Notes on Federal and Pennsylvania Firearms laws, buying/selling...

[JayBell]

Copied from the Ad Forum Sticky, as a lot of people may not see this there:

Some guidelines to stay within the law on sales and transfers of firearms.

This FAQ is intended and written for PA residents only.

If you reside in another state, please consult a legal representative in your own state to explain your states laws to you.

Federal law:
Most questions on Federal Firearms Law can be answered by the ATFs FAQ on the subject, the FAQ covers sales, dealing, and many other subjects:

http://www.atf.gov/firearms/faq/faqindex.htm

to put it simple, heres some guidelines to follow to keep your butt out of lockup. these are NOT all the laws, if you are unfamiliar with Firearms laws, it's suggested that you do some research before proceeding.

Pertinent Federal Law:

1. Interstate sales of ANY firearm (handgun or longarm) MUST involve a FFL on the buyers end. It is a felony under Federal law to sell to residents of another state FTF or by mail/shipping without involving a FFL on the buyers end.

2. Longarms can generally be purchased from a FFL in any state, or from a resident of your own state.

3. Handguns can only be purchased from/through a FFL in your state of residence.

4. Federal law allows persons 18 years and older to purchase longarms from an FFL.

5. Federal Law allows persons 21 years and older to purchase Handguns from an FFL.


Pertinent Pennsylvania Law:

1. Face To Face transfers/sales of longarms (shotgun or rifle) are legal in Pennsylvania. There is no requirement to use a FFL for a transfer of a longarm in PA, as long as neither person is a "prohibited person" (legally unable to purchase a firearm ) and both are legal aged(18 or older) residents of Pennsylvania. It's SUGGESTED that you provide a Bill of Sale and check ID on purchasers.

2. Concealable weapons (Handguns, rifles/MGs with a barrel less than 16", shotguns with a barrel less than 18", and AOWs) MUST be transferred through a FFL (Or Sheriffs Dept), and the PICS must be performed on the buyer before sale is completed. Age for transfer of the above weapons at an FFL is 21.

3. Handguns may be legally transferred without FFL or Sheriffs Dept approval between Married Spouses, Parents and children, and Grandparent to grandchild, provided that the recipient is at least 18 years of age, and not a prohibited person.

4. You cannot sell ANY firearm of any type to a Prohibited Person, this INCLUDES BLACK POWDER FIREARMS.


STRAWMAN SALES WARNING:

Since its obvious that the BATFE finds it easier to go after ordinary gunowners who make mistakes, than to go after violent felons, be very careful to follow the law.

Be SURE the person you are selling your firearm to is the actual buyer.
A strawman sale is when you sell your firearm to a person who is purchasing it FOR another person, who may or may not be prohibited.

Again, its suggested that you get/provide a copy of a bill of sale, and check the buyers ID when selling FTF.

Ignore any offers to avoid or evade the above law requirements, and reporting users to staff that attempt this is requested, illegal activity on these forums is PROHIBITED.



Use common sense, and keep it safe!
Jay Bell
PAFOA Site Staff