Transferring firearms between states

[tl_3237]

The ATF agent was wrong with the part in bold. Any type of firearm, whether it be Title I or Title II (rifle, shotgun, handgun, NFA), must go through a FFL for a interstate transfer.

Antique guns are not "firearms" to federal law, so regardless of their design they do not have the requirements.

That is the law. I can provide the entire US Title 18, Chapter 44, Section 922 up if anyone doubts it.

^^^^^ TRUTH

The applicable 922 subsection ((a)(5)) was provided in my post (#9)

[vavulaka]

The ATF agent was wrong with the part in bold. Any type of firearm, whether it be Title I or Title II (rifle, shotgun, handgun, NFA), must go through a FFL for a interstate transfer.

Antique guns are not "firearms" to federal law, so regardless of their design they do not have the requirements.

That is the law. I can provide the entire US Title 18, Chapter 44, Section 922 up if anyone doubts it.

I told the agent that I heard otherwise on gun forums, he said he would call me back. About 10 minutes later he called me after speaking to their lawyers saying that it is fine for my wife's father to give her any long gun (rifle, shotgun etc, antique or not) without getting any paperwork such as FFL he did say that she would need to register the handguns however.
I've read US Title 18 and can see your point, however this is what I've gotten from an actual ATF agent... basically the guys who would be prosecuting me if I did something wrong. I have the agent's name and number if I ever get into any run ins.

[vavulaka]

If you need to check, call the ATF since it is their prime function. And I'll bet ya they will tell you it needs to go through a FFL.

Just followed your advice. (Should've taken that bet :-))

[tl_3237]

I told the agent that I heard otherwise on gun forums, he said he would call me back. About 10 minutes later he called me after speaking to their lawyers saying that it is fine for my wife's father to give her any long gun (rifle, shotgun etc, antique or not) without getting any paperwork such as FFL he did say that she would need to register the handguns however.
I've read US Title 18 and can see your point, however this is what I've gotten from an actual ATF agent... basically the guys who would be prosecuting me if I did something wrong. I have the agent's name and number if I ever get into any run ins.

Might want to keep that 'agents' contact info but be advised:

1. what he suggested IS illegal;
2. if you get 'jammed up', you have no proof as to his advice and he won't be repeating it in court;
3. unless you have a writing from BATFE in its capacity as the regulatory agency, you cannot use such incorrect advice as a 'justification' defense.

Good luck...

[vavulaka]

Okay, let's try this again.

I spoke to local sheriff's dept, they said I need absolutely no paperwork. I spoke to local FFL gun shop, they said I don't need any paperwork, I spoke to an ATF agent and their lawyer - they said no paperwork. Seems that everyone is telling me no paperwork.

Regardless of all this. My wife was licensed to purchase firearms in NJ when she lived there. She was "gifted" those weapons when she was a resident of NJ (the firearms never left the home since she lived in it) and from reading all your other posts it's completely legal. So now that she lives in PA, there is absolutely no need for her to go to a local FFL dealer and transfer anything since the firearms were technically hers when she was a resident of NJ. Can we agree on that? I think I probably should have mentioned that she had a NJ license to purchase firearms at the beginning of this whole discussion huh. Sorry. :-)

[NRA Recruiter]

The story keeps changing and you keep getting advice from "official sources" that is contrary to what many of us know to be the law and the official interpretations of the law.

We've told you what we know. You've done your own asking. Good luck.

(I'm wondering if we have an anti-gun person trying to get us to tell him to go ahead and break the law)

[tl_3237]

Okay, let's try this again.

I spoke to local sheriff's dept, they said I need absolutely no paperwork. I spoke to local FFL gun shop, they said I don't need any paperwork, I spoke to an ATF agent and their lawyer - they said no paperwork. Seems that everyone is telling me no paperwork.

Regardless of all this. My wife was licensed to purchase firearms in NJ when she lived there. She was "gifted" those weapons when she was a resident of NJ (the firearms never left the home since she lived in it) and from reading all your other posts it's completely legal. So now that she lives in PA, there is absolutely no need for her to go to a local FFL dealer and transfer anything since the firearms were technically hers when she was a resident of NJ. Can we agree on that? I think I probably should have mentioned that she had a NJ license to purchase firearms at the beginning of this whole discussion huh. Sorry. :-)

IF she legally owned the firearms in NJ and then moved to Pa then there's no need for any FFL involvement and no registration requirements in Pa.

As to the gifting to her by her father while both are NJ residents, it would be legal and the guns became hers IF:

1. for each of the handguns she was issued a permit to purchase a handgun by her local police or NJSP, the father filled out all the info and mailed a copy to NJSP as required by law. NJFID does not authorize handgun transfers;

2. for longarms she had a valid NJFID card and for each longarm transfered she executed and the father maintains a 'certificate of eligibility' as prescribed by the NJSP at the time of the transfer. I posted the applicable law in post #9 of NJS 2C:58-3 which includes the requirement:

receiver or holder signs a written certification, on a form prescribed by the superintendent, which shall indicate that he presently complies with the requirements of subsection c. of this section and shall contain his name, address and firearms purchaser identification card number or dealer's registration number. The said certification shall be retained by the seller, as provided in paragraph (4) of subsection a. of N.J.S.2C:58-2, or, in the case of a person who is not a dealer, it may be filed with the chief of police of the municipality in which he resides or with the superintendent.

see Sp-634 form.

On the other hand, if no such formal transfer took place then she didn't own the firearms when she moved and the only legal way for the father to now give her the firearms is to use an FFL for both handguns and longarms.

[vavulaka]

The story keeps changing and you keep getting advice from "official sources" that is contrary to what many of us know to be the law and the official interpretations of the law.

We've told you what we know. You've done your own asking. Good luck.

(I'm wondering if we have an anti-gun person trying to get us to tell him to go ahead and break the law)

I truly resent your claim about me being an anti-gun person.
Please feel free to call 215 446 9696 Agent Petrano or Peatre something along those lines.
Call King Shooters supplies in King of Prussia.

Call the Mont. Co Sheriff's office ask them the same question

As for new information about NJ purchase license, I didn't think it was important since I thought that purchasing a weapon was different than being "gifted" a weapon, so only after carefully reading your (plural) posts I realized that I needed to point that out.

I'm not asking you to tell me that I can do something I simply wanted opinions of fellow gun enthusiasts and the fact that you would say that I'm some anti-gun loser trying to get someone to say that I can do something "illegal", is offensive at best.
I was as polite and as grateful to all the opinions I was given on this site and I would appreciate not being made out to be someone I'm not.

[vavulaka]

IF she legally owned the firearms in NJ and then moved to Pa then there's no need for any FFL involvement and no registration requirements in Pa.

As to the gifting to her by her father while both are NJ residents, it would be legal and the guns became hers IF:

1. for each of the handguns she was issued a permit to purchase a handgun by her local police or NJSP, the father filled out all the info and mailed a copy to NJSP as required by law. NJFD does not authorize handgun transfers;

2. for longarms she had a valid NJFID card and for each longarm transfered she executed and the father maintains a 'certificate of eligibility' as prescribed by the NJSP at the time of the transfer. I posted the applicable law in post #9 of NJS 2C:58-3 which includes the requirement:



see Sp-634 form.

On the other hand, if no such formal transfer took place then she didn't own the firearms when she moved and the only legal way for the father to now give her the firearms is to use an FFL for both handguns and longarms.

Thanks for the info on NJ law. I was not aware of it. Once again, I appreciate the help.

[TAI2]

My Dad's pistols are in NY (Rockland County) and if he makes me a co-owner (I live in PA), can I just pick up the pistols and transport them directly to my home in PA?