DE/PA transfer question

**IBuyHousesJR** · February 16th, 2009, 02:14 AM

I reside in DE and have DE/PA CCW.

Can I buy a handgun in PA legally and transport it back to DE ?

What is the official procedure? Is my PA ccw card good enough?

Can I transport it back to DE and walk into the FFL and transfer it to myself or does the seller need to be present?

I can't find anything that spells it out clearly.
Thanks in advance.

JR

**knight0334** · February 16th, 2009, 04:56 AM

All handgun purchases must be completed at a dealer within the resident's home state.

You can buy/pay for it in PA, but the PA FFL will have to ship it to a FFL in DE to complete the transfer. If you are buying from a private individual - the individual must deliver the handgun to a FFL in DE. At no time may you take possession of it prior to transfer from a dealer in your home state. ....the only excepts to what I just said is for bequested firearms and intestate succession - both of which requires a death, proper and lawful inheritance, and to abide by state/local laws as well.

LTCF and other carry permits have no bearing on gun purchases. They are for carrying, not permits to purchase.

**evilfij** · February 16th, 2009, 09:23 PM

I would have the seller drive it to the FFL in Delaware and transfer it to you there.

BTW are there any gun stores in the Wilmington area?

**Xringshooter** · February 17th, 2009, 10:01 AM

Here is what the BATFE says about this:

(B2) From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

(B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

Just remember, when the BATFE talks about licenses, they are talking about the Federal Firearms License (FFL), not about the PA LTCF or a DE CCW license. Also, firearms are anything other than standard rifles and shotguns.