Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Apr 2020
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    Hummelstown, Pennsylvania
    (Dauphin County)
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    Default Buying and using a gun without PA DL

    Hello

    I want to buy a gun for home defense in this special time, but my situation is quite tricky, could someone help me out?

    • I am in PA now with my family and will stay here until the virus situation clears
    • I have a TX driver license
    • My wife has a PA driver license
    • Can I buy a handgun online and get it transferred through a FFL? since all gun shops are closed
    • If I cannot buy a gun in PA, can my wife buy one?
    • If my wife buy a gun, can I use it when it is needed? like someone invade our home......



    Your help is really appreciated.

  2. #2
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Buying and using a gun without PA DL

    Your ID is prima facie evidence of your residence. A FFL cannot transfer a handgun to a resident of another state. He can sell you a rifle or shotgun though. ...that is federal law.

    So, you would have an uphill battle to prove that you are now a PA resident.

    Technically your wife can, if she is truly a PA resident.

    If for somehow you are still considered a TX resident, and your wife still a PA resident - she cannot loan you any type of gun, except for sporting purposes. ...and the Feds only considered hunting as the only sporting purpose.

    My advice - buy a shotgun just to avoid any legal complications.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J.

    Don't end up in my signature!

  3. #3
    Join Date
    Jul 2013
    Location
    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: Buying and using a gun without PA DL

    Quote Originally Posted by knight0334 View Post
    Your ID is prima facie evidence of your residence. A FFL cannot transfer a handgun to a resident of another state. He can sell you a rifle or shotgun though. ...that is federal law.

    So, you would have an uphill battle to prove that you are now a PA resident.

    Technically your wife can, if she is truly a PA resident.

    If for somehow you are still considered a TX resident, and your wife still a PA resident - she cannot loan you any type of gun, except for sporting purposes. ...and the Feds only considered hunting as the only sporting purpose.

    My advice - buy a shotgun just to avoid any legal complications.
    Can an out of state person finish an eighty? Asking for a friend. With a leaky boat.
    The Gun is the Badge of a Free Man

  4. #4
    Join Date
    Apr 2011
    Location
    Erie, Pennsylvania
    (Erie County)
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    Default Re: Buying and using a gun without PA DL

    Quote Originally Posted by knight0334 View Post
    Your ID is prima facie evidence of your residence. A FFL cannot transfer a handgun to a resident of another state. He can sell you a rifle or shotgun though. ...that is federal law.

    So, you would have an uphill battle to prove that you are now a PA resident.

    Technically your wife can, if she is truly a PA resident.

    If for somehow you are still considered a TX resident, and your wife still a PA resident - she cannot loan you any type of gun, except for sporting purposes. ...and the Feds only considered hunting as the only sporting purpose.

    My advice - buy a shotgun just to avoid any legal complications.
    Question if you will please. In this situation could the wife lend a handgun to the husband IF they both had A LTCF/CCW from either state?
    We the people love our country so let the government fear us.

  5. #5
    Join Date
    Jan 2013
    Location
    Dover, Pennsylvania
    (York County)
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    Default Re: Buying and using a gun without PA DL

    Quote Originally Posted by chp1911 View Post
    Question if you will please. In this situation could the wife lend a handgun to the husband IF they both had A LTCF/CCW from either state?
    Good question!

    I'll take it one step further - why can't the gift exemption between husband and wife be used as well for the transfer after purchase, without an FFL? I don't see in CS18 6xxx where the husband is required to live in the same state as the wife. He may get hung up trying to carry / transport it without an LTCF, but at home, I'm at a loss to see why she couldn't gift it to him after a 4473 at the time of purchase (assuming she fills out the 'buying for someone else' portion correctly and he's not prohibited).
    Resistance to tyrants is obedience to God.

  6. #6
    Join Date
    Apr 2014
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Buying and using a gun without PA DL

    If you are looking for loopholes or complex justifications to explain why what you want to do is legal, and your freedom and livelihood depend on you being correct and the police, a prosecutor and a court agreeing with you, even if in fact you are fully correct, when you have a reasonable alternative to avoid that situation it is wise to do so.

    Buy a shotgun. Hell, buy a couple because one is never enough.

  7. #7
    Join Date
    Apr 2014
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Buying and using a gun without PA DL

    Quote Originally Posted by Jhaydeno View Post
    Good question!

    I'll take it one step further - why can't the gift exemption between husband and wife be used as well for the transfer after purchase, without an FFL? I don't see in CS18 6xxx where the husband is required to live in the same state as the wife. He may get hung up trying to carry / transport it without an LTCF, but at home, I'm at a loss to see why she couldn't gift it to him after a 4473 at the time of purchase (assuming she fills out the 'buying for someone else' portion correctly and he's not prohibited).
    Does the gift provision allow you to buy for a resident of another state? Could you buy a gift and then get on a plane and take it to the recipient of your gift?

  8. #8
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    Dover, Pennsylvania
    (York County)
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    Default Re: Buying and using a gun without PA DL

    Quote Originally Posted by free View Post
    Does the gift provision allow you to buy for a resident of another state? Could you buy a gift and then get on a plane and take it to the recipient of your gift?
    I see where you are going with that: no, I don't believe so. So even living in PA with the wife, who's a resident, wouldn't work unless the OP could prove he's a PA resident, most easily done with a PADL.
    Resistance to tyrants is obedience to God.

  9. #9
    Join Date
    Apr 2014
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    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Buying and using a gun without PA DL

    Quote Originally Posted by Jhaydeno View Post
    I see where you are going with that: no, I don't believe so. So even living in PA with the wife, who's a resident, wouldn't work unless the OP could prove he's a PA resident, most easily done with a PADL.
    Yes, that is where I was going with that.

  10. #10
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    Default Re: Buying and using a gun without PA DL

    Quote Originally Posted by bread22 View Post
    If my wife buy a gun, can I use it when it is needed? like someone invade our home......
    If someone is invading your home, worry about the legalities later. The saying goes "I'd rather be judged by 12 than carried by 6."

    knight0334's advice is solid.

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