Can i buy and accept a handgun in PA if i live in NJ

[redtornado23 0]

If i live in NJ can i drive to PA, buy a handgun, take ownership, and drive back?  I'm pretty sure the answer to this is no, but i want to be sure.  Someone is telling me it can be done since PA is contiguous with NJ but i'm trying to tell them it's not possible.

 

I found this on another forum:

 

You cannot purchase a handgun in a state other than your state of residence. Legally, that is. An FFL will shut you right down.
You can purchase a long gun (rifle, shotgun) anywhere in the USA, but not handguns. You can purchase a handgun if you have the handgun shipped directly to an FFL Dealer in your state of residence. That dealer will complete the NICS check with your 4473. The transfer to you must take place in your state of residence.  When I purchase a handgun via the Internet, for example, I have the handgun shipped to my local dealer. He then completes the transfer to me just as he does when he is selling me the gun.

Short answer: Can't do it.  "interstate"

Long answer: Can do it, but can't accept handgun in other state. The seller must ship it to a dealer in your state. Said dealer then makes the "intrastate" transfer to you.

[Blacksmythe 71]

No. Its stupid but the answer is no. Its kind of like being able to buy dozens of rifles but only one hand gun a month.

[boo 6]

Second Amendment Foundation is in the process of challenging this in Mance v Holder, but who knows how long this will take to go through the system.

[tj462nj 32]

any handgun purchase from out of state must go ffl to ffl

[Pizza Bob 1,488]

any handgun purchase from out of state must go ffl to ffl

 

No, it must be transferred to the buyer in the buyer's state of residence - does not need to come from an FFL. Some FFL's will not accept firearms shipped from private parties - but that is their policy, not the law.

 

Adios,

 

Pizza Bob

[redtornado23 0]

thanks for the quick feedback...

 

and that's what i thought.  i hate that things are so messed up that someone asking me a question will make me revisit the issue or think i might be wrong about something like that.

[DeerSlayer 241]

Yes you can, but not legally according to federal law. So I wouldn't recommend it.

Doubtful any FFL would hand you the gun anyway. They would probably ask what NJ dealer you want it shipped to.

 

[mipafox 438]

This was going to be "fixed" as part of the Toomey (PA) - Manchin (WV) gun surveillance and registration act of 2013 ( ). It was the "sweetener."

 

There actually is a way to buy a handgun out of state, legally, with no FFL. But if I post it, they will move this thread to the 1A forum

[Carcano 14]

No, it must be transferred to the buyer in the buyer's state of residence - does not need to come from an FFL. Some FFL's will not accept firearms shipped from private parties - but that is their policy, not the law.

 

Adios,

 

Pizza Bob

 

Yep, legally anyone can send it along with a copy of DL via overnight or 2-day air. Some FFL's aren't comfortable accepting from private parties (non-FFL's).

[MidwestPX 172]

Yep, legally anyone can send it along with a copy of DL via overnight or 2-day air. Some FFL's aren't comfortable accepting from private parties (non-FFL's).

Sort of.  Legally, you can send it by ground as a non-licensee.  You're just breaking the shipping company's rules if you do that.  Unless you have a negotiated contract with UPS/FedEx, you have to ship by next day air.  The larger volume shippers have exceptions to that rule as they send tons of handguns each year (distributors primarily).  What's illegal is non-licensees shipping handguns by USPS.

[Smokin .50 1,907]

If i live in NJ can i drive to PA, buy a handgun, take ownership, and drive back?  I'm pretty sure the answer to this is no, but i want to be sure.  Someone is telling me it can be done since PA is contiguous with NJ but i'm trying to tell them it's not possible.

 

I found this on another forum:

 

You cannot purchase a handgun in a state other than your state of residence. This rule is for MODERN hand guns.  Cap and Ball revolvers and single-shot black powder pistols aren't hand guns federally, so therefore they are EXEMPT!   Legally, that is. An FFL will shut you right down.

You can purchase a long gun (rifle, shotgun) anywhere in the USA, but not handguns. You can purchase a handgun if you have the handgun shipped directly to an FFL Dealer in your state of residence. That dealer will complete the NICS check with your 4473. The transfer to you must take place in your state of residence.  When I purchase a handgun via the Internet, for example, I have the handgun shipped to my local dealer. He then completes the transfer to me just as he does when he is selling me the gun.

