as the man above said about handguns, no. You can pay for it there, but the DE FFL will have to be shipped to a FFL in PA to complete the transfer.
If you are doing a private transfer of a long gun, it will have to go through a FFL in either DE or PA. Private transfer of handguns, only through a FFL in your state of residence.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
Don't end up in my signature!
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April 15th, 2010, 09:36 PM #4Senior Member
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Glenolden,
Pennsylvania
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Re: I dont know where to find the answer to this question
Alright thanks
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April 15th, 2010, 09:40 PM #5
Re: I dont know where to find the answer to this question
The term you're looking for is "Contiguous State" purchases and transfers. As I recall, the basic condition is that possession of said firearm in question must be legal in both states, and it may be limited to long guns. IOW, you wouldn't be permitted to buy an AKM in New Jersey, nor can a New Jersey resident purchase an AKM in Pennsylvania.
I don't recall the PA-DE status, you'll need to search either Google or PA & DE gun laws.
A few random related links:
- http://delcode.delaware.gov/title28/c008/index.shtml
- http://www.nraila.org/statelawpdfs/DESL.pdf
- http://www.acslpa.org/pa_uniform_firearms_act.htm
As a fallback, you can always get an FFL to handle the transfer. Costs a little money, but prevents any problem with the law, real or perceived.Gloria: "65 percent of the people murdered in the last 10 years were killed by hand guns"
Archie Bunker: "would it make you feel better, little girl, if they was pushed outta windows?"
http://www.moviewavs.com/TV_Shows/Al...he_Family.html
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April 16th, 2010, 08:27 AM #6
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April 16th, 2010, 08:28 AM #7Super Member
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S.E.,
Pennsylvania
(Chester County) - Posts
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Re: I dont know where to find the answer to this question
Yes, you can buy a long gun in Delaware bein ga Pa resident with no problems. I've done it several times, its no big deal. As to handguns, I think the other person is correct who mentioned that you can buy it in Delaware, but would have to have it transferred to an FFL holder in Pa and have all paperwork filled out in the process. I don't know exactly what paperwork you'd have to fill out for a transfer like this because I've never bought a handgun out of state.
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April 16th, 2010, 11:36 AM #8
Re: I dont know where to find the answer to this question
The issue is not 'buying' but 'take possession of' the purchase.
Yes you can 'buy' a firearm in any state but under Federal law:
1. you can only take possession of a longarm from an FFL of any state;
2. you can only take possession of a handgun from an FFL in your home state.
As to 'contiguous' states, that designation was part of an exemption to the GCA of 1968 for interstate purchases if both the contiguous states enacted legislation to allow such cross-border sale. It has since been obviated by FOPA of 1986 and the rules, as shown, above are now the effect.IANAL
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April 16th, 2010, 11:45 AM #9
Re: I dont know where to find the answer to this question
From the BATFE:
Q: From whom may an unlicensed person acquire a firearm under the GCA?
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]
Q: 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?
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.
[18 U.S.C. 922(a)(3) and 922(b)(3)]
Q: May an unlicensed person obtain ammunition from an out-of-State source?
Yes, provided he or she is not a person prohibited from possessing or receiving ammunition.
[18 U.S.C. 922(g) and (n)]Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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April 16th, 2010, 11:13 PM #10Grand Member
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Philadelphia,
Pennsylvania
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Re: I dont know where to find the answer to this question
Thanks, that's good to know. I always assumed I couldn't buy a longarm out of state and I passed up a few that I was interested in at DE shops because of it.
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