OH to PA Transfer

[moodle]

Hi there,
I am a resident of Ohio, and would like to sell a pistol to a resident of your fine state. Do I have to drive to a Sherrif's office to do the paperwork like two PA residents would in a transfer? I have looked all over and have not found any information related to this type of sale. Please advise!

[HiredGoon]

Hi there,
I am a resident of Ohio, and would like to sell a pistol to a resident of your fine state. Do I have to drive to a Sherrif's office to do the paperwork like two PA residents would in a transfer? I have looked all over and have not found any information related to this type of sale. Please advise!

All interstate transfers of firearms must go through a FFL. The only exceptions are interstate succession and bequeathed firearms.

So your best and easiest option is to take the gun to your local FFL and have him ship it to the buyer's FFL here in PA where the transfer paperwork will be filled out. Sheriff does not get involved.

Or of course, you can bring it to a PA FFL yourself

[knight0334]

An interstate transfer through a Sheriff isn't allowed. Sheriff's are only empowered by state law to do the intrastate required transfers.

Other than the two exceptions that Hired Goon mentioned, the interstate transfer must be through a FFL in the receiving person's home state per federal law.

[BigMikeM31]

Does that include FTF long gun sales?

If I've got a friend in OH that wants to sell me a rifle, does it have to go through an FFL?

[HiredGoon]

Does that include FTF long gun sales?

If I've got a friend in OH that wants to sell me a rifle, does it have to go through an FFL?

I'm not positive on an interstate long gun transfer (I'd say yes), but you might want to read this post from another thread here for liability issues:

http://forum.pafoa.org/general-2/524...tml#post726780

[sttaffy]

How about this one -

I am going to buy a pistol from a guy in Delaware, right across the border in Wilmington. I am still fuzzy on this, despite running a forum search and reading 10 threads on the subject. :

1. Does he have to ship it from an FFL in DE to an FFL in PA
2. Or can he (like hiredgoon said) take the pistol across the border himself and complete the transfer at a PA FFL.

I'm thinking it has to be #1, but I'd like to not pay shipping to send the gun 10 miles.

If it is #1 my understanding is ...
I'd have to go to my local shop and have a copy of their license made
bring it to DE with me
show it to the FFL in DE
go through a DE backround check?
that FFL would ship it to mine in Philly
then I go get a PICS done and pick it up in Philly

if it's #2 can he just drive here to an FFL in PA and do the PICS there?

I'd appreciate any help, I won't risk breaking even the tiniest laws since carrying. Funny how that one works.

oh, if only the bad guys cared about gun control laws like us law-abiders do.

[HiredGoon]

How about this one -

I am going to buy a pistol from a guy in Delaware, right across the border in Wilmington. I am still fuzzy on this, despite running a forum search and reading 10 threads on the subject. :

1. Does he have to ship it from an FFL in DE to an FFL in PA
2. Or can he (like hiredgoon said) take the pistol across the border himself and complete the transfer at a PA FFL.

I'm thinking it has to be #1, but I'd like to not pay shipping to send the gun 10 miles.

If it is #1 my understanding is ...
I'd have to go to my local shop and have a copy of their license made
bring it to DE with me
show it to the FFL in DE
go through a DE backround check?
that FFL would ship it to mine in Philly
then I go get a PICS done and pick it up in Philly

if it's #2 can he just drive here to an FFL in PA and do the PICS there?

I'd appreciate any help, I won't risk breaking even the tiniest laws since carrying. Funny how that one works.

oh, if only the bad guys cared about gun control laws like us law-abiders do.

My understanding:

The buyer must transfer the gun at an FFL in his home state, where the PICS will be done. It doesn't matter how the seller gets the gun to that FFL, as long as he follows applicable transport laws if he drives it there.

An FFL in the seller's home state does not need to be involved unless the seller is shipping the gun thru them. Even then, he can ship it to the buyer's FFL thru a common carrier (not postal service) if he chooses, but often it is easier (but not required) to just let a local FFL ship it.

[BigMikeM31]

I'm not positive on an interstate long gun transfer (I'd say yes), but you might want to read this post from another thread here for liability issues:

http://forum.pafoa.org/general-2/524...tml#post726780

I looked at that thread, but I'll be the one buying the gun and I know the person I'm buying it from. To me, that eliminates the concern about potential liability. I appreciate the input, but I was more looking for the legality of the issue, not "I was wondering if I should use an FFL..." If anyone else wants to chime in on this scenario, I'd be very grateful, as I've currently got a deal in the works and want to make sure that everything transpires legally.

[crffl]

All interstate transfers need to go through a FFL if your not licensed.

Direct from the people in charge...

[U]http://www.atf.gov/firearms/faq/faqindex.htm

B. UNLICENSED PERSONS


(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]


A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

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



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

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? [Back]


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)]

[JayBell]

y'all make my head hurt....

thsi info is here:
http://forum.pafoa.org/firearms-6/24...g-selling.html

and about to be posted in the General forum as a sticky.