transfer question for "Legal eagles"

[Gun]

Federal law prohibits your from bringing the firearms into Pa from MD unless they have already been transferred to you through an FFL. Your bringing the firearms to a PA FFL is not an option.

This would only apply to long guns and the long guns are legal in your state, if the FFL is in the other state. Not for handguns.


An older thread with same discussion,

http://forum.pafoa.org/general-2/911...tml#post100854

[knight0334]

This would only apply to long guns and the long guns are legal in your state, if the FFL is in the other state. Not for handguns.


An older thread with same discussion,

http://forum.pafoa.org/general-2/911...tml#post100854

The OP isn't allowed to take possession of any firearm, long gun or handgun, prior to a proper FFL transfer since the firearms in question belong to a resident of another state. The selling/giving party has the burden of shipping or delivering them to a FFL appropriate for the firearm in question.

[tl_3237]

This would only apply to long guns and the long guns are legal in your state, if the FFL is in the other state. Not for handguns.


An older thread with same discussion,

http://forum.pafoa.org/general-2/911...tml#post100854

My comment, whch you bolded, applies to all firearms as defined in 18 USC 921 including long arms and handguns. Considering the instant thread, the question was whether the OP (donee) could take possession of firearms (type unspecified) from the MD donor and then do a transfer at an FFL (state unspecified). A Federal violation is committed by the MD donor by delivering any firearm to a PA donee (differing states of residence 18 USC 922(a)(5)) regardless of whether that donee subsequently engages an FFL for a formal transfer.

I was further addressing a potential issue in that the OP might have thought to bring the firearms to a PA FFL for formal transfer. Considering that handguns might be involved (unspecified) he would be unable to use a MD FFL under the 18 USC 922(b)(3)(A) exception since it only applies to interstate longarm transfers. It is a Federal violation under a totally different 922 subsection for the donee

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...(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section,

[see 18 USC 922(a)(3)].

Your comments would be germane if we were discussing the FFL's duty under 18 USC 922(b)(3)(A) and prohibition under 18 USC 922(b)(3) but that is not the instant thread's issues raised here.

[TParrish]

Have the MD guy move to PA, making PA his legal residence.

He can legally bring his guns into PA with him without any paperwork.

Once he is here, he can legally give his guns to his wife without any paper work.

She can then transfer them to you, if she has no problems with going to an FFL.

There, simple

IANAL
IANAFFL

(smacks forehead) It's so simple! Why didn't I think of that?

[Gun]

My comment, whch you bolded, ...

I read your statement as if federal law would allow a PA resident to bring firearms into PA from MD, after a transfer by an FFL, which would mean the transfer would have to occur in MD, prior to the interstate transport. This could only apply to long guns (state laws allowing), not handguns.

The OP did not state handguns, long guns, or both. From the first post, the OP knew an FFL had to be involved, but his benefactor wants nothing to do with this red tape.