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My dad has a Winchester .22LR that he no longer wants and I would like to have it. He lives in NJ and I live in PA, any idea how much of a hassle will it be to transfer the rifle to me?
 
Posts: 27 | Registered: December 01, 2007Edit or Delete MessageReport This Post
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Not much of a hassle, but it does need to go through a dealer in PA. Find a dealer in your area that does transfers. Your dad can bring it to PA and you can go from there.


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Posts: 4960 | Location: Mount Holly, NJ | Registered: September 21, 2003Edit or Delete MessageReport This Post
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Thanks for the fast response.
 
Posts: 27 | Registered: December 01, 2007Edit or Delete MessageReport This Post
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I don't know all the intricate details of NJ laws but I'm pretty sure since it's a rifle he can just give it to you. If this was a handgun it would definitely have to go through an FFL in PA but since you can buy long guns out of state without having to go through the FFL transfer in your own state I don't see why the rules would be different for private sales.

I'm going to go look at the ATF website to see if I can find the correct answer.

Here's the info from their FAQ:
(B1) To whom may an unlicensed person transfer firearms under the GCA? [Back]

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or 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)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

(B2) From whom may an unlicensed person acquire a firearm under the GCA? [Back]

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Looks like if he had an FFL he could just sell/give it to you.


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Posts: 1266 | Location: Long Island, New York | Registered: March 03, 2007Edit or Delete MessageReport This Post
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I believe that from a GCA-'68 standpoint a transfer of a long gun between two unlicensed persons may take place on a face-to-face basis in any state, provided that neither person is a prohibited person. I have purchased or been gifted three rifles on this basis over the years. (Handguns are another story!) New Jersey might have some wacky rules applicable to long guns, but Pennsylvania does not, IIRC. You could simply take possession of the gift in PA. It would still be a good idea to create a bill of sale to document the transfer, even if it involves family members.
 
Posts: 1960 | Location: Clark County, WA | Registered: December 06, 2000Edit or Delete MessageReport This Post
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quote:
Originally posted by miked:
I believe that from a GCA-'68 standpoint a transfer of a long gun between two unlicensed persons may take place on a face-to-face basis in any state, provided that neither person is a prohibited person. I have purchased or been gifted three rifles on this basis over the years. (Handguns are another story!) New Jersey might have some wacky rules applicable to long guns, but Pennsylvania does not, IIRC. You could simply take possession of the gift in PA. It would still be a good idea to create a bill of sale to document the transfer, even if it involves family members.


There are no face to face transfers of any kind between two people who are residents of different states.

Please read the items psychephylax posted from the ATF.


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Human beings were not meant to sit in little cubicles staring at computer screens all day, filling out useless forms and listening to eight different bosses drone on about about mission statements.

Professional assassination. It's the highest form of public service. - Chiun - Remo Williams: The Adventure Begins
 
Posts: 4960 | Location: Mount Holly, NJ | Registered: September 21, 2003Edit or Delete MessageReport This Post
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quote:
Originally posted by JeremyFerg:

There are no face to face transfers of any kind between two people who are residents of different states.


I think that statement is incorrect on the basis that a person can be an FFL. So he CAN buy a firearm from an FFL in a different state which means he can buy from a person in a different state.

But yes I don't believe there are any private transactions between two individuals who reside in different states.


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Yes, as a matter of fact I do own a gun.
Free Classic P-Series Sig Armorer services on Long Island and around the NYC area.
 
Posts: 1266 | Location: Long Island, New York | Registered: March 03, 2007Edit or Delete MessageReport This Post
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By face to face I meant that neither person is an FFL. Thank you for clarifying.


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Human beings were not meant to sit in little cubicles staring at computer screens all day, filling out useless forms and listening to eight different bosses drone on about about mission statements.

Professional assassination. It's the highest form of public service. - Chiun - Remo Williams: The Adventure Begins
 
Posts: 4960 | Location: Mount Holly, NJ | Registered: September 21, 2003Edit or Delete MessageReport This Post
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Does the fact that this is a GIFT and not a sale have any bearing?


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Posts: 469 | Location: Minnesota | Registered: February 23, 2002Edit or Delete MessageReport This Post
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I am a handgun owner in PA & my dad is licensed in NJ and it will be a gift to me. It looks like I'll have to go thru a FFL to make everything legal or I could just borrow the rifle on a long term basis and deal with the paper work later on is the other option. Thanks everyone for your input.
 
Posts: 27 | Registered: December 01, 2007Edit or Delete MessageReport This Post
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quote:
Originally posted by moby935s:
I am a handgun owner in PA & my dad is licensed in NJ and it will be a gift to me. It looks like I'll have to go thru a FFL to make everything legal or I could just borrow the rifle on a long term basis and deal with the paper work later on is the other option. Thanks everyone for your input.


Check to be sure, but you may be able to perform a face-face transfer through state police of the state the person receiving resides in. Just call them and ask.




You can have anything you want - if you want it badly enough. You can be anything you want to be, have anything you desire, accomplish anything you set out to accomplish - if you will hold to that desire with singleness of purpose.
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Posts: 1336 | Location: Cecil County MD | Registered: January 19, 2008Edit or Delete MessageReport This Post
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