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Old November 15, 2011, 08:33 AM   #1
spacecoast
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Join Date: October 14, 2009
Location: Sunshine and Keystone States
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Question about buying out of state

I'm a Florida resident but also own a home in Pennsylvania (not sure if that makes me a resident there or not, my DL says Florida). The next time I am up north, I would like to buy a .22 rifle and maybe a handgun or two to keep there so I have something to shoot in case we fly up instead of driving. I've done the handguns-in-a-locked-container dance for the airlines and it went OK, but it's expensive and a bit of a hassle.

Am I allowed to buy either a long gun or a handgun in PA, and keep the gun there? Do I have to buy from a shop (FFL dealer) or can it be a purchase from a private owner?
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Old November 15, 2011, 09:52 AM   #2
divil
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Join Date: November 11, 2009
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Under federal law, you can definitely buy the rifle, no problem - but I think it has to be from a dealer. Federal law says that generally you can only buy long guns if it's out of state, and even then only from an FFL.

2 caveats I don't know about are:

1. Is it ok under PA law? (I think it is)
2. Does it make a difference that you own a house there? (I doubt it)
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Old November 15, 2011, 10:19 AM   #3
carguychris
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Join Date: October 20, 2007
Location: Richardson, TX
Posts: 7,523
From the ATF FAQ:
Quote:
Q: May a person (who is not an alien) who resides in one State and owns property in another State purchase a handgun in either State?

If a person maintains a home in 2 States and resides in both States for certain periods of the year, he or she may, during the period of time the person actually resides in a particular State, purchase a handgun in that State. However, simply owning property in another State does not qualify the person to purchase a handgun in that State.

[27 CFR 478.11]
(emphasis mine)

IOW federal law says you are allowed the purchase a handgun in PA as long as you do it when you are residing at your home in PA.

By extension, you should also be able to buy either a rifle or a handgun in a FTF transaction if this is allowed by state law. However, I am not familiar with PA law, so I cannot comment on that aspect.

FWIW federal law generally allows US citizens to buy non-NFA long guns anywhere in the USA from a FFL provided that the transaction (a) occurs face-to-face and (b) is not prohibited by the laws of either the buyer or seller's states. That said, some FFLs will not sell long guns directly to residents of states with laws they're not familiar with, to avoid running afoul of some unknown statute.
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