Out of state resident buying a gun in GA

dawg2

AWOL ADMINISTRATOR
Not only are some of these guys in violation of the law, they are posting about it on a public internet forum. That is not very smart at all.

Government agencies DO lurk on these boards. I know this for a fact. ;)

Mark

Yes they do....
 
In August I will be driving to PA to settle my parents estate, I will be bringing home to GA two firearms that my father wanted me to have, what do I have to do to be legal to transport them back to GA, one is a rifle and the other is a pistol.
 

Wiskey_33

Senior Member
In August I will be driving to PA to settle my parents estate, I will be bringing home to GA two firearms that my father wanted me to have, what do I have to do to be legal to transport them back to GA, one is a rifle and the other is a pistol.

That's a good ?. I wonder how things work when they're a "gift" or inheritance coming from another state.
 
In August I will be driving to PA to settle my parents estate, I will be bringing home to GA two firearms that my father wanted me to have, what do I have to do to be legal to transport them back to GA, one is a rifle and the other is a pistol.

You need something equivalent to a bill of sale from the executor or administrator of the estate, even if that person is you. Basically, a document that states the John Doe, executor of the estate of Willie Roe, a resident of Blue Ball, PA, transfers title to 2 firearms (describe firearms), to YOU, an heir, address, an heir (or legatee) of John Doe. Wouldn't hurt to have a copy of the documents issued by PA authorizing the executor or administrator to administer the estate.

This is one of the few exceptions to the FFL to FFL transfer rule.

A "gift" even from father to son for example, needs to be handled as any other transfer under the rules described in preceding posts.

BTW, the executor or administrator needs to keep a copy for non-FFL purposes just so he or she can account for the distribution of the estate.
 
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Wiz

Member
According to the Cambria County (PA) sheriff's office and a FFL holder in PA in December 2007, a parent can legally "gift" a firearm including a handgun to a son/daughter without transferring the firearm and without going through the PA Instant Check System providing that the son/daughter is not a prohibited person regardless of the state of residence of the son/daughter.

This is a question that my dad who has had an FFL has asked Howard Wolfe of the ATF on more than one occasion at annual FFL holder law briefings held by the Sheriff's office in Cambria Co. PA. Mr. Wolfe has told him that the law is very unclear about this and for this reason, the ATF typically doesn't dig into family affairs.

This brings up another good question. I have about 5-10 guns that I've kept at my dad's house from when I used to live there. Is it legal to bring my guns, purchased in PA, which there is no paper trail for, to my house in GA without going through paper work?

As far as purchasing a new or used firearm, legally you should have it sent from a dealer in GA to a dealer in PA. My dad will not do out of state deals unless it is for really close friends or family due to the headache that it creates from transferring the gun into his books then out of his books, PICS, waiting on people to pick up guns etc. To tell you the truth he hates selling guns and usually sticks to gunsmithing.

My advice would be to ask you county sheriff's office regarding these type of gray areas. My experience is that many folks who have FFL's don't even know the laws that well and this is a big reason why some FFL holders have had their licenses suspended.
 

50 Caliber

Member
Most FFL's around here think there ink and time are worth more than GOLD! The FNGS wants $75.00 just for a transfer. Another in the next town wants $50.00....:crazy::banginghe
 

HandgunHTR

Steelringin' Mod
Most FFL's around here think there ink and time are worth more than GOLD! The FNGS wants $75.00 just for a transfer. Another in the next town wants $50.00....:crazy::banginghe

So you are saying that you are willing to commit a felony for $75.00. :crazy:

As has been said in plain language, if you are buying a long gun out of state, an FFL has to be involved, either there or here. If you are buying a handgun, that FFL must be in the same state as you. Period.

Plus, IIRC, PA has some pretty strict gun laws which means that they may not allow someone to buy a gun out of state. It would prevent them (the state) from registering the sale (illegally in my opinion). Check it out for yourself.
 

