Was given several firearms as a gift. Can I transfer them from Mass. to PA?

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[ARCHIVED THREAD] - Was given several firearms as a gift. Can I transfer them from Mass. to PA?

Posted: 12/12/2005 7:16:53 AM EDT

My father-in-law just gave me his gun collection.

Is it legal for me to drive up there, put them in the trunk and drive home?

Or must I have them shipped to an FFL in PA?

When I buy from out of state, I know I must do this (ship to an FFL). But if it is a gift from a family member, does it make any difference?

I want to do everthing legal, but do not wish to pay transfer fees/shipping if there is no need.

Thanks!

Posted: 12/12/2005 12:39:08 PM EDT

[#1]

Fed Law allows ONLY inheritance interstate transfers without an FFL. Therefore it is a felony to do an interstate transfer between any two (even related) parties for any guns.

In most cases (NOT MA) you would be able to drive up here, go with your Father-in-law to a local dealer and do the transfers.

HOWEVER, MA passed a law some time ago which PROHIBITS any NR from buying/transferring (taking possession) of a gun or ammo in MA!

So, that won't work either.

I wish the news was better for you.

Posted: 12/12/2005 1:03:47 PM EDT

[#2]

Sounds like you father-in-law needs to drive down to PA for Christmas and give you your presents.

Posted: 12/12/2005 2:56:50 PM EDT

[#3]

FWIW (possibly nothing) the benefactor IS STILL among the living, so inheritance laws (if seperate from others) should not apply.

Posted: 12/12/2005 5:41:29 PM EDT

[#4]

If you are standing in front of him he can give them to you. Then they belong to you.

Posted: 12/12/2005 5:44:42 PM EDT

[#5]

Quoted:
If you are standing in front of him he can give them to you. Then they belong to you.

Then you grab your ankles. Then you become bubba's bitch.

who would know the better? probably no one. But be advised, doing so is illegal.

Posted: 12/12/2005 5:58:37 PM EDT

[#6]

Thanks for all the informative (and entertaining) replies!

Would it be legal for him to drive them down to me? If he did that , we would still have to do a transfer at a PA FFL right?

Thanks again.

Posted: 12/14/2005 8:32:42 AM EDT

[#7]

Quoted:
Thanks for all the informative (and entertaining) replies!

Would it be legal for him to drive them down to me? If he did that , we would still have to do a transfer at a PA FFL right?

Thanks again.

Yes, it would be legal. That is the best way to do this (PA FFL).

Posted: 12/14/2005 11:58:12 AM EDT

[#8]

Quoted:
Quoted:
Thanks for all the informative (and entertaining) replies!

Would it be legal for him to drive them down to me? If he did that , we would still have to do a transfer at a PA FFL right?

Thanks again.

Yes, it would be legal. That is the best way to do this (PA FFL).

Now....I am not a lawyer, but I did stay in a Holiday Inn Express last night.

If he drove down to PA and gave them to you in your living room.........why would you go to the trouble and expense of going to an FFL?? Does PA have a gun registration law that I am unaware of?......if there is no law requiring registration.......why oh why, would you put them on a 4473???

Accountant

Posted: 12/14/2005 1:31:41 PM EDT

[#9]

"...if there is no law requiring registration.......why oh why, would you put them on a 4473?"

Because the feds set the rules on interstate transfers?
If they are all long guns he might be OK. The transfer of a handgun across state lines requires at least one FFL to get involved at the receiving end.

Posted: 12/14/2005 8:36:49 PM EDT

[#10]

Quoted:
"...if there is no law requiring registration.......why oh why, would you put them on a 4473?"

Because the feds set the rules on interstate transfers?
If they are all long guns he might be OK. The transfer of a handgun across state lines requires at least one FFL to get involved at the receiving end.

The transfer of ALL GUNS interstate require at least 1 FFL! ONLY exception is in the settlement of an estate (deceased party), which is luckily not the case here.

The rest of your statements are correct. The Feds determine that private transfer of ANY GUN interstate is a FELONY! Not a recommended course of action to save some money.

Posted: 12/15/2005 5:33:44 AM EDT

[#11]

Quoted:
If he drove down to PA and gave them to you in your living room.........why would you go to the trouble and expense of going to an FFL?? Does PA have a gun registration law that I am unaware of?......if there is no law requiring registration.......why oh why, would you put them on a 4473???

