Pennsylvania Firearm Owners Association
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  1. #1
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    Default Buying a gun in PA with an out of state license

    I the next month or so I plan on buying my first handgun. I recently moved to PA, but I currently have an Arizona drivers license. In a cursory talk with the counter clerk in Cabela's a while back when I was just seeing what was involved the man said that there is no issue with buying a gun with a PA license provided I pass the background check. I would like to keep my AZ license for as long as I possibly can for a number of reasons (for one thing my AZ license doesn't expire until 2050 :O ). I will point out that I have a spotless criminal record as well so there is no issue with the background check or anything. Is there any way that I can legally buy a gun in PA with an out of state license or do I need to be having a 3 day weekend in Phoenix in the near future? Also is the AZ CCW retroactive with PA's LTCF? Thank you!

  2. #2
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    Default Re: Buying a gun in PA with an out of state license

    Quote Originally Posted by Atrumnex View Post
    I the next month or so I plan on buying my first handgun. I recently moved to PA, but I currently have an Arizona drivers license. In a cursory talk with the counter clerk in Cabela's a while back when I was just seeing what was involved the man said that there is no issue with buying a gun with a PA license provided I pass the background check. I would like to keep my AZ license for as long as I possibly can for a number of reasons (for one thing my AZ license doesn't expire until 2050 :O ). I will point out that I have a spotless criminal record as well so there is no issue with the background check or anything. Is there any way that I can legally buy a gun in PA with an out of state license or do I need to be having a 3 day weekend in Phoenix in the near future?
    As far as I'm aware, with an Arizona driver's license, you're considered an out-of-state purchaser here in Pennsylvania, which means that transfers of handguns must go through an FFL in your home state. So, you can purchase a handgun at Cabela's in PA, but then they'd have to ship it to an FFL in Arizona where you'd take delivery of it.

    Are you in the military and stationed here in Pennsylvania? If not, and you're an actual resident, you should get a Pennsylvania driver's license.

    Quote Originally Posted by Atrumnex View Post
    Also is the AZ CCW retroactive with PA's LTCF? Thank you!
    I'm assuming you mean "reciprocal", as in: does Pennsylvania recognize Arizona's CCW? The answer to that question is yes. However, if you're a resident of Pennsylvania, it's to your advantage to have a PA LTCF because of LEOs who may be ignorant of reciprocity, as well as the Federal Gun-Free School Zones Act:

    Title 18 U.S.C. § 922 (q)

    (2)

    (A) It shall be unlawful for any individual knowingly to possess a firearm that has moved in or that otherwise affects interstate or foreign commerce at a place that the individual knows, or has reasonable cause to believe, is a school zone.

    (B) Subparagraph (A) does not apply to the possession of a firearm—
    (i) on private property not part of school grounds;

    (ii) if the individual possessing the firearm is licensed to do so by the State in which the school zone is located or a political subdivision of the State, and the law of the State or political subdivision requires that, before an individual obtains such a license, the law enforcement authorities of the State or political subdivision verify that the individual is qualified under law to receive the license;

    (iii) that is—
    (I) not loaded; and

    (II) in a locked container, or a locked firearms rack that is on a motor vehicle;
    (iv) by an individual for use in a program approved by a school in the school zone;

    (v) by an individual in accordance with a contract entered into between a school in the school zone and the individual or an employer of the individual;

    (vi) by a law enforcement officer acting in his or her official capacity; or

    (vii) that is unloaded and is possessed by an individual while traversing school premises for the purpose of gaining access to public or private lands open to hunting, if the entry on school premises is authorized by school authorities.
    Last edited by kcr121; July 8th, 2010 at 11:36 AM.

  3. #3
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    Default Re: Buying a gun in PA with an out of state license

    You're required by law to obtain a PA license if you have permanent residence here. If one of the reasons you're not is for cheaper insurance, you are commiting insurance fraud.

    Just FYI.

  4. #4
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    Default Re: Buying a gun in PA with an out of state license

    Quote Originally Posted by Atrumnex View Post
    I the next month or so I plan on buying my first handgun. I recently moved to PA, but I currently have an Arizona drivers license. In a cursory talk with the counter clerk in Cabela's a while back when I was just seeing what was involved the man said that there is no issue with buying a gun with a PA license provided I pass the background check. I would like to keep my AZ license for as long as I possibly can for a number of reasons (for one thing my AZ license doesn't expire until 2050 :O ). I will point out that I have a spotless criminal record as well so there is no issue with the background check or anything. Is there any way that I can legally buy a gun in PA with an out of state license or do I need to be having a 3 day weekend in Phoenix in the near future? Also is the AZ CCW retroactive with PA's LTCF? Thank you!
    Unfortunately you can’t have it both ways in PA according to Penndot you can't keep an out of state operator’s license and still be a resident of PA unless you meet one of the exceptions..

    http://www.dmv.state.pa.us/new_resid..._license.shtml
    All new residents with out-of-state non-commercial driver's licenses must obtain a PA Driver’s License within 60 days of establishing Pennsylvania residency. To apply, you must appear in person at one of our Driver License Centers. You will be required to surrender your out-of-state driver’s license (valid or expired six months or less) before PennDOT can issue you a PA Driver's License. You will need to take a vision-screening test and complete Form DL-180R “Application for Pennsylvania Non-Commercial Driver’s License By Out-of-State Non-CDL Driver.” In addition, you will need to show proof of identification and residency and your Social Security card. Please visit our fees page for information on the fee for the product you will be requesting
    There are exceptions to the rule above like there are for anything else.

