I wanna pick your brain

[JonnyBeGood86]

Ok, I have a co-worker who just moved back to Pa and I want to get him on track with the Pa gun laws. I gave him a pamphlet already but there were Q's the I couldn't answer with 100% assurance that what I thought was right. So lets call him Fred. When Fred was younger he got what I think it was a simple assault or some kind of assault, I'm not sure, he got 3 weeks in jail and paid a $4k fine. He moved to Florida about 7 years ago and while he was down there he went to a Sheriffs auction/flea market where he bought a handgun. He said he didn't have to fill out any paper work or go through a background check of any kind. I don't know how this is possible but it's what he said. He then went to get a carry permit and was denied because of his incident back in Pa. Well now he's back in Pa and like I said I'm trying to make sure that he's gonna be legal and not get in trouble. I told him to apply for his LTCF because he told me he keeps his handgun in his car loaded. I already told him if he has his gun in his car to unload it and keep the ammo and firearm separate. I also told him he could OC without a license, but I'm just worried about his handgun. As far as his LCTF, I'm pretty sure he should be able to get it since he served way less than 2 years unless there is something I'm missing. All I remember was that he said it was an assault charge and what time he served. Second and most important, what about the firearm he bought? Is Florida immune to the FFL laws? I highly doubt he's lying to me, he has no reason to, I just don't know how it's possible to buy a handgun without a transfer. Ok, even if he did fill out the paper work/background check, is there anything he would have to do to bring a handgun into Pa? I know there's no real registration, but I'm making doubly sure. He did say that he knows the guy at the Mount Penn/Exeter gun store and I recommended that he go there to ask him all of these questions about the LCTF and handgun. I await your endless knowledge.

[fingers80002]

Some others can help with the charges stuff.

He cannot have, even unloaded, the handgun in his car, without a LTCF.
Unless he is going to or from, a range, store( to sell or buy), or smith.......
As long as he is not prohibited.

If he is a prohibited person, he CANNOT OC........

[JonnyBeGood86]

Right, NOT prohibited is the key, thats what I want him to find out. I just read that in Florida person to person handgun sales are legal, no FFL required. So how does one go about finding out if they are prohibited besides a LEO encounter of the bad kind? Can you have an FFL do a background check without buying anything? Should he just apply for his LTCF?

[fingers80002]

Originally Posted by JonnyBeGood86

Right, NOT prohibited is the key, thats what I want him to find out. I just read that in Florida person to person handgun sales are legal, no FFL required. So how does one go about finding out if they are prohibited besides a LEO encounter of the bad kind? Can you have an FFL do a background check without buying anything? Should he just apply for his LTCF?

An FFL will not run a PICS, without a sale. It's Illegal.
LTCF standards are stricter than a purchase.

[JonnyBeGood86]

Originally Posted by fingers80002

An FFL will not run a PICS, without a sale. It's Illegal.
LTCF standards are stricter than a purchase.

So what are his options? Can he have a LEO do a check?

[Armed_in_Lancity]

Best is to go to a shop and try to buy a gun. Cheapest and most quickly effective way I would know. You WILL have an answer in 10 minutes.

[ErSwnn]

Originally Posted by JonnyBeGood86

So what are his options? Can he have a LEO do a check?

Go to the PA State Police (PSP) website. It will explain how to obtain a background check on himself. Once obtained he'll know exactly what he was convicted of. Gonna have to do some research on what the maximum penalty was at the time of his conviction. The reason he needs to know the max penalty is, if the sentence he recieved COULD have been 2 years or more in jail, he is prohibited. It doesn't matter what he got, what matters is the most he could have gotten. For example...if someone steals a car and gets 6 months, they could have been given 7 years. That makes them prohibited. The maximum was more than 2 years. There are other prohibiting circumstances as well, such as drug possession. Simple assualt may be prohibiting as well. Use the search feature here, look up prohibiting offenses.

There is no issue bring the gun to PA if he is locating here as a resident. Just bring it like any other possession. But something seems amiss here. And I may be wrong, but I can't see any law enforcement agency selling handguns without paperwork. Another issue I see is that if he has been told that carrying in his car without a LTCF is illegal and he continues to do so he's not being very responsible and trouble is coming. Watch yourself or you may end up in the mess without even trying. "But this friend of mine said it was ok."

