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January 3rd, 2010, 10:14 PM #1
Private gun sales and transfers in PA
Does anyone know if it is legal in PA [and if yes, or no, in what other states?] to sell and transfer possession of a handgun to another law abiding citizen without going through a FFL and the NICS?
What is the so called "gun show loophole"?Last edited by Bruce Eimer; January 3rd, 2010 at 10:14 PM. Reason: correct error
Dr. Bruce Eimer www.PersonalDefenseSolutions.net
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January 3rd, 2010, 10:21 PM #2Banned
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Re: Private gun sales and transfers in PA
between child, parent, and grandparents a handgun may be transferred in pa without PICS, NICS, or an agent of the fed or state becoming involved.
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January 3rd, 2010, 10:28 PM #3
Re: Private gun sales and transfers in PA
Federal law doesn't restrict transfers of handguns or long guns between non-prohibited people within the same state. Some states, like PA, restrict handgun transfers (with limited exceptions). Some other states do not. Some states restrict long gun transfers, as well.
The "gun show loophole" is the theory that I can legally sell you my gun at a gun show without paperwork if I could also legally sell you that same gun without paperwork through a classified ad, at a flea market, at my yard sale, or if I heard you wanted to buy a gun that I wanted to get rid of. The gun show venue is irrelevant to the legality. It's either legal in the state, or not.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 3rd, 2010, 10:34 PM #4
Re: Private gun sales and transfers in PA
"Oderint Dum Metuant" - BMFH
"Tact is for people not witty enough to use sarcasm"
Note: any whingeing crazy that hits my PM inbox will be deleted without reply
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January 3rd, 2010, 10:38 PM #5
Re: Private gun sales and transfers in PA
Handguns must go through an FFL per 18Pa.C.S.6111
There are exceptions for FFL's, PD's, etc as well as between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild. per 6111(d)
There is no gunshow loophole. That's a red herring the anti's use to describe person to person sales, that are legal anywhere, not just gun shows, and do not supersede 6111 on handgun transfer requirements.
I have to ask also, is there some alternate reason for this post?_________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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January 3rd, 2010, 10:41 PM #6
Re: Private gun sales and transfers in PA
In PA all handgun transfers must get recorded, except between spouses, parent/child, grandparent/grandchild.
Per Federal law all interstate transfers of handguns must go through a FFL in the receiving party's state. Long guns can be transferred in any state, barring any state restrictions.
Only 5 state have handgun registration. Only a very few more record transfers like PA does. NC requires a license to purchase even though they don't have registration or recorded transfers. One or two require any private transferee to clear a NICS or POCS type check. Of the remaining states one can selling/trade/barter a handgun at free will without any checks or records.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
Don't end up in my signature!
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January 3rd, 2010, 11:42 PM #7Grand Member
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Re: Private gun sales and transfers in PA
To be nit-picky, a bequest is an exception to this federal requirement.
It should also be noted that a transfer is considered interstate if the parties are residents of different states, regardless of where the transaction takes place. You can't go to another state and buy a handgun there under the laws of that state.
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January 3rd, 2010, 11:48 PM #8
Re: Private gun sales and transfers in PA
Dr. Bruce Eimer www.PersonalDefenseSolutions.net
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January 4th, 2010, 01:00 AM #9
Re: Private gun sales and transfers in PA
Last edited by knight0334; January 4th, 2010 at 01:11 AM.
RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515, SteveWag
Don't end up in my signature!
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January 4th, 2010, 01:13 AM #10
Re: Private gun sales and transfers in PA
_________________________________________
danbus wrote: ...Like I said before, I open carry because you don't, I fight for all my rights because
you won't, I will not sit with my thumb up my bum and complain, because you will.
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