platoonDaddy
Ultimate Member
Father living in MD, son living outside state. Father has both handguns & long guns, wants to transfer ownership to son.
Does he need a FFL or unregulated?
Does he need a FFL or unregulated?
Firearm transfer to son regulated?
- Thread starter platoonDaddy
- Start date
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esqappellate
President, MSI
- Feb 12, 2012
- 7,408
See 18 usc 922(a)(3):
It is unlawful:
***
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector
to transport into or receive in the State where he resides (or if the person is a corporation or other business entity,
the State where it maintains a place of business) any firearm purchased or otherwise obtained by such
person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a
firearm by bequest or intestate succession in a State other than his State of residence from transporting the
firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in
that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection
(b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State
prior to the effective date of this chapter
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,283
Since son is out of state, an FFL must be involved for all firearms.
Handguns require FFL in son's state.
Long guns can be FFL here, there, or anywhere.
It wasn't asked yet, but the next questions are :
By law , Dad can either ship directly, or deliver in person to out of state FFL . Not all FFL care to recieve from non-FFL , and some will accept in person, but not by common carrier . Ask first.
Handguns require FFL in son's state.
Long guns can be FFL here, there, or anywhere.
It wasn't asked yet, but the next questions are :
By law , Dad can either ship directly, or deliver in person to out of state FFL . Not all FFL care to recieve from non-FFL , and some will accept in person, but not by common carrier . Ask first.
Any version of this for those of us that went to public school?
- Apr 25, 2017
- 1,645
I had the same problem until I reread it and saw where it said, at the beginning, "It is unlawful:
deesly1
Active Member
- Nov 16, 2011
- 412
So which state is regulating the law. let's take PA transfer between wife/husband Parent/child, or grand parent/grandchild DOES NOT NEED ANY PAPER TRAIL...NO FFL. Check PA code. So which state would regulate that exchange? PA Firearms code 18 Pa.C.S. § 6111
Federal law supercedes state law and any interstate transfer requires an FFL to facilitate. Even between residents of the same state. So if I toted, let's say a Mosin to the G-burg show and an MD resident wanted to buy it, I would have to either go through an FFL, OR come back to MD and folliw MD's laws which allow me to sell FTF.
deesly1
Active Member
- Nov 16, 2011
- 412
So what is the Federal Law that governs the Transfer between immediate family because that is what is in question. Not some random seller from state A to state B!
Federal law makes no distinction for family members.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Correct. You have to obey both federal law and state law. E.G. Federal law allows (in (b)(3) of Section 922) a FFL to sell a long gun to an out of state resident, as long as the sale is permissible under the law of both the state in which the sale is taking place AND the law of the state in which the out of state person resides. Thus, a MD resident couldn't go to to a PA FFL to buy an AR banned in MD.
- Feb 4, 2013
- 28,175
Inherit is NOT the same as transferring between living parties.
If the owner is resident of one state and recipient is resident of a different state, FFL MUST be involved. Or, if you get caught, you are guilty of a felony, and the gov will get ALL the firearms, and you will never be able to own one again.
If the owner is resident of one state and recipient is resident of a different state, FFL MUST be involved. Or, if you get caught, you are guilty of a felony, and the gov will get ALL the firearms, and you will never be able to own one again.
5.56blaster
Ultimate Member
Ain't the government great.
- Feb 4, 2013
- 28,175
By talking about it on an open forum for one.
Regulus91
Member
I was under the impression though that you could go to PA and buy any non-NFA, non-MD FSA2013 regulated long gun and bring it back to MD "cash and carry" over the state line. I'm not challenging you, I just need help understanding this. Does this thread only cover transfers between two private parties where neither party leaves their respective state of residence, and instead must ship the long gun through an FFL?
Could the son living in PA go to MD and buy, say, a Remington 870 with a 24" barrel for waterfowl hunting from a Walmart and take it back to PA, or can he only buy one from an FFL in MD and have it shipped to an FFL in PA?
Biggfoot44
Ultimate Member
- Aug 2, 2009
- 33,283
The son (or any non-Prohibited Person of proper age) my purchase a rifle or shotgun from FL in Md over the counter and take home to Pa ( subject to rifle or shotgun being legal in both states ). The key phrase is FFL , can not be from private person .
This is same for any non-Prohibited Person, equally in either geographic direction.
This is same for any non-Prohibited Person, equally in either geographic direction.
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
Answer is that 922(a)(3) creates a general ban for all firearms (including long guns), but then makes an express exception for long guns sold by a dealer to a non-resident under 922(b)(3), which provides:
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to
sell or deliver--
*****
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or
if the person is a corporation or other business entity, does not maintain a place of business in) the State in
which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or
delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business
is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer,
importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to
the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B)
shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes
shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes
Well how is that 5 year hunting trip your son used your firearms for just saying
esqappellate
President, MSI
- Feb 12, 2012
- 7,408
I don't give legal advice to folks on the fora, but playing cute with a federal felony rap is not something I would ever do......
