Can Pennsylvania charge you with possession of an antique firearm out of state?

[Monie5115]

I just moved to West Virginia and they allow you to have antique firearms in the state(the federal government does too) but it's prohibited in Pennsylvania cause I'm a prohibited person under pa law. Can Pennsylvania come after you for a firearm charge for possession in West Virginia because I was a resident of pa earlier this year for more than 181 days for this year's tax calendar. For tax purposes pa says your a resident if it's more than 181 days for taxes and I was told by a lawyer before i moved if I had a drivers license from pa but I possess a firearm in West Virginia only(not cross state lines with the antique firearm, it stays in West Virginia) pa can still charge you. I switched everything to West Virginia including my drivers license also but still a resident for tax purposes according to Pa cause I lived there earlier this year. My job is in Pa also still. West Virginia considered me a resident cause I've been here more than 30 days and I have a domicile and registration and drivers license there btw. I'll quit my job if it still makes me a resident under pa or if I'm still considered a resident until the next tax year I'll wait till then to buy it I Just wanted to see if anyone knows anything about it?

[red dog]

If you*re prohibited why do you have a firearm irregardless of it being an antique? Keep posting and someone will be with you shortly.

[bigandy1966]

Antique as in blackpowder? Or Antique as in transferable through an ffl gun ?

[tl_3237]

IMO - NO provided the firearm is not in your possession while you are physically in PA. Residency has no effect.

18 Pa CSA § 6105. Persons not to possess, use, manufacture, control, sell or transfer firearms.

(a) Offense defined.--

(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth.

(i) Firearm.--As used in this section only, the term "firearm" shall include any weapons which are designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

https://www.legis.state.pa.us/CFDOCS....&subSctn=000.

[R L Suehr]

Antique as in blackpowder? Or Antique as in transferable through an ffl gun ?

Doesn't necessarily have to be black powder. Anything 1898 and prior is considered an antique and not defined as a "firearm " by the feds. PA has it's own laws prohibiting possession of them. If WV doesn't have any law against it, then it's legal for anyone to possess one there, even if they're prohibited from owning a "firearm " as defined by the feds.

[Monie5115]

I don't have it yet but specifically a black powder made before 1898 firearm is legal federally and legal in Pennsylvania. I believe in the 2nd amendment but got screwed over by agrecious Pennsylvania laws so I'd like to exercise what right I still have

[Monie5115]

Antique as in blackpowder? Or Antique as in transferable through an ffl gun ?

Antique as in black powder firearm made before 1898. The federal definition that makes it legal for a prohibited person to possess Federally and any law that merged that state wise.

[free]

Under what theory could PA charge someone under PA law for activities not conducted in PA?

If the agent of legal consent were 18 in PA, but only 15 in WV, do you think PA could charge you for boinking a teeny hopper in WV?

Point of note: I realize the Federal govt can charge its citizens for out of country activities, but that isn't what OP is asking.

[Monie5115]

IMO - NO provided the firearm is not in your possession while you are physically in PA. Residency has no effect.


https://www.legis.state.pa.us/CFDOCS....&subSctn=000.

Oh ok then that makes sense yeah if that's true, have no intention of crossing state lines with the antique firearm to pa it just had me worried cause I talked to a lawyer a while back before I moved saying something about having a drivers license previously from pa while being a resident there would make me liable even if I was only possessing it in West Virginia according to Pa

[free]

Oh ok then that makes sense yeah if that's true, have no intention of crossing state lines with the antique firearm to pa it just had me worried cause I talked to a lawyer a while back before I moved saying something about having a drivers license previously from pa while being a resident there would make me liable even if I was only possessing it in West Virginia according to Pa

That doesn't even pass the common sense sniff test.