Pennsylvania Hangun Registration

[Glock17]

I was talking to a friend about going shooting when he visits me (he lives in Bucks County). Here is what his email said:

My 357 is illeagal!, so I should get rid of it, I bought it off of a friend years ago and cant get it registered. id like to get a legal 357 mag revolver to keep at bedside, but not interested in spending a lot of money. if you come acrass one let me know, I like my smith and wessons, ive owned about 5 and loved them all

I told him that there are no handgun registrations in PA, so it should be legal. Plus if it was a gun that was purchased or transferred before current laws regarding transfer (or even if it were transferred through an FFL) than it is still "legal".

Any thoughts?

[D-FENS]

This thread covers that a little, look towards the 2nd and 3rd pages.

http://www.pafoa.org/forum/question-...andgun-pa.html

[danp]

You are correct in that there is no "registration" in Pennsylvania.

However PA law requires that all handguns be transferred through an FFL. One can't just give/sell a handgun to a friend legally.

As to what your friend is supposed to do all I can do is point you at a previous thread that touched on the same subject where some of our board lawyers discussed the issue.

In the end none of us here can give legal advice except in the most general sense.

[Glock17]

But that begs the question, if there is no registration database, and he has had posession of the gun for about 10 years, how does the requirement to have it legally tranferred have any teeth?

A good example was after my grandfather died in 1989 we found an old H&R .22 LR revolver. It was given to my grandfather from my father in 1956. I then took it. (let's ignore the fact that it was an in family transfer) wouldn't the fact that the gun was so old exempt it from the mythical registration?

[crffl]

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To muddy the waters even further...

What if you acquired something before moving to PA from a state that doesn't require registration and allows private transfers of handguns ? You don't have to register it once you move here.

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[billamj]

Originally Posted by crffl

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To muddy the waters even further...

What if you acquired something before moving to PA from a state that doesn't require registration and allows private transfers of handguns ? You don't have to register it once you move here.

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Handgun transfers are regulated at the federal level, not the state. If a state allows private transfers of handguns, they are doing so illegally. Additionally, there is no registration, per se, in Pennsylvania. There is a de facto registration because of the state police form that is required but it is not a formal registration.

[Emptymag]

Newbies be gone! And take your difficult questions with you!
Man... You're gonna hurt someone with questions like that!

Just kidding! Great questions, there are many here who seem to enjoy the challenge. Makes my head hurt, so I'll sit back and wait for someone wiser than I to respond!

[crffl]

Originally Posted by billamj

Handgun transfers are regulated at the federal level, not the state. If a state allows private transfers of handguns, they are doing so illegally. Additionally, there is no registration, per se, in Pennsylvania. There is a de facto registration because of the state police form that is required but it is not a formal registration.

Are you sure about that ? Federal laws regulate transfers between individuals in DIFFERENT states, they do not regulate sales WITHIN a state.

If I'm wrong please point me to the Federal law that regulates sales between parties of the same state.

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[LittleRedToyota]

disclaimer: i am not a lawyer.

seems to my nonlaywer self who did not take the time to go look up the exact wording of the law at the momen that it is the act of acquiring a handgun without going through the proper channels that is illegal...not owning a handgun which you cannot prove was acquired through proper channels.

if you didn't get it illegally, and there is not some other reason the state could make a good case that you did get it illegally, it's prolly nothing to worry about.

you could always say you were out on the river fishing when you caught a giant carp with a knife stuck in its head and when you gutted it, you found a bunch of ARs and glocks...er, wait, that was a different thread. (but, if that does happen, could you let me know...those are my ARs and glocks.)

disclaimer again...i am not a lawyer.

[billamj]

Originally Posted by crffl

Are you sure about that ? Federal laws regulate transfers between individuals in DIFFERENT states, they do not regulate sales WITHIN a state.

If I'm wrong please point me to the Federal law that regulates sales between parties of the same state.

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Buying a handgun requires a background check. You must have an FFL to run said background check hence you must go to an FFL to legally transfer a handgun even within the same state.

ETA: Additionally, you could go to a Sheriff to do the transfer as well but the bottom line is that it is the Fed that requires the background check.