Quote:
Originally Posted by bogey1
if there is no registration in pa, why do the state police have information on the transfer? im trying to clear something up with a friend, i told him there is no legal registration in pa but he disagrees. i know this subject has been beaten to death but if someone could direct me to a post about it i would be grateful. bogey
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The PSP maintains a database of PSP form SP4-113 transactions.
This database is allegedly used to *assist* in gun traces persuant to criminal investigations.
AGSL sued the PSP over the "database" and the SCOPA determined that the database was not a registry (which is prohibited under
18Pa.C.S.6111.4) because it did not contain a list of all handguns owned in Pa.
Short of it is that a registry is prohibited by law and your buddy is wrong
Links as requested that goes into more detail:
http://forum.pafoa.org/open-carry-14...tml#post509716 (Pa. Patriot ARRESTED at the OC dinner @ The Old Country Buffet in Dickson City 5/9)
Quote:
Originally Posted by Pa. Patriot
We feel it is. However, when ACSL sued Ridge and the PSP over this the court decided that since the database was only certain type of sales/transfers, that it was not a "registry". IOW, since it is not complete it is not an "ownership registry".
This is ridiculous and flies in the face of what 18Pa.C.S.6111.4 intends, but it is the supreme courts ruling.
Luckily, this clarification still benefits us in that LEO agencies can NOT now claim that the database means something in regards to ownership.
Since not all handgun transfers are in it it is meaningless as a check of ownership.
Read all about the lawsuit, and the road to the supreme court, here:
http://www.acslpa.org/n-register/n-registration.html |
http://forum.pafoa.org/open-carry-14...tml#post509797 (Pa. Patriot ARRESTED at the OC dinner @ The Old Country Buffet in Dickson City 5/9)
Quote:
Originally Posted by Pa. Patriot
1) Pursuant to 18Pa.C.S.§6111, generally, all sales from an FFL as well as transfers of ownership of other persons (sales/gifts/trades/etc) of firearms (as defined in 6102) must be done by an FFL or Sheriff and a form SP4-113 executed.
The county sheriff gets a copy of the SP4-113 and they send the info periodically to the PSP for their "database".
2) There ARE exceptions to #1 above. spouse to spouse, child-parent-grandparent as well as FFL's are exempt from the requirement to execute a SP4-113 or have the transfer conducted at an FFL/Sheriff.
Additionally, you can bring handguns from out of state when you move to Pa. You could also have handguns that were yours BEFORE 6111 took effect... among other reasons our handgun would not show up on the database.
3) Rifles are not subject to the provisions of 6111 and are not put on the Pa. form SP4-113 (Application/Record of Sale) Only firearms defined in 18Pa.C.S.§6102, which is handguns, SBS ad SBRs.
4) A true "registry" is prohibited by 18Pa.C.S.§6111.4. |