Accountant

The transfer you are proposing is illegal under both federal and PA state laws. Even if the FIL was a resident of PA the private transfer of any handguns are restricted under PA law. The only exceptions are for " transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild."

Posted: 12/15/2005 5:39:33 AM EDT

[#12]

Quoted:
Quoted:
If he drove down to PA and gave them to you in your living room.........why would you go to the trouble and expense of going to an FFL?? Does PA have a gun registration law that I am unaware of?......if there is no law requiring registration.......why oh why, would you put them on a 4473???

Accountant

The transfer you are proposing is illegal under both federal and PA state laws.
I don't want to do that![/b]

Even if the FIL was a resident of PA the private transfer of any handguns are restricted under PA law. The only exceptions are for " transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild."

Hmmm....so father-in-law could give to daughter / wife and then wife could give to husband?

For the record: I don't want the guy to break the law and go to jail but all of this is a little silly.

Posted: 12/15/2005 7:32:17 AM EDT

[#13]

"The transfer of ALL GUNS interstate require at least 1 FFL! "

FAce to face sales of long guns are allowed under certain conditions.

Posted: 12/15/2005 8:45:31 AM EDT

[#14]

Quoted:
"The transfer of ALL GUNS interstate require at least 1 FFL! "

FAce to face sales of long guns are allowed under certain conditions.

Private transfers (FTF) of either handguns or long guns is regulated by your state of residence and FTF transfers are only permitted between legal residents of the state they both reside in. Other then the exception for settlement of an estate (and a few others that usually don't apply) all interstate transfers must be made through a FFL in any state for a long gun or only in your state of residence for a handgun.

Posted: 12/15/2005 8:55:31 AM EDT

[#15]

Must suck to be from the east coast. Up here were would simply go visit and take home the fire area. Man to Man. You guys spend to much time thinking what the Goverment will allow you to do with your own property. Please do not move west and bring your way of thinking with you.

Posted: 12/15/2005 9:22:26 AM EDT

[#16]

Jesus Christ and General Jackson. PA doesn't have gun registration, just take the things home.

Posted: 12/15/2005 9:37:46 AM EDT

[#17]

Quoted:
I want to do everthing legal, but do not wish to pay transfer fees/shipping if there is no need.

Thanks!

It appears some of you have a reading comprehension problem. He asked how to do it legally not illegally. If he didn't care one way or the other he wouldn't have asked the question to begin with. Now it's up to him as to what he does. Oh yeah all he needs is to have his wife or another family member drop a dime on him about his illegal firearm transfers if they should have a falling out.

Posted: 12/15/2005 10:39:57 AM EDT

[#18]

There are other long gn face to face rules. By agreements between states face to face transfers between residents of the states are allowed. As a Virginia resident i can purchase long guns in WV and MD and carry them right on home.

Posted: 12/15/2005 10:58:32 AM EDT

[#19]

Quoted:
There are other long gn face to face rules. By agreements between states face to face transfers between residents of the states are allowed. As a Virginia resident i can purchase long guns in WV and MD and carry them right on home.

That would be incorrect. ALL interstate transfers of both long guns and handguns are regulated by Federal law. FTF transfers of any gun are only legal between residents of the same state and if permitted under state law. If you are doing a (private) non-dealer FTF transfer with an out-of-state resident you are violating federal law. As a Virginia resident you can purchase long guns in another state from an FFL and not in a FTF private transfer.

Posted: 12/15/2005 11:57:28 AM EDT

[#20]

Quoted:
Quoted:
There are other long gn face to face rules. By agreements between states face to face transfers between residents of the states are allowed. As a Virginia resident i can purchase long guns in WV and MD and carry them right on home.

That would be incorrect. ALL interstate transfers of both long guns and handguns are regulated by Federal law. FTF transfers of any gun are only legal between residents of the same state and if permitted under state law. If you are doing a (private) non-dealer FTF transfer with an out-of-state resident you are violating federal law. As a Virginia resident you can purchase long guns in another state from an FFL and not in a FTF private transfer.

Ditto.

There is no legal means to obtain a firearm outside of your state of residence, unless from, or transferred through, an FFL.

Posted: 12/15/2005 12:05:20 PM EDT

[#21]

I thought I read about some guy (in MA) that wished to give his son-in-law (in PA) his gun collection, but that he lost all the guns in a tragic boating accident before he could give them away.

Posted: 12/15/2005 12:44:20 PM EDT

[#22]

Quoted:
I thought I read about some guy (in MA) that wished to give his son-in-law (in PA) his gun collection, but that he lost all the guns in a tragic boating accident before he could give them away.

