out of state gun purchase

[vatopa]

If I am out of state and can legally purchase a rifle in that state.

Are there any Pa. laws that I need to know about?

I would physically take possession the rifle in the other state and then bring back to Pa. with me.

[GunLawyer001]

If I am out of state and can legally purchase a rifle in that state.

Are there any Pa. laws that I need to know about?

I would physically take possession the rifle in the other state and then bring back to Pa. with me.

There are no rifles, magazines or rifle ammunition that are legal in other states that would be illegal in Pennsylvania. Nor do we have mandatory registration of guns.

However, you don't say that you could legally purchase a gun in Pa. Can you?

[vatopa]

Yes, I can own guns in Pa and everywhere else.

Just wondering if I can bring a long gun back legally to Pa that is bought elswhere.

I believe I can bring back a long gun, just not a pistol or "other" such as an AR receiver.

[GunLawyer001]

Yes, I can own guns in Pa and everywhere else.

Just wondering if I can bring a long gun back legally to Pa that is bought elswhere.

I believe I can bring back a long gun, just not a pistol or "other" such as an AR receiver.

You seem to be on track. While a PA resident, you can't bring in a modern handgun directly, you have to go through an FFL (with limited exceptions for inheritances.) However, if you acquire guns while a bona fide resident of another state, then when you move here, you can bring them along.

ETA (because "tl_3237" raised this issue) - I obviously assumed that the OP meant that he legally bought it in another state from a dealer; because it would be unlawful for the typical PA resident to purchase a long gun directly from a resident of another state in a private sale, and his hypothetical specified a "legal purchase".
To "legally purchase a rifle in that state", he's limited to using an FFL to complete the transaction. He could use an FFL in the other state for a long gun, but not for a handgun, which needs to come to PA before the OP can take custody.
Just because you could probably buy a rifle (or a handgun, for that matter) via a classified ad or from some private seller outside a gun show doesn't mean that you bought it legally.

[tl_3237]

Yes, I can own guns in Pa and everywhere else.

Just wondering if I can bring a long gun back legally to Pa that is bought elswhere.

I believe I can bring back a long gun, just not a pistol or "other" such as an AR receiver.

I'm unclear as to the intent of the bolded. As GL said, if you bought the longarm when you were a resident of the other state then you can bring it now in moving to Pa.

If you are now a Pa resident and are intending to purchase a longarm out-of-state and return to Pa with it:

1. if the purchase transaction used the services of an FFL of any state, yes you can bring it back to Pa;

2. if the purchase transaction did not use the services of an FFL then the seller violated Federal law in giving you possession (18 USC 922(a)(5)) and you violate a differing Federal law when you bring it back into Pa (18 USC 922(a)(3)).

[GunLawyer001]

I'm unclear as to the intent of the bolded. As GL said, if you bought the longarm when you were a resident of the other state then you can bring it now in moving to Pa.

If you are now a Pa resident and are intending to purchase a longarm out-of-state and return to Pa with it:

1. if the purchase transaction used the services of an FFL of any state, yes you can bring it back to Pa;

2. if the purchase transaction did not use the services of an FFL then the seller violated Federal law in giving you possession (18 USC 922(a)(5)) and you violate a differing Federal law when you bring it back into Pa (18 USC 922(a)(3)).

I would rep you if I could; I assumed some legal truths that are not obvious to most. I edited and clarified my post above.

[vatopa]

Ok, that is what I thought. I can buy a long gun from an FFL in Va. and take possession in Va. Then bring it back to Pa. and not violate the law.

One more question about the non-ffl purchase.

Under federal law, if I own real property in two states, I am considered a resident of the state where I am residing at the time. So, even though I am a Pa. resident and have a Pa DL, I am considered a Va. resident during the time I live in the house in Va.

So under federal law I could buy a FTF long gun in Va, because I am a resident of Va at the time of purchase.

VA. has no restrictions on the purchase of any guns including handguns for FTF transactions.

Are there any laws that would restrict this line of thought? How about Pa. law?

My thoughts are that because I can legally purchase a FTF long gun in VA. I can bring it back to Pa. and NOT violate any Federal and state laws.

By the way, I truly appreciate the input.

[tl_3237]

Ok, that is what I thought. I can buy a long gun from an FFL in Va. and take possession in Va. Then bring it back to Pa. and not violate the law.

One more question about the non-ffl purchase.

Under federal law, if I own real property in two states, I am considered a resident of the state where I am residing at the time. So, even though I am a Pa. resident and have a Pa DL, I am considered a Va. resident during the time I live in the house in Va.

So under federal law I could buy a FTF long gun in Va, because I am a resident of Va at the time of purchase.

VA. has no restrictions on the purchase of any guns including handguns for FTF transactions.

Are there any laws that would restrict this line of thought? How about Pa. law?

My thoughts are that because I can legally purchase a FTF long gun in VA. I can bring it back to Pa. and NOT violate any Federal and state laws.

By the way, I truly appreciate the input.

For purposes of the FEDERAL firearms laws (18 USC Ch 44) use the following definition of residency:

27 CFR 478.11 State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 1. A maintains a home in State X. A travels to State Y on a hunting, fishing, business, or other type of trip. A does not become a resident of State Y by reason of such trip.

Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.

Example 3. A, an alien, travels to the United States on a three-week vacation to State X. A does not have a state of residence in State X because A does not have the intention of making a home in State X while on vacation. This is true regardless of the length of the vacation.

Example 4. A, an alien, travels to the United States to work for three years in State X. A rents a home in State X, moves his personal possessions into the home, and his family resides with him in the home. A intends to reside in State X during the 3-year period of his employment. A is a resident of State X.

Depending on the character of that VA property you may or may not qualify.

There is no Pa law that would prevent the VA purchase or your importing the firearm into Pa provided you are not Pa prohibited.

I'm unaware of any case law or ATF policy statement regarding how the Federal statute:

18 USC 922(a)(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, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

would apply to the importation by dual residents not in the actual process of 'moving' when the purchase is without an FFL (ie subsection (b)(3)) noted above).

I would be leery if your intent is to buy a lot of VA firearms sans FFL with the intent of importing them into Pa and keeping them at your Pa residence - thereby circumventing Pa's statutes particularly as they relate to handgun purchases.

[vatopa]

Example 2. A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y

This is my situation.


"I would be leery if your intent is to buy a lot of VA firearms sans FFL with the intent of importing them into Pa and keeping them at your Pa residence - thereby circumventing Pa's statutes particularly as they relate to handgun purchases."

I completely agree. I am just trying to clearify some law issues in the off chance I find a good deal in Va. while I am there. I have purchased items in Va. but had them shipped to my FFL in Pa. I am not about to take a chance and violate the law.

[knight0334]

If you bought them legitimately as a "resident" of another state you can bring said guns back to PA without any paperwork.

You just have to qualify as a "resident" of whatever state at the moment you purchase the firearm. ..and from the sounds of things you do.

My father does the same thing. He maintains "homes" in FL, PA, and NC. FL being his primary residence, but he'll live at the NC or PA home for periods of time throughout the year. Mom just stays at the FL home.. ..she doesn't care for cool weather.