Questions about PA gun laws.

**Nickelsig229** · July 6th, 2012, 06:19 PM

Hello, I just registered because I have some specific questions regarding PA's guns laws and was hoping someone could clear them up for me.

My question is can a PA FFL accept pistols that are hand delivered to him from a owner who resides in a different state, and transfer them to a new owner in a third state.

It was my understanding that a non FFL could not transport firearms across state lines with few exceptions. But PA allows ownership of firearms so long as the owner isn't a convicted felon someone from NJ could just drive all their guns to PA and have a FFL in Pa transfer their guns to a new owner in another state.

Anyone confirm or set me straight on that? Thanks.

**donm** · July 6th, 2012, 06:42 PM

That would work for long guns, but Federal law requires that handguns be transferred by an FFL in the new owner's state of residence. The only exception is a bequest. So you'd have to drive it to their home state, across some pretty unfriendly territory.

An option is to have an FFL there ship it to an FFL in the buyer's state. You could ship it yourself to the buyer's FFL if they will accept it from a non-FFL (some do, some don't) but you'd have to ship it overnight ($$$) UPS or FedEx. Your local FFL can ship it USPS for a lot less, so even with their fees it's likely cheaper. One risk is that things would get really messy if the buyer doesn't pass the background check.

**JayBell** · July 6th, 2012, 07:37 PM

thanks for signing up, and welcome!!!

you'll find various stickies at the top of each forum... this one answers your questions(as did Don above)

http://forum.pafoa.org/general-2/585...g-selling.html

**Nickelsig229** · July 6th, 2012, 08:35 PM

Thanks for the welcome. I apologize for not comprehending the post you linked prior to posting but I did search and read that.

It states:

3. Handguns can only be purchased/transferred from/through a FFL in your state of residence.

This is exactly what I was led to believe. However some people on a CT internet form, one who is an ex ffl holder (proclaimed), are telling me that in PA, an FFL can accept face to face pistols from an NJ state resident who wants to transfer his guns to a CT ffl.

I was under the belief that it was against the law for the NJ state owner to take his guns into pa, to an FFL, in order to have them transfered to a CT FFL. I questioned why not just use an NJ FFL and didn't get a straight answer so I posed the question to people in PA hoping to get a legitimate response.

From that posted link, a NJ resident can not use an PA FFL to transfer his guns. Now I just need to find the federal (I assume) law that specifies that.

**Nickelsig229** · July 6th, 2012, 09:56 PM

The more I research the atf site and other forums the more I believe I'm wrong.

I can't find anywhere in 922 that says an FFL can only transfer Out of state firearms from their home state.

It seems that So long as a NJ resident can legally posses his Firearms in PA, there is no problem with him using a PA FFL to transfer his firearms to CT.

Since PA's only restriction to owning a Pistol is a Felony conviction, then the NJ resident can legally bring his guns in, and make use of the PA FFL.

I hate when I'm wrong. Guess I need to go eat crow

**donm** · July 6th, 2012, 10:53 PM

Originally Posted by Nickelsig229

I can't find anywhere in 922 that says an FFL can only transfer Out of state firearms from their home state.

It seems that So long as a NJ resident can legally posses his Firearms in PA, there is no problem with him using a PA FFL to transfer his firearms to CT.

Since PA's only restriction to owning a Pistol is a Felony conviction, then the NJ resident can legally bring his guns in, and make use of the PA FFL.
(

There are prohibitors other than felonies on firearm possession in PA, but far fewer "hoops" than NJ so let's assume that none apply here. You have to throw all logic out the window if you're talking about New Jersey. It's not apparent to me why you'd bring a gun from NJ to PA to transfer it to CT. A NJ FFL would be able to ship it to a CT FFL, and if something went wrong with the transaction a PA FFL couldn't return it to the NJ resident. And since you're talking about NJ, the previous owner may wish to "de-register" it with the NJSP (if he bought it there or voluntarily registered it), and that would have to be done in NJ.

**tl_3237** · July 7th, 2012, 10:44 AM

18 USC 922

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver—

(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

Plain and simple - handguns cannot be transfered by an FFL to a non-licensee except in the state of the transferee's residence.

**Nickelsig229** · July 7th, 2012, 11:14 PM

Thank you.

Some how when I read that 5 or 6 times it didn't make sense to me as when you printed only the pertinent section.

In my reading I kept thinking there was some exception because the PA ffl was allowed to receive the guns then transfer out. Somehow I missed the In transferor state part.

I'm not good at legaleeze.

Thanks again.

**ImminentDanger** · July 8th, 2012, 01:23 AM

This original post says nothing of the recipient being a FFL...

Originally Posted by Nickelsig229

My question is can a PA FFL accept pistols that are hand delivered to him from a owner who resides in a different state, and transfer them to a new owner in a third state.

While this quoted advice specifically spells out that the distant recipient is a "CT FFL"..... which means the transfer is from NJ Resident to PA FFL --AND THEN-- from PA FFL to CT FFL...

Originally Posted by Nickelsig229

However some people on a CT internet form, one who is an ex ffl holder (proclaimed), are telling me that in PA, an FFL can accept face to face pistols from an NJ state resident who wants to transfer his guns to a CT ffl.

The multiple responses in this thread address both situations but it is confusing to have all of that mixed together....

...

**GunLawyer001** · July 8th, 2012, 01:46 AM

I'm also among those who are unclear why a NJ resident would carry a handgun to a PA FFL, so that the PA FFL can transfer it to a Connecticut FFL. It would seem simpler for the NJ non-FFL to either use a NJ FFL, or ship the handgun directly to the CT FFL.

However, if the owner can legally transport it to the PA FFL, then the PA FFL can certainly accept it, put it into his bound book, record the owner's info, and then do a transfer to a CT FFL.