 

Short answer: Can't do it.  "interstate"

 

Long answer: Can do it, but can't accept handgun in other state. The seller must ship it to a dealer in your state. Said dealer then makes the "intrastate" transfer to you.

So, you see it all depends upon exactly which type of hand gun you're trying to buy, lol!  Because I can waltz into Cabela's and buy every antique and/or reproduction they have for sale that was manufactured prior to 1898 and for which no "readily available" fixed commercial ammunition exists.  Besides, when is the last time somebudy held up the last national bank with a pin-fired .44-40?

 

Now you have the WHOLE STORY, lol!

 

Paul Harvey (aka Smokin' .50)

[tattooo 220]

This was going to be "fixed" as part of the Toomey (PA) - Manchin (WV) gun surveillance and registration act of 2013 ( ). It was the "sweetener."There actually is a way to buy a handgun out of state, legally, with no FFL. But if I post it, they will move this thread to the 1A forum

let them move the thread.... spill tbe beans dude

[Carcano 14]

let them move the thread.... spill tbe beans dude

 

He's full of it, no way can someone with a NJ DL buy a pistol in PA and carry it back (in person) legally. Federal Law.

 

I *think* C&R holders can buy C&R eligible handguns out of state and transport them back since a C&R is a (limited) FFL for collectors but NJ doesn't recognize C&R licenses without a NJ retail firearms license (takes away the purpose of having a C&R license.

 

Edit: Ball and cap, pre-1898 firearms (pre-1898 cartridge pistols/rifles) and "80%" 1911 frames (illegal to finish in NJ) are all legal to purchase out of state (at the Federal level).

[boo 6]

Get a PA drivers license, problem solved. Heck, I wonder if PA FFLs will honor a lease agreement.

[Carcano 14]

Get a PA drivers license, problem solved. Heck, I wonder if PA FFLs will honor a lease agreement.

 

You need to reside in PA, you must maintain a residence in PA...summer homes are pushing it. I forget what the ATF had to say about "permanent residence" but worth researching before someone attempts this just to purchase firearms...

 

I don't know of any PA FFL that would sell you a handgun with NJ DL and PA lease agreement. Long guns I know they will sell you with a NJ DL and PA lease agreement (most shops)...

[MidwestPX 172]

You'd need a government-issued document with your name and PA address to establish residence and the photo ID would be used to establish identity.

[Carcano 14]

You'd need a government-issued document with your name and PA address to establish residence and the photo ID would be used to establish identity.

 

But you need to genuinely reside in PA, buying a lot and shoving a mailbox on it doesn't establish true residency.

 

I have heard from a FFL that you can even use a Passport instead of a DL or State ID...

 

I can't see going through all this to save on FFL fees or pistol permits. Buy whatever handgun(s) you want in PA and have a NJ FFL transfer them to you.

[MidwestPX 172]

But you need to genuinely reside in PA, buying a lot and shoving a mailbox on it doesn't establish true residency.

 

I have heard from a FFL that you can even use a Passport instead of a DL or State ID...

 

I can't see going through all this to save on FFL fees or pistol permits. Buy whatever handgun(s) you want in PA and have a NJ FFL transfer them to you.

Passport would work to establish identity but you would still need a government issued document with your residence address.  A current driver's license satisfies both the residency and identity requirements when filling out the 4473 as it has your name, photo, and address.  Otherwise, you need a combination of documents to establish identity and address.  I've done quite a few transfers with DLs that had old addresses (establishes identity) and fishing or hunting permits issued by the state with the new/correct address to establish residence.  I'm not saying it's legal if you genuinely live in NJ but have a PA address but if the selling FFL didn't know any better, it's not really on them as the person who's filling out the 4473 is the one who is committing perjury on a federal document.

[tattooo 220]

According to this ruling a while back you can buy a handgun in any state and bring it back... problem is here I have learned first hand you are guilty till proven innocent by procecutors or police etc that do not know the laws.... like many cases, you wind up spending 10s of thousands and grief to clear your name to show you were not breaking any laws.

