Legal question regarding transfer of rifle at Pennsylvania gun show

[orpington]

If one purchases a rifle at an auction in Ohio and the auction house has a table at a Pennsylvania gun show, given that, in Pennsylvania, long arms without shortened barrels can be purchased at a gun show without the Form 4473, can the rifle be picked up from the auction house at their table without filing the 4473 paperwork? The auction house claims it’s not the picking up of the rifle at the Pennsylvania gun show, but rather the State of Ohio and the rifle leaving that state.

Please confirm, modify, or refute. I maintain the 4473 paperwork is not necessary, but I very may well be wrong.

FWIW, the rifle is well over 100 years old but not pre 1899. Which is why “antique” needs to be redefined, but that’s another discussion. (My understanding is that the Mauser 1898 was considered to be “modern” in 1968 and a clerical error made the cutoff 1898 and before in mstead of prior to 1898).

 

[MEHavey]

If the Auction House is operating under/as an FFL, federal law requires a background check.
It has nothing to do with interstate movement one way or the other.
https://giffords.org/lawcenter/state-laws/background-check-procedures-in-pennsylvania/

 

[bearcreek]

given that, in Pennsylvania, long arms without shortened barrels can be purchased at a gun show without the Form 4473

That is incorrect (or at least significantly incomplete). Firearms transfers at gun shows are no different than anywhere else. If the seller has an FFL, a 4473 must be filled out by the buyer. If the seller is a private individual who resides in the same state as the buyer, no 4473 is required. That remains the same regardless of the location of the transaction.

 

[Frank Ettin]

The practical reality is that the auction house will decide what it needs to do to be in compliance with applicable laws. If the OP wants to try to convince it otherwise, he’s going to need to do some pretty fancy convincing — like hiring a lawyer.

And the auction house has a good point. The gun was in Ohio, and the purchasing transaction took place in Ohio. If the gun is now to be delivered into the possession of the purchaser in another State, it’s an interstate transfer requiring an FFL/4473 under federal law.