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November 4th, 2015, 02:33 PM #1Junior Member
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Bridgeville,
Pennsylvania
(Allegheny County) - Posts
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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
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November 4th, 2015, 03:18 PM #2
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 922IANAL
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November 4th, 2015, 03:27 PM #3
Re: Private out of state handgun purchase
Does this apply to long guns as well?
SEMPER GUMBY
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November 4th, 2015, 03:32 PM #4
Re: Private out of state handgun purchase
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
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November 4th, 2015, 03:44 PM #5
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November 4th, 2015, 03:50 PM #6Member
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- Feb 2014
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lower merion,
Pennsylvania
(Montgomery County) - Posts
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Re: Private out of state handgun purchase
I thought blood relatives can transfer without FFL. This is father/son, I assume.
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November 4th, 2015, 04:05 PM #7
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November 4th, 2015, 04:06 PM #8
Re: Private out of state handgun purchase
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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November 4th, 2015, 04:28 PM #9
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
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November 4th, 2015, 04:37 PM #10Grand Member
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- Jan 2012
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Harrisburg,
Pennsylvania
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