Transfer of out of state collection question

Rimfire · Sep 28, 2016

Greetings all, I have a question and figured someone here would know the answer faster than me continuing to read through web page after web page.

A friend of mine just called and let me know his uncle from PA is in poor health (but hopefully on the mend) and that he is going up over the weekend to help clean up his place and help him get rid of some things. He apparently had a collection of 5 firearms (all handguns I believe). Another uncle said just take them to the police station and turn them in :mad54:

but fortunately my friend said he would take care of them. now i know he cant just bring them back per the ATF that they have to go through FFL which is fine. he does not have an HQL but i do, if he has his uncle fill out on that end and send to me on this end can i receive all 5 or is there a limit? (i thought there was).

If there do happen to be long guns he is good to bring those back, correct? provided they are properly transported.

Based on what he knew does not sound like any of them are C&R eligible. What are the options here? We've both got clearances so needs to be done properly.

newmuzzleloader · Sep 28, 2016

Handguns have to be transferred from an FFL in Pa to an FFL in Md. Md FFL would have to hold them and disburse 1 every 30 days unless you are a designated collector. You can recieve them but NOT to give them to him. That kinda sounds borderline shady. He would have to get his HQL and then you transfer them to him via MSP or FFL.

gungate · Sep 28, 2016

newmuzzleloader said:
Handguns have to be transferred from an FFL in Pa to an FFL in Md. Md FFL would have to hold them and disburse 1 every 30 days unless you are a designated collector. You can recieve them but NOT to give them to him. That kinda sounds borderline shady. He would have to get his HQL and then you transfer them to him via MSP or FFL.

I think he can ship to the MD FFL from PA as long as the FFL is willing to accept them from a non-FFL.

Make sure to remove the magazines and transport them personally!

Rimfire · Sep 28, 2016

I was planning to do FFL to FFL and he has told me I can have them. He just doesnt want them to be turned in and destroyed, well go to the range together and shoot them but they would be mine (unless he wished to get and HQL and do transfer).

So I did find an exemption in §5–129. (a) Notwithstanding § 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if:
2(ii) the purchase of the regulated firearms is a bulk purchase from an estate sale;

is this no longer relevant?

section b mentions "The application for a multiple purchase" but i can find no further info on this...

How long are DC requests taking these days?

and Yep, already told him about the Mags

rbird7282 · Sep 28, 2016

Does your friend live in MD or PA? If MD, everything must go through a MD FFL and your friend will need an HQL. If his Uncle passes and leaves them to him in his will that may be different (not sure if he would need HQL then) IANAL.
I'm sure someone else will be along shortly with a more comprehensive answer.

Sent from my iPhone using Tapatalk

gungate · Sep 28, 2016

Rimfire said:
I was planning to do FFL to FFL and he has told me I can have them. He just doesnt want them to be turned in and destroyed, well go to the range together and shoot them but they would be mine (unless he wished to get and HQL and do transfer).

So I did find an exemption in §5–129. (a) Notwithstanding § 5-128(b) of this subtitle, a person may purchase more than one regulated firearm in a 30-day period if:
2(ii) the purchase of the regulated firearms is a bulk purchase from an estate sale;

is this no longer relevant?

section b mentions "The application for a multiple purchase" but i can find no further info on this...

How long are DC requests taking these days?

It took me just a couple of weeks to get the DC letter back. Do it now it takes 5 minutes it is good to have.

ddeanjohnson · Sep 28, 2016

resource

This very short article by a Virginia lawyer may help answer your question:

http://johnpierceesq.com/crossing-state-lines-with-inherited-and-gifted-firearms/

Pinecone · Sep 28, 2016

Not an estate sale until the owner passes.

Threeband · Sep 28, 2016

EVERYTHING must go through an FFL, even the Fudd long guns.

That's Federal law. Yes, you can buy from an FFL dealer in another state, but this is a private transfer, and federal law says private transfers across state lines have to go through a dealer.

His uncle, the Pa. resident, is the one transferring them to either you or his nephew.

Biggfoot44 · Sep 29, 2016

For Estate and enheritence provisions, the Uncle has to be deceased.

For handguns, the Uncle must either ship them directly to Md FFL, or in person to nearby Pa FFL, for them to ship to Md FFL. Due to difference in shipping cost, the later may be cheaper as long as the Pa FFL is reasonable in his fee.

Yes , in Md one per 30 days, or two in same transaction, unless Designated Collector

If you did the first 77R for two at once, and mailed your DC application same day, you will recieve it long before those 60days are up.

Rimfire · Sep 29, 2016

Thanks for all the good info. Got confirmation they are all Pistols. Have found a couple FFLs on the PA side and will be contacting some locally to receive. Have my DC letter ready to be notarized and sent in.

Appreciate all the helpful replies!

Transfer of out of state collection question

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