Question regarding sale

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sandmansans

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Hi all,
I posted this question in the chat room but just in case that nobody uses it, I figured I'd post here as well.

My question is:
I'm selling a handgun to one of two possible friends that I know very close. It's whoever comes up with the money first.

Can I do a private handgun sale without the ffl?
Friend A: local pennsylvania resident.
Friend B: law enforcement officer in another state.
I've read conflicting and confusing things. If anything, could someone offer advice as to the best government office I should call? State ATF office, Pennsylvania state police, local representatives office, sherrif's office, or an attorney?

I was thinking the sherrif's office, but again I wanted to hear what you have to say.

Thank you

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Mal H

Staff
Chat room? Which chat room?

Anyway, this is more of a legal question than an actual handgun question, so I'll move it to that forum ...
 
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sandmansans

New member
Oh in the Tapatalk application it shows a chat room for the forum.

I'm sorry about the incorrect posting location. I appreciate you moving it for me

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cslinger

New member
I cannot speak to PA law, although I believe (you need to double check) face to face between state residents assuming neither is a prohibited person and you confirm residency etc. is legal. Double check this though.

For federal law ANY interstate transfer of a handgun needs to be shipped to and transferred through a federal firearms license holder. Basically you tell the other guy to find a gun shop who will receive the firearm for him. They send you a copy of their license. You mail to THEM not the person you are selling to. Once they receive the gun, they log it and call the person buying to come in. Person buying follows state rules as far as transfer fills out appropriate forms has a ha ground check done pays a fee to the gun shop and gets the gun.

Again DO NOT JUST MAIL A GUN OR ANY SEIALIZED RECEIVER / FRAME THAT IS CONSIDERED A GUN DIRECTLY TO A PERSON ACROSS STATE LINES. So basically you can mail barrels, mags, slides etc etc. but the frame of a handgun 99% of the time IS THE LEGAL FIREARM ENTITY. There are some weird exceptions like the SIG 320 / 250 where the trigger group fire control unit is considered the firearm but generally the frame is the gun.
 
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Armorer-at-Law

New member
Under PA law, every handgun transfer must be done through an FFL. Under federal law, any firearm transfer across state lines must be delivered to the recipient by an FFL.
 
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sandmansans

New member
Thanks for the reply cslinger.
One of the potential buyers is a pa resident. The other is not but he's law enforcement.
Either of one them would be done face to face if allowed by law.

Any idea on gov office that could help clarify?

Thank you

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rwilson452

New member
As the person receiving the hand gun is an LEO means nothing. It is still an interstate transfer and must go via an FFL. In PA all handgun transfers must use an FFL or the sheriff. I don't know of any sheriff in PA that will do this. Namely, the state has a state form for handgun transfers that is called a sales data base.

ADD: fed law:In interstate transfers all transfers must go via an FFL in the state of the person receiving the handgun.
 
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sandmansans

New member
Armorer-at-Law said:
Under PA law, every handgun transfer must be done through an FFL. Under federal law, any firearm transfer across state lines must be delivered to the recipient by an FFL.
Click to expand...
Thanks for the reply.

Is there a specific link referencing this law that you could share with me?
I went to the nra site but I would feel more comfortable with reading something from an actual government site .

Thank you.

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dogtown tom

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sandmansans ...One of the potential buyers is a pa resident. The other is not...
Click to expand...
Nonlicensees who are not residents of the same state cannot transfer firearms to each other.



but he's law enforcement.
Click to expand...
Irrelevant.
LE has no magic exemption from Federal firearms laws.
(but a lot seem to think so....especially in California)
 
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sandmansans

New member
raimius said:
Aside from PA law, federal law prohibits private sales to residents of other states (must go through an ffl in the buyer's state). Here are some good references https://www.atf.gov/qa-category/unlicensed-persons
Click to expand...

dogtown tom said:
Nonlicensees who are not residents of the same state cannot transfer firearms to each other.




Irrelevant.
LE has no magic exemption from Federal firearms laws.
(but a lot seem to think so....especially in California)
Click to expand...
Thank you both and everyone for your prompt and helpful replies. I really do appreciate it. I'm going to do it through an ffl.

If the admin can please close this thread due to all of the helpful answers.

Thank you all so much!

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