EMC-GUN

Senior Member
Wow! I really did not know it was illegal to buy out of state person to person. I have never done it, but when I am in other states I always look into the classifieds and look for guns. I have a buddy who does it as well and has bought many guns this way on business trips. Handguns and rifles. In a few different states. So what if a guy "left" a wad of money on a truck seat and the truck owner felt like gifting you a deer rifle that you saw in the paper. But mind you this is a "gift". See what I'm saying??????????? In no way am I advocating law breaking, I am just saying it is easy to get it twisted. And by the way the ATF doesn't take "I didn't know" as an excuse! They will burn you in an instant! Also most local cops do not know federal law when it comes to guns. Go ask a couple and you'll be surprised of how little they know on the federal level. It is best to go to the source. ATF!
 

BookHound

Senior Member
Most FFL's around here think there ink and time are worth more than GOLD! The FNGS wants $75.00 just for a transfer. Another in the next town wants $50.00....:crazy::banginghe

WOW! That is really high. My time is worth money and I charge $25 for Title 1 transfers and $50 for Title 2 (NFA). There are some pawn shops around here that charge $10-$15 for Title 1. Most other Class III guys around here charge $100 for Title 2.

Mark
 

dawg2

AWOL ADMINISTRATOR
WOW! That is really high. My time is worth money and I charge $25 for Title 1 transfers and $50 for Title 2 (NFA). There are some pawn shops around here that charge $10-$15 for Title 1. Most other Class III guys around here charge $100 for Title 2.

Mark

That is high, but I wouldn't break the law over it. I am a title I and I charge $25 per transfer.
 

BookHound

Senior Member
According to the Cambria County (PA) sheriff's office and a FFL holder in PA in December 2007, a parent can legally "gift" a firearm including a handgun to a son/daughter without transferring the firearm and without going through the PA Instant Check System providing that the son/daughter is not a prohibited person regardless of the state of residence of the son/daughter.

This is a question that my dad who has had an FFL has asked Howard Wolfe of the ATF on more than one occasion at annual FFL holder law briefings held by the Sheriff's office in Cambria Co. PA. Mr. Wolfe has told him that the law is very unclear about this and for this reason, the ATF typically doesn't dig into family affairs.

True. Also, in the scenario where a son gives his Dad the money to buy a gun and then the Dad turns around and hands the gun to son, who is to know? Doesn't mean it wasn't a straw purchase though. ;)

This brings up another good question. I have about 5-10 guns that I've kept at my dad's house from when I used to live there. Is it legal to bring my guns, purchased in PA, which there is no paper trail for, to my house in GA without going through paper work?

You already own the firearms, right? So, why would you not be able to transport them down here? It is perfectly legal for you to do and you don't need an FFL to transfer them.

My advice would be to ask you county sheriff's office regarding these type of gray areas. My experience is that many folks who have FFL's don't even know the laws that well and this is a big reason why some FFL holders have had their licenses suspended.

The sheriff in your county is a friend of mine and an absolutely outstanding dude. Sheriff Scott Berry is one of us. He is knowledgeable about firearm law and is very pro 2nd Amendment. He even likes silencers and machine guns and thinks us little people should be able to own them, with the proper background check of course.

I wish Jackson County had someone like Scott for sheriff.

Mark
 

polaris30144

Senior Member
This law is not new. For every what if, the ATF has already encountered it and has a ruling somewhere that defines the law. It is pretty straight forward, It is illegal to purchase any gun out of state without having at least one FFL involved and in the case of handguns it takes two, one of which MUST be in your state of residency. Bottom line is people do it all the time, some get caught and some don't. I cherish my rights to much to commit a felony and lose them.
 

biggsteve

Gone But Not Forgotten
whew. years ago, i bought a chromed dan wesson 357 in a bar from a guy for $100. i had a buddy cop run the numbers. seems a stolen 'wesson' number turned up. [not S&W or Dan]. i dumped that puppy fast! no stolen guns for this boy. thank you.
 

50 Caliber

Member
Well......I hope so. I sure didnt mean to make any one think any less of me for my ignorance. It is, after all, hard to teach an old dog new tricks.:rolleyes:
I do honestly apprecieate all the input from all here.
 
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