Father/Son transfer from PA to MD

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  • novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I have the C&R. It's not on the list. If I just leave it in PA at the house, I can take advantage of the PA Open Carry when I visit. :)

    Remember that it only has to be over fifty years old and it is automatically a C&R, but I assume you know this of course.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    I was under the impression that the only time an FFL had to become involved was if the transfer was part of a sale.

    Like I cited above, no person shall "transfer, sell, trade, give, transport, or deliver any firearm to a person" not a resident of their state and no person shall "shall transport into or receive in the State where the person resides any firearm purchased or otherwise obtained by such person outside that State".
    There are exceptions for things like inheritance for instance, but generally speaking it is ALL transfers of ownership across state lines or to residents not of the same state that need an FFL involved.
     

    Flash

    Active Member
    Jan 1, 2008
    154
    Adams County Pa.
    Negative - it depends upon the laws in the State of Pennsylvania. Are you sure it's "registered" to him? According to some quick research I did, there is no registration of handguns in PA.

    In Nebraska, it's perfectly legal for a father to give any kind of regular gun (shotgun, rifle, handgun) to another member of the family with no paper shuffle. Likewise, there is no law that says that you have to put a handgun on the books in Maryland unless you purchase one. I inherited a number of handguns in Nebraska - essentially given to me by my Mom who was the initial beneficiary - and I legally brought them to Maryland without filling out any paperwork. It's simply not a law that you have to do so.

    You are incorrect! All handguns must be registered in Pennsylvania. I was given several handguns of my father's collection and I had to register them all if I wanted to own them legally. Dad lived in Baltimore. Valley Gun Shop shipped them to my FFl and I did all the paperwork.
     

    Flash

    Active Member
    Jan 1, 2008
    154
    Adams County Pa.
    Novus, I don't think that is accurate and I don't believe an FFL must be involved. For instance, let's say that while my Dad was still alive and I was living as a resident in Maryland, had he wanted to give me a handgun while I was visiting him in Nebraska. Since there are no laws that dictate that paperwork must be completed or filed for a parent to give a gun to their child who is of age to own, the the gun becomes mine free and clear in Nebraska and I can legally bring it to the state of Maryland. The ONLY time an FFL needs to become involved is if it's an NFA/Class III firearm or if the firearm is purchased.

    If Vette97 as the son takes possession of the gun in Pennsylvania as the son and if no paperwork is required for that transaction, then he can legally take the gun to Maryland since there is no registration or any other paperwork required in Maryland unless the handgun is being purchased. If you can find and post links to supporting documentation that refutes that, great, but otherwise the laws of the state of Pennsylvania prevail, regardless of the state of residency of the recipient if the recipient is the child of the gun owner.

    Again, incorrect! All handguns in Pennsylvania must be registered and for ownership to exchange across state lines, an FFL must do the transfer to remove the registration from the Pa. resident and apply it to the new owner in Maryland. Otherwise, it will always be registered to the Pa. resident and to cross the state line with an unregistered handgun is a felony. If it is registered to Johnny in Pa. and Billy now has possession of it in Maryland, the law does not apply to Johnny, it applies to Billy who has possession of a handgun not registered to him a.k.a "Unregistered".
     

    Flash

    Active Member
    Jan 1, 2008
    154
    Adams County Pa.
    Unless the laws changed after I left PA in 1996 (I lived there 22 years), there was no registration.

