Pennsylvania Firearm Owners Association
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  1. #1
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    Default Private out of state handgun purchase

    Look for some insight as I seem to get a different answer from everyone I've asked. My brother in law lives in FL and recently my father in law went to visit in FL and was given a handgun that he no longer wanted. There was never a transfer of $ and never went to a FFL to get a bill of sale or anything. Just gave it to him. My father in law is leary of carrying said handgun due to what some people have said it was never properly transferred from on owner to the next. After this I think he did ask my BIL to write up saying something to the effect of I gave it to you at such and such time singed and dated. Is this sufficient or should he go to a FFL and have it done? Thanks. Ih and my FIL is a PA resident.
    Last edited by Kap1492; November 4th, 2015 at 02:36 PM. Reason: Adding details

  2. #2
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    Default Re: Private out of state handgun purchase

    Non-FFL transfers of a non-antique firearm between persons who are residents of differing states is a Federal violation (18 USC 922(a)(5)). In addition, when your FIL brought the firearm back into Pa he violated another Federal law (18 USC 922(a)(3)). Nothing that the BIL or FIL could create from a documentation standpoint would cure the illegal transfer. A formal transfer at a PA FFL would eliminate some potential future risks if it was run against the PA record-of-sale database. That said, the technical fact that the firearm is contraband as a result of the previous illegal transfer remains.

    18 USC 922
    IANAL

  3. #3
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    Default Re: Private out of state handgun purchase

    Does this apply to long guns as well?
    SEMPER GUMBY

  4. #4
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    Default Re: Private out of state handgun purchase

    Quote Originally Posted by TeflonDon View Post
    Does this apply to long guns as well?
    YES - the only difference is that, for longarms, the FFL officiating the transfer to the recipient can be in any state provided that the transfer is concordant with the state laws in the FFL's state and those of the recipient's home state. Whereby handgun transfers to the recipient must be done by an FFL in the recipient's home state.
    Last edited by tl_3237; November 4th, 2015 at 03:36 PM.
    IANAL

  5. #5
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    Default Re: Private out of state handgun purchase

    Quote Originally Posted by Kap1492 View Post
    After this I think he did ask my BIL to write up saying something to the effect of I gave it to you at such and such time singed and dated. Is this sufficient or should he go to a FFL and have it done? Thanks. Ih and my FIL is a PA resident.
    Destroy that piece of paper and tell BIL to transfer it to FIL at a FFL in Pennsylvania. Or FIL can become a resident of FL and do whatever is required there.

  6. #6
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    lower merion, Pennsylvania
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    Default Re: Private out of state handgun purchase

    I thought blood relatives can transfer without FFL. This is father/son, I assume.

  7. #7
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    Default Re: Private out of state handgun purchase

    Quote Originally Posted by sir Joseph View Post
    I thought blood relatives can transfer without FFL. This is father/son, I assume.
    That's true if they are both PA residents. Once you start crossing state lines you open up a whole different set of laws.

  8. #8
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    Default Re: Private out of state handgun purchase

    Quote Originally Posted by sir Joseph View Post
    I thought blood relatives can transfer without FFL. This is father/son, I assume.
    Certain blood relatives and adopted children and spouses can do non-FFL transfers if they are both PA residents. Parent/child, grandparent/grandchild, and spouses.

    If you're really keen on doing a paperless transfer across state lines, then you have to die first.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  9. #9
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    Oct 2014
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    Delco, Pennsylvania
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    Default Re: Private out of state handgun purchase

    Thanks, Im in the process of my first AR purchase. The owner currently lives in Delaware but has Iowa as a residence. We trying to make sure it gets handled right.
    SEMPER GUMBY

  10. #10
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    Default Re: Private out of state handgun purchase

    Quote Originally Posted by GunLawyer001 View Post
    Certain blood relatives and adopted children and spouses can do non-FFL transfers if they are both PA residents. Parent/child, grandparent/grandchild, and spouses.

    If you're really keen on doing a paperless transfer across state lines, then you have to die first.
    If my uncle (VA resident) gives my mother (VA resident) a revolver or rifle, then mother moves to PA a few years later and gives them to me is this a legal transfer?

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