Transfer firearm

[Stephen Muccione]

My neice’s husband, a police officer in NJ, plans to give me his personal S&W 357 Magnum, Model 66-1.
I have a License to Carry Firearms so I believe the gun can be transferred to me without any third
party or governmental involement. He just hands me gun and I keep it.

Am I correct?

Thanks - Steve

[JB19Kilo]

Noooooooooo. My understanding is that the only instance in which you can transfer a pistol without paperwork in PA is spouse to spouse or parent to child. And I don't even know how that would apply once you throw Jersey into the mix.

IANAL

[PaBimmerGuy]

not if you want to follow the law unless your neices husband lives in pennsylvania.

all gun transfers between residences of different states must go through an FFL. he can ship it to your dealer, have hsi dealer ship it to your dealer or just come visit and hand carry it to your dealer. but you have to fill out a 4473 at a dealer in pennsylvania to get the gun.

if you arent concerned wiht following the law just ignore everything that i said.

[jcabin]

Having a LTCF means nothing. LTCF simply allows you to carry a loaded firearm in your vehicle, and conceal it on your person if you like. Every time you want to buy or sell a handgun to another citizen, you ABSOLUTELY MUST go to a gun shop to transfer a handgun in the state of pennsylvania.

There are a few exceptions;
If you are husband and wife, child and parent, or child and grandparent, you may sell or give firearms (under PA statutory law, we call handguns firearms) to eachother without having to go through a FFL(federal firearm licensee/gun shop). However, in order for that to be lawful, both the giver and the receiver must be residents of Pennsylvania.

I can only assume since your neices husband is a NJ police officer, that he lives in new jersey, and has a new jersey drivers license. If that is true, he cannot just give the gun to his wife, even if she is a full time Pennsylvania resident. Your neices husband can bring the gun to pa, and then they can go to any gun shop and have it lawfully transferred into her possession for $25-30.

If I missed anything someone will come along and fill you in on the rest.

I see you're located in brodheadsville. Are you familiar with American Sport Shooting on route 209? You can contact the owner Rich and he will help you with the transfer.

[Stephen Muccione]

Thanks guys but it may be that the ‘license to carry’ does exempt a person from the normal requirements per:

“It is unlawful to lend, give, or otherwise transfer a handgun unless exempted by law or by following the procedure previously described.
Exempted is a person who receives the handgun and has a license to carry or who is engaged in a Pennsylvania Game Commission or
NRA hunter safety, firearm training, or competition program or who is engaged in hunting or trapping.”

I’ve not been able to locate the above paragraph in the actual law however.

Thanks Steve

[tlgpa]

Thanks guys but it may be that the ‘license to carry’ does exempt a person from the normal requirements per:

“It is unlawful to lend, give, or otherwise transfer a handgun unless exempted by law or by following the procedure previously described.
Exempted is a person who receives the handgun and has a license to carry or who is engaged in a Pennsylvania Game Commission or
NRA hunter safety, firearm training, or competition program or who is engaged in hunting or trapping.”

I’ve not been able to locate the above paragraph in the actual law however.

Thanks Steve

The exemption for giving a handgun to someone with a LTCF is covered in 18 Pa.C.S. § 6115: Loans on, or lending or giving firearms prohibited.

You are not looking to have it loaned to you. You are looking to have in transfered to your ownership. That is covered in 18 Pa.C.S. § 6111: Sale or transfer of firearms.
You MUST go through a FFL for this because you do not meet the Exemptions in 6111.

These are the laws you are looking for.
18 Pa.C.S. § 6111: Sale or transfer of firearms
18 Pa.C.S. § 6115: Loans on, or lending or giving firearms prohibited

[tl_3237]

What is controlling here is FEDERAL law, not just PA law.

FEDERAL law requires all transfers between residents of different states to go through a licensee (FFL) [18 USC 922(a)(5)]. The donor in this case (NJ resident) would be in violation with a potential 5 year Federal sentence.

[Stephen Muccione]

I finally found it under § 6111 (f)

§ 6111. Sale or transfer of firearms. A
a. Time and manner of delivery. --
1. Except as provided in paragraph (2), no seller shall deliver a firearm to the purchaser or transferee thereof until 48 hours
shall have elapsed from the time of the application for the purchase thereof, and, when delivered, the firearm shall be
securely wrapped and shall be unloaded.
2. Thirty days after publication in the Pennsylvania Bulletin that the Instantaneous Criminal History Records Check System
has been established in accordance with the Brady Handgun Violence Prevention Act
(Public Law 103-159, 18 U.S.C. § 921 et seq.), no seller shall deliver a firearm to the purchaser thereof until the provisions
of this section have been satisfied, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.

Many paragraphs later----

f. Application of section. --
1. For…
2. The…
3. The provisions contained in subsection (a) shall not apply to any law enforcement officer whose current identification
as a law enforcement officer shall be construed as a valid license to carry a firearm
or any person who possesses a valid license to carry a firearm under section 6109 (relating to licenses).

So to me it seems that a ‘License to Carry’ allows me to accept the gun and keep it in compliance with Federal and state law.d.

Please give me your thoughts.

Thanks - Steve

[tl_3237]

That exemption ONLY applies to the old waiting period and having to deliver the firearm wrapped/unloaded. It does NOT modify the requirements of subsection (c) which is applicable to your situation and subsection (b) which is what the FFL must do. The NJ resident must use a PA FFL to be compliant with Federal (18 USC 922(a)(5)) and Pa (18 Pa CSA 6111) law.

[JayBell]

it is a FELONY to transfer firearms between residents of different states without going thru a FFL on the buyers or receiving persons end, that counts for handguns OR long arms.

you have now been quoted the federal law several times, this is FEDERAL law, not PA law, there is no exemption or loophole.