Buying a long gun from an individual in PA?

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Maverick17
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Buying a long gun from an individual in PA?

Post by Maverick17 »

I don't believe I need to use an FFL, correct if meeting face to face?

The seller thinks this is the case as well.

Are we correct?

Thanks!!
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Re: Buying a long gun from an individual in PA?

Post by Jim-in-Toledo »

Maverick17 wrote:I don't believe I need to use an FFL, correct if meeting face to face?

The seller thinks this is the case as well.

Are we correct?

Thanks!!
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Re: Buying a long gun from an individual in PA?

Post by Stryker74 »

Maverick17 wrote:I don't believe I need to use an FFL, correct if meeting face to face?

The seller thinks this is the case as well.

Are we correct?

Thanks!!

Yes, you need an FFL for interstate transactions.

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Re: Buying a long gun from an individual in PA?

Post by sodbuster95 »

I'll pile on...

Both you and the seller are absolutely incorrect. You MUST use an FFL (licensee) to transfer the firearm.

See 18 U.S. Code § 922(a)(5) - Unlawful acts
(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor 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 transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
Because this is a long arm, you may use an FFL in either PA or OH to conduct the transfer. In contrast, if it were a handgun, you would be required to use an FFL in OH.
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Re: Buying a long gun from an individual in PA?

Post by Maverick17 »

Glad I asked....

thanks
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Re: Buying a long gun from an individual in PA?

Post by Sevens »

What is also curious about this is that your fellow in PA can't even sell to his neighbor without the assistance of an FFL, so I can't imagine why he thought he could sell it to someone out of state with no FFL.
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Re: Buying a long gun from an individual in PA?

Post by gaptrick »

What about a shotgun sale within the state of OH? Can it be shipped to my door? I didn't ever think the rules would be different from handguns... Are they?
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Re: Buying a long gun from an individual in PA?

Post by hAkron »

gaptrick wrote:What about a shotgun sale within the state of OH? Can it be shipped to my door? I didn't ever think the rules would be different from handguns... Are they?
Shotgun or handgun (even rifles) sale within the state of Ohio, between 2 Ohio residents can absolutely legally be shipped from seller to buyer. Not USPS, but something like UPS or FedEx...the only problem is that UPS and FedEx policy doesn't permit it.
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Re: Buying a long gun from an individual in PA?

Post by budman70 »

I sent my xds in for recall using fedx. I told the clerk at the drop-off office it was a hand gun and she said so and put it in the pick=up bin. She did give me a tracking number but didn't seem care it was a gun.
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Re: Buying a long gun from an individual in PA?

Post by Tru-Heathen »

As did I, but that was different,we were sending it back to the manufacturer (on their dime) for recall. Springfield Armory made the arrangements with Fed-Ex for that. We were supposed to tell them it was a firearm,even if the clerk didn't know that fact.
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Re: Buying a long gun from an individual in PA?

Post by sodbuster95 »

hAkron wrote:
gaptrick wrote:What about a shotgun sale within the state of OH? Can it be shipped to my door? I didn't ever think the rules would be different from handguns... Are they?
Shotgun or handgun (even rifles) sale within the state of Ohio, between 2 Ohio residents can absolutely legally be shipped from seller to buyer. Not USPS, but something like UPS or FedEx...the only problem is that UPS and FedEx policy doesn't permit it.
That is not entirely accurate. Shotguns and rifles may be shipped via USPS to a non licensed individual within Ohio (I.E. an Ohio resident transferring a rifle or shotgun to another Ohio resident.)

Handguns may not be shipped via USPS and can only be shipped via common carrier (UPS, FedEx).

See 18 U.S.C. 1715

See, also, USPS Policy 600, 12.2
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