 

https://www.nraila.org/articles/20150213/federal-court-holds-ban-on-interstate-transfer-of-handguns-unconstitutional

 

Interestingly, the ban that the executive branch vigorously defended in this case would have been repealed by a proposal that President Obama supported in 2013.  The court’s opinion in this case also shows the value of strict scrutiny when applied to gun-control laws, which is why NRA has supported measures in a number of states to require strict scrutiny in any case reviewing a law that burdens the right to keep and bear arms.  While the government has not yet signaled its intent to appeal, it is likely that the decision will be appealed to the Fifth Circuit. In the meantime, the government may seek to have the effect of the decision delayed pending the appeal.

[mipafox 438]

He's full of it, no way can someone with a NJ DL buy a pistol in PA and carry it back (in person) legally. Federal Law.

 

let them move the thread.... spill tbe beans dude

They will move the thread. But it is legal. Under federal law.

[Carcano 14]

They will move the thread. But it is legal. Under federal law.

 

Please, tell us

 

And if it goes wrong for any reason you will know...since I wont be online

[mipafox 438]

 

Please, tell us

 

And if it goes wrong for any reason you will know...since I wont be online

Oh, you don't know the half of it

 

Plus, since you said I was full of it, and you have been such a Ms. Debbie Downer in general, I might have to just PM him instead of posting it where you can see it.

[Carcano 14]

 

Oh, you don't know the half of it

 

Plus, since you said I was full of it, and you have been such a Ms. Debbie Downer in general, I might have to just PM him instead of posting it where you can see it.

 

ROLMAO!

[mipafox 438]

OK, I'll post them. From worst to best?

 

It will cause this thread to be moved.

[Carcano 14]

OK, I'll post them. From worst to best? It will cause this thread to be moved.

 

You know what, I've had a shitty night so start from worst to best

[mipafox 438]

1. Pay for the handgun.

2. Have him list the handgun to you here:

 

http://tinyurl.com/34q5mt4

 

3. Push him off a tall building*

4. Pickup firearm under bequest.

 

 

 

 

 

*OK, he can jump off to make it legal for you if you prefer

[Smokin .50 1,907]

Seems simple enough, lol!  Now who's first, lol?

[mipafox 438]

He's full of it, no way can someone with a NJ DL buy a pistol in PA and carry it back (in person) legally. Federal Law.

 

Well, putting aside interstate transfers for a moment, your drivers license does not dictate which state you can purchase firearms in. So that statement is false. A person with an NJ drivers license can certainly purchase handguns in PA while a resident of PA under federal law.

 

You need to reside in PA, you must maintain a residence in PA...summer homes are pushing it. I forget what the ATF had to say about "permanent residence" but worth researching before someone attempts this just to purchase firearms...

 

A summer home is not pushing anything and ATF has nothing to say about "permanent residence." If you reside in another state for 1 day you can purchase firearms as a resident of that state for that day. Now visiting friends or family or at a hotel on vacation/business trip certainly does not count because you are not actually residing in the state.

[mipafox 438]

You'd need a government-issued document with your name and PA address to establish residence and the photo ID would be used to establish identity.

Well, you need a government issued photo ID to establish who you are. Not necessarily from the state you are buying in. Beyond that you have to establish your residency to the satisfaction of the FFL. But I defer to you as the industry expert, I've never had to do anything like this.

[Carcano 14]

Well, putting aside interstate transfers for a moment, your drivers license does not dictate which state you can purchase firearms in. So that statement is false. A person with an NJ drivers license can certainly purchase handguns in PA while a resident of PA under federal law.

 

 

A summer home is not pushing anything and ATF has nothing to say about "permanent residence." If you reside in another state for 1 day you can purchase firearms as a resident of that state for that day. Now visiting friends or family or at a hotel on vacation/business trip certainly does not count because you are not actually residing in the state.

 

"Permanent residence",  so unless you can provide proof you reside in PA nobody will sell you one.

 

At a minimum (to be legal) you need a lease agreement or some other document to satisfy the FFL you really "reside" in PA. You could get your LTCF and use that as proof and keep your NJ DL to avoid having to get a PA DL sine PA law requires you to obtain a PA DL within 60 days of moving to PA.

 

I thought about doing this before...

 

1. Rent a sh*t hole apartment in Chester on the cheap.

2. Get PA DL and LTCF.

3. Buy whatever firearms you want.

4. Drive up twice a month to collect mail or have someone forward it.