Transfer fee question

PA law requires all handgun transfers to be done via FFL anyway, regardless of if it is an in-state transfer or a transfer from out of state.

Yes, as stated above, if the out of state transfer is done privately, without an FFL in the recipient's state, the seller or giver commits a felony against 18 USC 922 (a)(3) and the buyer or receiver commits a felony against 18 USC 922 (a)(5). If the recipient is a PA resident, PA state law is also broken as well. Family members are not exempted, unless they die.
 
Not entirely true.

There are several ways for a firearm to legally "show up" in another state without going through an FFL:
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You are absolutely correct and thank you for catching that! Hell, I oughta know... I moved a few of them with me myself!
 
The tranfer fee is well worth it. Even if you are dealing with a family member. It is worth spending a few dollars and filling out a yellow piece of paper to stay within the bounds of the law.
I have just to cover my self on the 2 rifles I have sold in my day went through an FFL just to cover myself, and I knew both parties well. Somethings are just not worth risking.
 
By federal law - all interstate transfers of handguns, except by bequest or intestate succession, require the transfer to be completed at a FFL in the transferee's home state. To suggest otherwise is completely wrong and could possibly lead to liability issues.

PA law mirrors federal law in the above respects. There is no registration in PA, but a record of transfer is required for "firearms"(handguns, SBS's and SBR's) with exception between resident spouses, parent/child, grandparent/grandchild.

By federal law, interstate transfers of long guns can take place in any state at a FFL.

Only a handful of states have gun registration, and only a few others record transfers.
 
I also am not very knowledgeable about laws and such but......... If I am on a federal interstate this to me is a direct violation(or a nose thumbing) of 2A.
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There's a provision of federal law making it legal to transport a firearm across state lines without requiring state or local licenses and/or registration, provided that the gun stays in a locked container and the owner is traveling to another state. The NRA excerpt in Vanya's post mentions it, but doesn't really explain it in great detail. Here's the law:
18 USC 926a:

Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
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If the OP's relative is stopped by NY police, he should make it clear to the officer that he is traveling to PA and will not be stopping in NY for any reasons other than buying gas, going to the restroom, and suchlike.

FWIW interstate highways are generally not legally considered to be federal property. The right-of-way is usually owned and maintained by the state in which they're located, and motorists using the highways are subject to state and local laws enforced by state and local police. The "federal" designation relates to how they're funded, not who owns them.
 
carguychris said:
FWIW interstate highways are generally not legally considered to be federal property. The right-of-way is usually owned and maintained by the state in which they're located, and motorists using the highways are subject to state and local laws enforced by state and local police. The "federal" designation relates to how they're funded, not who owns them.
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Thanks for elaborating on this.

As to the federal law, the information on the NRA's site indicates that New York State doesn't necessarily recognize that the federal statute you quoted takes precedence over state laws.

NEW YORK--The transportation of handguns is prohibited except by a resident with a license to carry.

A member or coach of an accredited college or university target pistol team may transport a handgun into or through New York to participate in a collegiate, Olympic or target pistol shooting competition provided that the handgun is unloaded and carried in a separate locked container.

Nonresident target shooters may enter or pass through New York State with handguns for purposes of any NRA-approved competition if the competitor has in his possession a copy of the match program, proof of entry and a pistol license or firearms registration card from his state of residence. The handgun must be unloaded and transported in a fully opaque container.

New York State has strict laws governing illegal possession of handguns which can result in a possible seven-year jail sentence for offenders.

Caution--New York law presumes that an individual stopped in possession of five or more handguns, without a state permit, possesses the handguns for illegal sale, thus subjecting this person to an increased sentence.

Caution--New York is the only state that prohibits the transportation of handguns without a license. Travelers should therefore be particularly careful since they face severe consequences should they inadvertently violate the state`s highly restrictive statutes.​
http://www.nraila.org/GunLaws/Federal/Read.aspx?id=59

From the same page: "A provision of federal law serves as a defense to state or local laws which would prohibit the passage of persons with firearms in interstate travel." (my emphasis)

There's a case now in the court system against the NY/NJ Port Authority over this; I don't know how it's currently playing out on the Interstates there, but if it were me, I'd ship the gun rather than find out the hard way; "...serves as a defense..." doesn't exactly inspire confidence that they won't bust you regardless. :mad:
 
Even though they dont recognize the federal statute, they are bound to honor it via the Supremacy Clause of the US Constitution. Even if found guilty via a state court while you did comply by the rules of FOPA, a federal appeal will toss the charge and conviction leaving the state liable civilly.
 
knight0334 said:
Even though they dont recognize the federal statute, they are bound to honor it via the Supremacy Clause of the US Constitution. Even if found guilty via a state court while you did comply by the rules of FOPA, a federal appeal will toss the charge and conviction leaving the state liable civilly.
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Yes, and that will be just nifty... after you're out thousands of dollars in legal fees and a large chunk of your life over something that could have been avoided by not violating NY law, and shipping the gun for, what, $30 or $40...

Not saying it's right, it's just what is... and something the OP ought to be aware of if he isn't already.
 
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