[JonnyBeGood86]

No, in fact in Pennsylvania it is actually illegal for any government or police agency to keep a registry of firearms per 18 Pa.C.S. § 6111.4 (Registration of firearms). If you legally possess, bring your firearms into the Pennsylvania, or come into possession of the firearms legally, no further action is required.

It should be noted however that all transfers of handguns in Pennsylvania are required to go through the Pennsylvania Instant Check System (PICS) and as such the Pennsylvania State Police keep a "Sales Database" of all handguns purchased within the Commonwealth. While almost any casual observer can see that this database clearly violates the spirit of 18 Pa.C.S. § 6111.4 (Registration of firearms), in the Pennsylvania Supreme Court agreed with the Pennsylvania State Police that because the database is not a complete record of all handgun ownership (as people bringing handguns into the state do not have to register them), it does not.

I highlighted in bold.

So if he legally bought it in Florida since there is no background check down there, does that mean he can legally own that gun in Pa? Even if he would be denied from purchasing another one here(not saying he is)? Or how does that work?
Oh, and to clarify it was a Sheriffs sale, as in someone didn't pay taxes(or something like that) so the County Sheriff hires an Auction company to come in and sell all of the stuff. Since its not an FFL theres no paperwork. I only just told him about carrying the gun in the car, next time I see him I'll check and see if he listened or not. I'm also going to get the story straight too. I'll try to find out the specifics of the charges and I'll tell him to either get a background check from PSP or try to purchase a gun(which I doubt with money being tight).

[max384]

Wow. The whole deal sounds shady. There is just too many unanswered questions and questionable actions. He bought a gun in FL, but no background check? Shady. Has some type of assault charge. Spent time in jail for it. Shady. Carries concealed anyhow. Shady.

Uninvolve yourelf as much as possible. This whole thing sounds like bad news to me. Why is he not looking into this himself? Seriously, if he moves to a new state with a rap sheet, carrying concealed, after an assault charge, then doesn't look into it himself??? WTF? He's gonna drag you down with him.

Originally Posted by ErSwnn

Go to the PA State Police (PSP) website. It will explain how to obtain a background check on himself. Once obtained he'll know exactly what he was convicted of. Gonna have to do some research on what the maximum penalty was at the time of his conviction. The reason he needs to know the max penalty is, if the sentence he recieved COULD have been 2 years or more in jail, he is prohibited. It doesn't matter what he got, what matters is the most he could have gotten. For example...if someone steals a car and gets 6 months, they could have been given 7 years. That makes them prohibited. The maximum was more than 2 years. There are other prohibiting circumstances as well, such as drug possession. Simple assualt may be prohibiting as well. Use the search feature here, look up prohibiting offenses.

There is no issue bring the gun to PA if he is locating here as a resident. Just bring it like any other possession. But something seems amiss here. And I may be wrong, but I can't see any law enforcement agency selling handguns without paperwork. Another issue I see is that if he has been told that carrying in his car without a LTCF is illegal and he continues to do so he's not being very responsible and trouble is coming. Watch yourself or you may end up in the mess without even trying. "But this friend of mine said it was ok."

Amiss? Damn right. If it looks like a duck and sounds like a duck...

[son of the revolution]

Lived in Florida from 2003 to 2006 . Bought a ton of guns, ( moving to Florida from the PSRNJ seemed to release all my repressed desires for all things that go bang !) The wife and I also got our various instructor certs down there,we both used to co teach Florida's CCW class , amongst others.

I can unequivocally state that Face to Face transfers of firearms ( long guns and pistols) are quite common and 110% LEGAL. The only requirement Im aware of for having to go thru a backround check in Florida is when purchasing from a licensed dealer and for the CCW Permit. Most likely your friends purchase at a " Sherrif"s Sale Auction " was totally legit and treated as if it was just another routine Face to Face private transaction , similar to if he bought a gun from a private seller ( non dealer ) at a gun show in Florida.

Keep in mind we havent lived there in three years , so my information is slightly dated.