PA resident transfering long gun to NY resident

[Will3212]

I'm planning to sell a NY legal Mossberg 500 pump shotgun to a buddy from Long Island NY(not NYC) when he comes to visit.
I'm a full time PA resident with PA ID, he has a NY state ID with a Long Island address on it.
Can a FFL in PA transfer this to him after a NICS check?

How about a private long gun transfer where we do not go through an FFL?

[red dog]

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[gghbi]

I'm planning to sell a NY legal Mossberg 500 pump shotgun to a buddy from Long Island NY(not NYC) when he comes to visit.
I'm a full time PA resident with PA ID, he has a NY state ID with a Long Island address on it.
Can a FFL in PA transfer this to him after a NICS check?

How about a private long gun transfer where we do not go through an FFL?

FFL required for interstate transfers -- Federal law...

[knight0334]

As mentioned directly above, it must go through a FFL. With in being a long gun(assuming it isn't a pistol-grip only shotgun), it can go through a FFL in PA unless NY state requires the transfer to go through a FFL in that state.

If it is a pistol-grip only shotgun, it is considered a "firearm", which follows the same rules as handguns under federal law, requiring the transfer through a FFL in NY state.

[Marlin60]

Could someone direct me to the actual statute or wording on this or tell me how best to find this?

Would help a lot as I have had several friends who keep insisting that that only applies to handguns, and I'd like to be able to show them something solid to convince them.

[Mosinshooter762]

Could someone direct me to the actual statute or wording on this or tell me how best to find this?

Would help a lot as I have had several friends who keep insisting that that only applies to handguns, and I'd like to be able to show them something solid to convince them.

You have received good advice here about interstate transfers. You should use an FFL in the scenario you present.

The applicable provisions that would operate to restrict an otherwise legal transfer of a long gun to someone from out of state in Pennsylvania would be under Federal law. Just to note, there are other states where state law would not impose restrictions on privately transferring a handgun to someone from out of state. Actually, Pennsylvania law does not independently impose a restriction on transferring handguns, consistent with the requirements of the Uniform Firearms Act (ie. transfers with enumerated family members, using dealers, or using the County Sheriff), to those from out of state. Regardless of state law, Federal law still imposes restrictions on interstate transfers.

I am not a lawyer however below is what I understand to be relevant excerpts from the Gun Control Act of 1968 (as that law reads today) with an attempt to bold the most applicable language dealing with issues related to interstate transfers. Also included is the Gun Control Act (Federal) definition of firearm and excerpted language concerning applicable penalties. Notice that there is an exception (among a couple of others that don't appear applicable to the situation you bring up) to otherwise applicable interstate transfer restrictions to those without an FFL when it is an FFL that transfers long gun(s) under certain conditions.

I'm afraid anything beyond the advice you have received here about using an FFL under the situation you describe and the excerpts below would require the advice of counsel. Again, this is the best I could put together for a post. There maybe other provisions, including other penalty provisions not excerpted, that maybe applicable to various fact patterns related to interstate transfers.

18 U.S. Code § 921 - Definitions

18 U.S. Code § 921 - Definitions

(a) As used in this chapter-

...

(3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

...

18 U.S. Code § 922 - Unlawful acts

18 U.S. Code § 922 - Unlawful acts

(a) It shall be unlawful-

...

(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;

...

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

...

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-

...

(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

18 U.S. Code § 924 - Penalties

18 U.S. Code § 924 - Penalties

(a)

(1) Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever-

(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;

(B) knowingly violates subsection (a)(4), (f), (k), or (q) of section 922;

(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922(l); or

(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both.

...

[MARINE DIVISION TWO]

I always using FFL for long firearms out of state. Additionally I only transfer handguns with an FFL which is the Law.

[GOYABEAN]

And good luck finding a FFL willing to handle the transfer of said firearm.fukh.png

[DonBiase]

Another "Gift" from Your Federal Government!!!

[Marlin60]

The applicable provisions that would operate to restrict an otherwise legal transfer of a long gun to someone from out of state in Pennsylvania would be under Federal law. Just to note, there are other states where state law would not impose restrictions on privately transferring a handgun to someone from out of state. Actually, Pennsylvania law does not independently impose a restriction on transferring handguns, consistent with the requirements of the Uniform Firearms Act (ie. transfers with enumerated family members, using dealers, or using the County Sheriff), to those from out of state. Regardless of state law, Federal law still imposes restrictions on interstate transfers.

I am not a lawyer however below is what I understand to be relevant excerpts from the Gun Control Act of 1968 (as that law reads today) with an attempt to bold the most applicable language dealing with issues related to interstate transfers. Also included is the Gun Control Act (Federal) definition of firearm and excerpted language concerning applicable penalties. Notice that there is an exception (among a couple of others that don't appear applicable to the situation you bring up) to otherwise applicable interstate transfer restrictions to those without an FFL when it is an FFL that transfers long gun(s) under certain conditions.

I'm afraid anything beyond the advice you have received here about using an FFL under the situation you describe and the excerpts below would require the advice of counsel. Again, this is the best I could put together for a post. There maybe other provisions, including other penalty provisions not excerpted, that maybe applicable to various fact patterns related to interstate transfers.

Thanks so much. Those citations help nail this down, and this will help me a TON when trying to convince others (including at least one gun shop).