Dang, that's terrible. Boats and guns don't mix.

Posted: 12/15/2005 6:10:52 PM EDT

[#23]

Since some seem to have a hard time believing the BATFE Laws/Regs, here it is from the horse's ...

www.atf.gov/firearms/faq/faq2.htm#b2

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

A person may only buy a firearm within the person's own state, except that he or she may buy 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. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

What an individual decides to do is up to them, but here's the actual law in black and white.

Posted: 12/15/2005 6:33:16 PM EDT

[#24]

Quoted:
Quoted:
I thought I read about some guy (in MA) that wished to give his son-in-law (in PA) his gun collection, but that he lost all the guns in a tragic boating accident before he could give them away.

Dang, that's terrible. Boats and guns don't mix.

I agree. Extremely tragic.

Ban boats.... it's for the children.

Posted: 12/16/2005 3:16:35 PM EDT

[#25]

Quoted:
Since some seem to have a hard time believing the BATFE Laws/Regs, here it is from the horse's ...

www.atf.gov/firearms/faq/faq2.htm#b2
(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only buy a firearm within the person's own state, except that he or she may buy 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. [18 U. S. C 922( a)( 3) and (5), 922( b)( 3), 27 CFR 178.29]

What an individual decides to do is up to them, but here's the actual law in black and white and red.

Thank you very much; that clears things up nicely.

Posted: 12/16/2005 3:53:12 PM EDT

[#26]

Quoted:
I thought I read about some guy (in MA) that wished to give his son-in-law (in PA) his gun collection, but that he lost all the guns in a tragic boating accident before he could give them away.

That's the way I read it.

Posted: 12/18/2005 5:18:33 AM EDT

[#27]

Quoted:
Must suck to be from the east coast. Up here were would simply go visit and take home the fire area. Man to Man. You guys spend to much time thinking what the Goverment will allow you to do with your own property. Please do not move west and bring your way of thinking with you.

Check your friends to the south. And east for that matter.

Posted: 1/4/2006 11:11:23 PM EDT

[#28]

I have to laugh a bit reading all this - This is the wife in question.... Husband left for work trip and left screen name logged in....

Don't worry - he will only go through mild harassment and teasing for this. Maybe I need to get a screen name :)

Posted: 1/5/2006 4:31:37 AM EDT

[#29]

Quoted:
I have to laugh a bit reading all this - This is the wife in question.... Husband left for work trip and left screen name logged in....

Don't worry - he will only go through mild harassment and teasing for this. Maybe I need to get a screen name :)

Pr0n check?

Go easy on him! Federal and state laws are kind of complex, and simple answers don't ever seem to co-exist with bureaucracies.

By all means, Mrs. Jeepn, get your own login name, Arfcom has a great Women's forum...and then you can search for the other silly questions he may have asked!

Posted: 1/6/2006 4:02:23 PM EDT

[#30]

You guys are missing 2 important issues here.

1. Residency is not defined in the Code; it is, in fact, a matter of state not federal law. D/K MA law on residency, but there are certainly states where residence is established simply.

2. The Code permits transfers not only with residents of the states, but also businesses and business owners in that state. It is thus perfectly legal under the Code to go to a state,establish a business (Inc or otherwise) and transfer or recieve a firearm. Again, d/k MA law, but if gift recipient could comply with state possession and transfer law, under these circumstances transfer would be fed legal.

Posted: 1/16/2006 8:57:06 PM EDT

[#31]

Quoted:
You guys are missing 2 important issues here.

1. Residency is not defined in the Code; it is, in fact, a matter of state not federal law. D/K MA law on residency, but there are certainly states where residence is established simply.

2. The Code permits transfers not only with residents of the states, but also businesses and business owners in that state. It is thus perfectly legal under the Code to go to a state,establish a business (Inc or otherwise) and transfer or recieve a firearm. Again, d/k MA law, but if gift recipient could comply with state possession and transfer law, under these circumstances transfer would be fed legal.

I disagree. Here's the c&p of the part of the Code where it says what 'residency' is:

(B12) What constitutes residency in a state?
The state of residence is the state in which an individual is present with the intention of making a home in that state.

(humor ON)
So... if his father-in-law decides to "live" in the state in question for, say, a week... he may legally transfer his gun collection! (Humor OFF)

[ARCHIVED THREAD] - Was given several firearms as a gift. Can I transfer them from Mass. to PA?

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