Gifting A Rifle To A Family Member In PA

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  • Dizzle

    Active Member
    Jan 27, 2018
    117
    I called the Stonehouse Gun Shop FFL dealer in Quarryville Pennsylvania and asked them if they would do the paperwork for the transfer from MD to PA and he said they do not require any paperwork to be done for rifle transfers he could do a background check for me if we wanted one but otherwise nothing is required. I know the family member is clear I just sold them a pistol two weeks ago and went through that FFL dealer to do the paperwork and background check. Pennsylvania is awesome!
     

    ted76

    Ultimate Member
    MDS Supporter
    Jan 20, 2013
    3,151
    Frederick
    I think that the FFL is wrong, because it is a Federal law that prohibits interstate transfers between non FFL license from different states with going through an FFL.
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,721
    Columbia
    FFL is wrong, must go through FFL. Only time it doesn't between states is inheritance (I believe)
     

    jrhzn

    Banned
    BANNED!!!
    Aug 17, 2017
    280
    What about the reverse? My father lives in North Carolina and he wants to gift me his collection, which includes a handful of AK47 rifles... Thoughts?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,217
    Issue #1 - Interstate transfers must go thru an FFL , and the Rifle or Shotgun must be legal in both states . Which brings us to .......

    Issue #2 - That stack of AK's was banned in Maryland in 2013 . Any Md legal rifles or shotguns he wishes to give you can be handled at NC FFL if you go there, or Md FFL if he comes ;here . Or he could ship them to Md FFL .
     

    ted76

    Ultimate Member
    MDS Supporter
    Jan 20, 2013
    3,151
    Frederick
    Can't you still inherit banned guns on the death of the owner?

    According to the MSP licensing portal user's guide, an HQL is not required for inheritance transfers. I did two of them before getting my HQL.

    You should also be ok with the XM15 as per exemption in Maryland Annotated Code:

    4-302 (5) the receipt of an assault weapon or detachable magazine by inheritance, and possession of the inherited assault
    weapon or detachable magazine, if the decedent lawfully possessed the assault weapon or detachable magazine and the
    person inheriting the assault weapon or detachable magazine is not otherwise disqualified from possessing a regulated
    firearm
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,217
    Yes, but they have to actually die, not just downsizing because they're getting old and not shooting much any more
     

    Dizzle

    Active Member
    Jan 27, 2018
    117
    Okay... If the rifle was bought in Pennsylvania and sold to a Pennsylvania resident then no paperwork is required...
     

    lazarus

    Ultimate Member
    Jun 23, 2015
    13,732
    Only if both parties are PA residents at the time of the sale

    Correct. If your residency changed to MD it has to go through an FFL in one of those people’s state’s of residency.

    As mentioned earlier, MD allows inheritance of banned firearms. But inheritance means that the person has to be dead. Also legal. Your buddy’s dad dies and he decides to give you an AK because he doesn’t like guns, it isn’t inheritance as you weren’t next of kin or named in the will.
     

    kalister1

    R.I.P.
    May 16, 2008
    4,814
    Pasadena Maryland
    https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

    To whom may an unlicensed person transfer firearms under the GCA?

    A person may transfer a firearm to an unlicensed resident of his or her State, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under Federal law. There may be State laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local restrictions.

    Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal firearms licensee (FFL) within the transferee’s State of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

    A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he or she or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

    A person may transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,721
    Columbia
    Correct. If your residency changed to MD it has to go through an FFL in one of those people’s state’s of residency.



    As mentioned earlier, MD allows inheritance of banned firearms. But inheritance means that the person has to be dead. Also legal. Your buddy’s dad dies and he decides to give you an AK because he doesn’t like guns, it isn’t inheritance as you weren’t next of kin or named in the will.






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    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Correct. If your residency changed to MD it has to go through an FFL in one of those people’s state’s of residency.

    No, it could be an FFL in a 3rd state.

    So MD resident could transfer a long gun to a PA resident at a WV FFL.

    But then the firearm would have to be legal in MD, PA and WV.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Yes, as long as they were purchased before Oct. 2013

    Are you sure about that?

    I thought that they only need to have been legally purchased. So father could buy in NC after 10/1/13, and upon death, could transfer to MD son.
     

    Dizzle

    Active Member
    Jan 27, 2018
    117
    Wow so you could even loan a gun to a family member in another state. Interesting read here thank you all for your help!
     

    rbird7282

    Ultimate Member
    MDS Supporter
    Dec 6, 2012
    18,721
    Columbia
    Are you sure about that?



    I thought that they only need to have been legally purchased. So father could buy in NC after 10/1/13, and upon death, could transfer to MD son.



    I’d have to look it up to double check, I could’ve mistaken


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    lazarus

    Ultimate Member
    Jun 23, 2015
    13,732
    Wow so you could even loan a gun to a family member in another state. Interesting read here thank you all for your help!

    So long as both states allow loans (in general), yes. Some states call out that loans must be temporary in nature and sometimes call out what that means. Loaning a gun across state lines for 30 years is temporary...but you know, could maybe get you in trouble. Dropping your guns off with your parents because you are getting deployed for 6 months, I doubt you’d get in trouble unless it’s one of those weird commie states.
     

    Sealion

    Ultimate Member
    MDS Supporter
    May 19, 2016
    2,711
    Balto Co
    I didn't want to start a new thread for a very similar topic so here goes: What do I need do to legally transfer ownership of a MD compliant AR 15 to my 18 year old son? I want him to have ownership before GA gets back to work "helping" us.
     

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