Pennsylvania Firearm Owners Association
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  1. #1
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    Default in-state transfer of handgun between 2 CCL holders

    I had always thought that any transfer of a handgun had to go through an FFL. A friend who wants to buy one of my pistols says that because we both have Concealed Carry Licenses, we don;t need to go thru an FFL.

    Is he mistaken?

    Andy

  2. #2
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: in-state transfer of handgun between 2 CCL holders

    Painfully mistaken.

  3. #3
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    Center Ice, Pennsylvania
    (Schuylkill County)
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    Default Re: in-state transfer of handgun between 2 CCL holders

    All transfer of handguns MUST go through an FFL.




    (unless it falls under one of the exemptions, which in this case, it would not)
    III%

  4. #4
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    Tobyhanna, Pennsylvania
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    Default Re: in-state transfer of handgun between 2 CCL holders

    Your friend is sadly mistaken.

    1. Neither of you have CCL, you have LTCF. There is no Concealed Carry License in Pa.

    2. A handgun in Pa. is "registered" to the owner so having a LTCF does nothing to transfer legal ownership from one person to the other. A run on the serial number by LEO thru the unknown database would show the owner as the person who purchased it from the gun shop originaly and to some LEO that means the handgun is NOT yours.

    Take it to an FFL and avoid future hassles
    Last edited by MaDuece; July 15th, 2010 at 02:16 PM.

  5. #5
    Join Date
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    Default Re: in-state transfer of handgun between 2 CCL holders

    Thanks, that's what I thought.

  6. #6
    Join Date
    Mar 2006
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    Mountain Top, Pennsylvania
    (Luzerne County)
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    Default Re: in-state transfer of handgun between 2 CCL holders

    Quote Originally Posted by awander View Post
    I had always thought that any transfer of a handgun had to go through an FFL. A friend who wants to buy one of my pistols says that because we both have Concealed Carry Licenses, we don;t need to go thru an FFL.

    Is he mistaken?

    Andy
    A transfer is a change of ownership.
    All intrastate "transfers", between two Pa. residents, must comply with 18Pa.C.S.6111
    There is NO exemption for the the requirement to go through as FFL and execute a form SP4-113 for a handgun (18Pa.C.S.6102 defined "firearm") for LTCF holders.

    So yes, your friend is mistaken.

    Loans, however, between residents must comply with 18Pa.C.S.6115 and there IS an exception for LTCF holders. This may be the source of his confusion...
    Last edited by Pa. Patriot; July 15th, 2010 at 05:02 PM. Reason: Added links to statutes
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  7. #7
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    Feb 2009
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    Kulpmont, Pennsylvania
    (Northumberland County)
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    Default Re: in-state transfer of handgun between 2 CCL holders

    Quote Originally Posted by MaDuece View Post
    Your friend is sadly mistaken.

    2. A handgun in Pa. is "registered" to the owner so having a LTCF does nothing to transfer legal ownership from one person to the other. A run on the serial number by LEO thru the unknown and unecknowledged database would show the owner as the person who purchased it from the gun shop originaly and to some LEO that means the handgun is NOT yours.

    Take it to an FFL and avoid future hassles
    A handgun is not registered to the owner. The PSP does keep a sales database of handguns purchased/transferred through an FFL. This database would obviously not contain any records on transfers that are exempt from the law requiring transfer through an FFL. For example a grandfather who gives a revolver to his grandson, or a husband who gives a pistol to his wife.

    Selling a handgun to a friend... definitely go through an FFL.

  8. #8
    Join Date
    Mar 2006
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    Mountain Top, Pennsylvania
    (Luzerne County)
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    Default Re: in-state transfer of handgun between 2 CCL holders

    Quote Originally Posted by MaDuece View Post
    Your friend is sadly mistaken.

    1. Neither of you have CCL, you have LTCF. There is no Concealed Carry License in Pa.

    2. A handgun in Pa. is "registered" to the owner so having a LTCF does nothing to transfer legal ownership from one person to the other. A run on the serial number by LEO thru the unknown database would show the owner as the person who purchased it from the gun shop originaly and to some LEO that means the handgun is NOT yours.
    There is no registration in Pa.

    If an LEO runs your gun through the database of SP4-113's it means nothing in regard to who currently owns the firearm. Some police do not understand this, and ILLEGALLY search your property, but again, the database is NOT an ownership registry no matter what a police officer thinks or does.

    Existing thread with more detail:
    http://forum.pafoa.org/general-2/414...nsfers-pa.html
    _________________________________________

    danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
    you won't, I will not sit with my thumb up my bum and complain, because you will.
    Remember Meleanie

  9. #9
    Join Date
    Jun 2010
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    Sigel, Pennsylvania
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    Default Re: in-state transfer of handgun between 2 CCL holders

    If your friend is in possession of any handguns that he received without going through an FFL that didn't come from his wife, parents, grandparents, kids, or grand kids... he has what I imagine would be considered stolen property.

  10. #10
    Join Date
    Dec 2008
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    Windsor Twsp., Pennsylvania
    (York County)
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    Default Re: in-state transfer of handgun between 2 CCL holders

    Quote Originally Posted by electronics View Post
    If your friend is in possession of any handguns that he received without going through an FFL that didn't come from his wife, parents, grandparents, kids, or grand kids... he has what I imagine would be considered stolen property.


    Unless said "friend" has his LTCF *and* the firearm was legitimately loaned to him.
    While many claim to support the right, precious few support the practice.

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