    Know of first hand people that still keep there out of state plates and operator licenses while they have been working in the gas drilling industry for over a year or more while renting homes in PA.

    The problem is when you buy firearms from a FFL dealer you can’t keep one foot on the shore and one foot on the boat.. You are either a PA resident or an out of state resident and filling out the paperwork you are signing a legal binding document that could be use to prosecute you in the future.

    Also when it comes to private sales of long guns (no private sales of hand guns in PA) you also could have problems of buying and selling of firearms in PA with keeping your AZ license as you would not be considered a resident of PA, unless you meet one of the exceptions. Someone will have more detailed answer to your specfic question with quoting the law.

    If you are a PA resident you need a PA LTCF permit with a few exceptions again for certain out of state non resident license

    Coming from a much friendlier state like AZ you are going to find PA has many complex & restrictive firearm laws that you have to learn.

    PA Uniform Firearm Act (UFA) is listed here and numerous post on PAFOA about exceptions to UFA
    http://acslpa.org/html/pa_uniform_firearms_act1.html


    Welcome to the forums BTW

  5. #5
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    Default Re: Buying a gun in PA with an out of state license

    Whenever you change your address or residence in PA, you have 10 days to change your drivers license. If you have made residence within PA, and have lived here at your new home for 10 days you are now required to change your license by law.
    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

    Don't end up in my signature!

  6. #6
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    Default Re: Buying a gun in PA with an out of state license

    Quote Originally Posted by knight0334 View Post
    Whenever you change your address or residence in PA, you have 10 days to change your drivers license.
    PennDOT says 15 days.

    From http://www.dmv.state.pa.us/pdotforms.../chapter15.pdf:

    § 1515. Notice of change of name or address.

    (a) Driver's license.--Whenever any person after applying for or receiving a driver's license moves from the address named in the application or in the driver's license issued or when the name of a licensee is changed, such person shall, within 15 days thereafter, notify the department of the old and new addresses or of such former and new names and of the number of any license then held by the person. The department shall be notified of a change of name in writing.

  7. #7
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    Default Re: Buying a gun in PA with an out of state license

    Quote Originally Posted by WhiteFeather View Post
    [COLOR="blue"] The problem is when you buy firearms from a FFL dealer you can’t keep one foot on the shore and one foot on the boat.. You are either a PA resident or an out of state resident and filling out the paperwork you are signing a legal binding document that could be use to prosecute you in the future.
    There are a few situations in which ATF considers you a resident of two states. One is if you own property in another state, ATF considers you a resident of that state when you are staying there. Another is for college students going to school in a state other than their home state. The third is with the military, according to ATF, you are a resident of your home state, the state where you live and the state where you are stationed.
    Last edited by Wiley-X; July 9th, 2010 at 01:23 AM.

  8. #8
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    Default Re: Buying a gun in PA with an out of state license

    Hmm, it seems that regardless of my status as an out of state license holder, nothing really helps my cause in terms of firearms purchasing. *kicking self for not buying something when I first started considering it before I moved*. Regardless, thanks to everyone for their input / advice / research you've all been most helpful in answering my questions!

  9. #9
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    Default Re: Buying a gun in PA with an out of state license

    Quote Originally Posted by kcr121 View Post
    That seems to be from moving from one PA residence to another PA residence.

    Is it the same limit for moving from a residence in another state to a PA residence? Anyone have a statute?

    §1609(c) says
    (c) New residents.—No person who is a resident of this commonwealth for 30 days shall drive a commercial motor vehicle under the authority of a commercial driver’s license issued by another jurisdiction.
    Seems to be CDLs only.

    All new residents with out-of-state non-commercial driver's licenses must obtain a PA Driver’s License within 60 days of establishing Pennsylvania residency. To apply, you must appear in person at one of our Driver License Centers. You will be required to surrender your out-of-state driver’s license (valid or expired six months or less) before PennDOT can issue you a PA Driver's License. You will need to take a vision-screening test and complete Form DL-180R “Application for Pennsylvania Non-Commercial Driver’s License By Out-of-State Non-CDL Driver.” In addition, you will need to show proof of identification and residency and your Social Security card. Please visit our fees page for information on the fee for the product you will be requesting.
    What statute does that come from?
    Last edited by anonymouse; July 9th, 2010 at 09:52 AM.

  10. #10
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    Default Re: Buying a gun in PA with an out of state license

    Quote Originally Posted by kcr121 View Post
    Quote Originally Posted by anonymouse View Post
    That seems to be from moving from one PA residence to another PA residence.
    That's what I was referring to. For out-of-state residents who establish residency in Pennsylvania, there seems to be conflicting information. The most accurate answer I can come up with for that situation is what WhiteFeather posted above:

    All new residents with out-of-state non-commercial driver's licenses must obtain a PA Driver’s License within 60 days of establishing Pennsylvania residency. To apply, you must appear in person at one of our Driver License Centers. You will be required to surrender your out-of-state driver’s license (valid or expired six months or less) before PennDOT can issue you a PA Driver's License.

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