    http://www.pafoa.org/forum/question-answer-40/30015-registration.html

    This is a link to The Pennsylvania Firearms Owners Association. What branch of law enforcement is that? Contact the BATF in Harrisburg and you'll get the answer that they go by. The PAFOA has as much legal influence as an automobile dealership. I must remember to call them for the next firearm related legal advise I need. :lol2:
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    Again, incorrect! All handguns in Pennsylvania must be registered and for ownership to exchange across state lines, an FFL must do the transfer to remove the registration from the Pa. resident and apply it to the new owner in Maryland. Otherwise, it will always be registered to the Pa. resident and to cross the state line with an unregistered handgun is a felony. If it is registered to Johnny in Pa. and Billy now has possession of it in Maryland, the law does not apply to Johnny, it applies to Billy who has possession of a handgun not registered to him a.k.a "Unregistered".
    PA has no registration for handguns. They have recordation of sale which is like in MD.
    http://www.nraila.org/statelawpdfs/PASL.pdf
    http://www.nraila.org/media/misc/Compendium.htm
    The reason an FFL is needed to transfer from PA to MD is not because of PA law, it is because of fed law.

    It is not a felony to cross state lines with an unrecorded handgun. If Johnny moved to MD, he does not have to tell PA. If Johnny moved to VA, he could sell it to another VA resident and no one in government would know, especially not PA.
     

    novus collectus

    Banned
    BANNED!!!
    May 1, 2005
    17,358
    Bowie
    This is a link to The Pennsylvania Firearms Owners Association. What branch of law enforcement is that? Contact the BATF in Harrisburg and you'll get the answer that they go by. The PAFOA has as much legal influence as an automobile dealership. I must remember to call them for the next firearm related legal advise I need. :lol2:
    All handgun transfers between non licensees across state lines have to go through an FFL. This is federal law and has nothing to do with PA law.

    But if you don't believe me, look for yourself and see if you can find some of what you said. http://www.atf.treas.gov/firearms/statelaws/26thedition/pennsylvania.pdf
     

    vette97

    Ultimate Member
    Feb 9, 2008
    1,915
    Carroll County, Maryland
    Flash - Call Harrisburg in the morning and ask if they made the following illegal yet!

    Title 18 PA CRIMES CODE
    CHAPTER 61
    SUBCHAPTER A
    § 6111. Sale or transfer of firearms.
    (c) Duty of other persons. -- Any person who is not a licensed
    importer, manufacturer or dealer and who desires to sell or
    transfer a firearm to another unlicensed person shall do so only
    upon the place of business of a licensed importer, manufacturer,
    dealer or county sheriff's office, the latter of whom shall
    follow the procedure set forth in this section as if he were the
    seller of the firearm. The provisions of this section shall not
    apply to transfers between spouses or to transfers between a
    parent and child or to transfers between grandparent and
    grandchild.

    §6111.4. Registration of Firearms.
    Notwithstanding any section of this chapter to the contrary,
    nothing in this chapter shall be construed to allow any govern
    ment or law enforcement agency or any agent thereof to create,
    maintain or operate any registry of firearm ownership within this
    Commonwealth.
     
    Last edited:

    Drmsparks

    Old School Rifleman
    Jun 26, 2007
    8,441
    PG county
    This is a link to The Pennsylvania Firearms Owners Association. What branch of law enforcement is that? Contact the BATF in Harrisburg and you'll get the answer that they go by. The PAFOA has as much legal influence as an automobile dealership. I must remember to call them for the next firearm related legal advise I need. :lol2:

    Actually groups like PAFOA have lawyers that understand the laws better than most police departments- as you can judge by the number of lawsuits local police departments have lost due to not understanding state firearms laws.

    The BATF is the final authority on interstate transfers. I would argue that the state police in Maryland doing transfers may be considered the equivalent of an FFL by BATF but that is their call.

    And it has been clearly shown that there is no registration of firearms in PA only a record of sale that is legislated not to be a registration....;
     
    Last edited:

    Jimbob2.0

    Ultimate Member
    Feb 20, 2008
    16,600
    Does it matter? And even mroe intriguing can they approve the time of transfer.

    Doesnt Maryland Law state any legally obtained gun, unless it is an assualt pistol can be brought with you into the state. So if your father gave you the pistol before you moved, as PA will legally permit transfer between father and son as gift wouldnt you theoretically be in the clear?

    Gotta love these legal discussiON!
     

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