Pennsylvania Firearm Owners Association
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  1. #1
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    Default State / Federal Requirement to keep Hand Gun Records

    I was just in a discussion with my boss regarding handgun registry. He was not aware of any requirement to register a hand gun in any state at the time of sale. I am under the impression that each state is required to keep a registry of legally sold hand guns. If one is to be sold privately the two parties need to make the transaction at a licensed firearms distributer. I don't know if this is a Federal mandate or it is a requirement by each individual state. I know sales of long rifles and shotguns do not need registry if the sale is private.

    Am I wrong? Is this only in PA? Can anyone help me out?

    Thanks

    Ryan
    Last edited by Millhouse76; March 2nd, 2011 at 03:09 PM.

  2. #2
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    Levittown, Pennsylvania
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    Default Re: State / Federal Requirement to keep Hand Gun Records

    IANAL
    (I am not a lawyer)

    But, as far as I know keeping a database is illegal so what they do is keep a transfer record.
    Maybe someone who knows more on the subject can give you better advice and help, just my 22lr cartridge.
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  3. #3
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    Brookville, Pennsylvania
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    Default Re: State / Federal Requirement to keep Hand Gun Records

    A federal registration is illegal under federal law. Even state registrations may fall under that law too the way it is worded - the Supremacy Clause would be the factor. There is absolutely no federal requirement that states keep a registry/record.

    PA is one of 5 or so states that require recorded transfers. Then there are 4 or 5 states that have full-blown registration of handguns. Of the 10 states that require records transfers or registration - the gun must be taken to a FFL, or in some states the police to enter it into records.

    PA's record of transfer is supposed to be purged upon a final determination of not being prohibited. However these records aren't being purged. It is a separate issue from the PICS calls that are supposed to be purged, which also aren't getting dumped.
    Last edited by knight0334; March 2nd, 2011 at 04:55 PM.
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  4. #4
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    E. Greenville, Pennsylvania
    (Montgomery County)
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    Default Re: State / Federal Requirement to keep Hand Gun Records

    Transfers between spouses or between a parent and child or between grandparent and grandchild do not need to go through an FFL, therefor are not recorded or registered. If the gun was previously recorded/registered, that information would no longer be accurate.

    http://reference.pafoa.org/statutes/...r-of-firearms/
    The right to bear arms isn't for hunting bear. Subliminal Messages

  5. #5
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    Apolacon Township, Pennsylvania
    (Susquehanna County)
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    Default Re: State / Federal Requirement to keep Hand Gun Records

    You and your boss are both wrong.

    Each state has different laws regarding the sale of handguns within its' own borders. There is no federal handgun registry because that is illegal under current law.

    For example, New York State law requires issuance of the New York State Pistol License before a hanfgun can be owned or possessed or even purchased. When you receive your initial license, you also get a permit to use for the purchase of your first pistol. Thereafter each time you want to buy another gun you must request permission from the judge who adminsters your license, who if he agrees will give you another purchase certificate for a specific handgun identified by make, model and serial number. Purchasers typically place a gun on "lay-away" at the dealer until they get their purchase permit. Once the transaction is completed you must get the pistol's info added to your license. Private sales are allowed only between state licensees.


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  6. #6
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    Philadelphia, Pennsylvania
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    Default Re: State / Federal Requirement to keep Hand Gun Records

    Firearms registry in PA is illegal, yet the State Police keep a database of all handguns and certain NFA weapons sold when you fill out the application/record of sale. Section E is illegal on this form. When I asked the PSP firearms unit about it, it was explained to me that the PA Supreme Court ruled that the database is not registration and that any of those firearms brought into the State by a new resident are not required to be reported to the PSP. It's still illegal gun registration. Don't piss on my leg and tell me it's raining. Any PA LEO can run your information and find out every handgun, SBR, SBS, or AOW that you've been transfered in PA.
    Those who dare.

  7. #7
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    Default Re: State / Federal Requirement to keep Hand Gun Records

    In Wisconsin If I by a handgun from a dealer I fill out a yellow piece of paper and 48 hrs latter if approved I can pick up the gun I also get a niffty yellow piece of paper that says I was approved but it does not say what for, only that I was approved. A face to face sale requires no paperwork
    I always stressed to my son"one shot one kill that was all that is needed". When He came home from Marine Corp Boot camp He was telling me about the Marines stressing "ONE SHOT ONE KILL" He looks at me and the light bulb went on Dad was now a whole lot smarter than he was 13 weeks ago.

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