Question on interstate transfer (family)

[firemanmark]

A bit over a year ago my brother, who was a PA resident at the time gave me 2 long guns (that were bought by him through PICS) to store for him while he moved to WV. The thing was he was moving temporarily into an apartment till his house was completed and didnt want to have the guns there. He is now in his permanent dwelling and my question is can I just simply give him his guns back or do we need to do an FFL transfer. There was never any transfer paperwork completed (from him to me-as I was just storing these guns for him,and they remained "his". I know I may be overworrying this but I prefer to not jeopardize my status as a lawful gun owner.

[BimmerJon]

Family transfers only apply to INTRAstate transfers, not INTERstate.
Federal law applies at that point. For firearms, an FFL needs to conduct the transfer in the buyers home state

In your case of long guns, the transfer was legal in PA, since long guns can be transferred privately between PA residents.
"brothers" is not a lawful "family transfer", but again they were long guns so your original transfer was legal.

Since your brother is no longer a PA resident, the long guns have to be transferred by an FFL (in either state)

[tl_3237]

You’re in a technical gray area insofar as Federal law is concerned.

In particular:

18 USC 922(a) It shall be unlawful—

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides;

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State,

The undetermined issue is the interpretive character of the transfer to you for ‘safe keeping’ and the ultimate return now that you are both residents of differing states.

Though I don’t realistically see the issue ever coming to LE attention or, if it does, any Federal prosecution, it still is arguable whether there’s a violation albeit a de minimis one if that IMO.

What you have going for you is the fact your brother has an official record of their purchase by him from the FFL, records of his movement to the apartment and records as to the home availability. Presumably the time lines for the apartment/home movement closely coincide to your receipt of the longarms and their return to your brother.

Of course using an FFL to now ‘transfer’ them back to your brother is the safest way to go (you can use an FFL in any state to do this).

Did the brother leave any household items with you that he now intends to take to his new home? If you decide to do the return without an FFL then your brother's movement of the longarms along with the household goods preserves another arguable defense.

[Python73]

What complete government protecting us from freedom bullshit. Since there should be no record of those guns (pa doesn't have a registry) who is to say that your brother gave them to you? Nor should he have had to frankly. But I'm not about to suggest that leaving perfectly legal guns at a relative's house for safe keeping is legal or a good idea and catch a ban for it. Even if I am baffled at the stupidity of such "rules."

Follow that legal shit ^ up there by previous posters. And bask in the glory of the Socialist Republic of USA and all her rules.