Transfer question

[Noizy Child]

Would a 590 Mossberg Shockwave need to be transferred via FFL or can it be done person to person?

I know to purchase on you only fill out form 4473 but how would the transfer work from original purchaser to new?

Thanks

D

[Xringshooter]

I just (9/20/17 11:55 am) talked to the PSP Firearms Unit in Harrisburg and they have been getting a lot of calls about it. PA classes it as a handgun. So, in PA, it must be transferred at a FFL be it an original purchase or a sale between two people. The buyer must be a PA resident and be over 21 years old. The buyer will fill out both the ATF Form 4473 and the PSP form SP4-113 (Application/Record of Sale) and undergo the PICS background check.

[STBear]

I just (9/20/17 11:55 am) talked to the PSP Firearms Unit in Harrisburg and they have been getting a lot of calls about it. PA classes it as a handgun. So, in PA, it must be transferred at a FFL be it an original purchase or a sale between two people. The buyer must be a PA resident and be over 21 years old. The buyer will fill out both the ATF Form 4473 and the PSP form SP4-113 (Application/Record of Sale) and undergo the PICS background check.

If it is classified as a handgun then I guess it can be loaded in the car with a LTCF.

[RTF92.5]

I just (9/20/17 11:55 am) talked to the PSP Firearms Unit in Harrisburg and they have been getting a lot of calls about it. PA classes it as a handgun. So, in PA, it must be transferred at a FFL be it an original purchase or a sale between two people. The buyer must be a PA resident and be over 21 years old. The buyer will fill out both the ATF Form 4473 and the PSP form SP4-113 (Application/Record of Sale) and undergo the PICS background check.

Thanks. I've been curious about this, seeing them at shows and shops.

Anyone know why ATF isn't classifying it as an AOW? Barrel/OAL too short?

[knight0334]

Thanks. I've been curious about this, seeing them at shows and shops.

Anyone know why ATF isn't classifying it as an AOW? Barrel/OAL too short?

Overall length exceeds 26" despite the fact that the barrel is under 18".

[ScotsGuards]

I just (9/20/17 11:55 am) talked to the PSP Firearms Unit in Harrisburg and they have been getting a lot of calls about it. PA classes it as a handgun. So, in PA, it must be transferred at a FFL be it an original purchase or a sale between two people. The buyer must be a PA resident and be over 21 years old. The buyer will fill out both the ATF Form 4473 and the PSP form SP4-113 (Application/Record of Sale) and undergo the PICS background check.

Xring; Oddly enough the PICS people I spoke with told me it does NOT need an SP-113 and just to transfer it as you would a receiver. Just list "other" on the 4473 and "Firearm" as the weapon type. ATF told me the same thing. I find it odd that the Firearms Unit has NOT sent us any written procedure on these if there needs to be an SP-113 completed.

[knight0334]

Xring; Oddly enough the PICS people I spoke with told me it does NOT need an SP-113 and just to transfer it as you would a receiver. Just list "other" on the 4473 and "Firearm" as the weapon type. ATF told me the same thing. I find it odd that the Firearms Unit has NOT sent us any written procedure on these if there needs to be an SP-113 completed.

Regardless of PSP direction either way, it certainly meets the legal definition of a "firearm" under 6102, which would then require a SP4-113.

[Noizy Child]

Thanks for the info folks

[Orlov556]

Regardless of PSP direction either way, it certainly meets the legal definition of a "firearm" under 6102, which would then require a SP-113.

Does it though?

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

From my understanding, Mossberg isn't calling it a shotgun on purpose.

[knight0334]

Does it though?

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

From my understanding, Mossberg isn't calling it a shotgun on purpose.

That argument is old, and only barely applies. You cannot mix common terminology with legal terminology. What Federal law declares it is of little consequence as to what PA law defines it at.

"Shotgun" is a generic term meaning a firearm designed to use shot shells and typically with a smooth bore. Even the federal government designates guns by the bore, either rifled or smoothbore. Then federal law has the standard that a "shotgun" has, or has had, a shoulder stock. Since that gun doesn't have a shoulder stock, nor has it had one in the past, Mossberg cannot call it a "shotgun".

The gun is a smoothbore and it is designed to shoot shot shells, and since the barrel is under 18" - it is without a doubt a PA defined "firearm". ...for the most part it is a shot gun. But since it doesn't have a shoulder stock it isn't a federally defined Title I "shot gun", it is a Title I "firearm, other" because the OAL is 26"+.

The part in bold is the applicable part. The test is whether it is smoothbore and/or designed to shoot shot shells. ...which the gun passes with flying colors thus is a PA defined "firearm" meeting both possible tests for designation.

"Firearm." Any pistol or revolver with a barrel length less than 15 inches, any shotgun with a barrel length less than 18 inches or any rifle with a barrel length less than 16 inches, or any pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.