Pennsylvania Firearm Owners Association
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  1. #11
    Join Date
    Feb 2013
    Location
    Upper Darby, Pennsylvania
    (Delaware County)
    Age
    57
    Posts
    4,240
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    Default Re: Transfer question

    Quote Originally Posted by knight0334 View Post
    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.
    We really need a POOFA section full of $#!% like this for when non-gunners say "Why don't you just follow the law - how hard can it be?"

  2. #12
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
    Age
    71
    Posts
    5,612
    Rep Power
    21474859

    Default Re: Transfer question

    As explained to me, two days ago, because Mossberg (and Remington with the Tac-14) said it can be fired one handed, and has no shoulder stock, that is why PA says it is a handgun and thus needs a SP4-113 filled out. I have also heard that the PSP is contacting FFL's to advise them to have the SP4-113 filled out, even retroactively, without any repercussions.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  3. #13
    Join Date
    Oct 2006
    Location
    Brookville, Pennsylvania
    (Jefferson County)
    Age
    51
    Posts
    20,110
    Rep Power
    21474874

    Default Re: Transfer question

    Quote Originally Posted by Xringshooter View Post
    As explained to me, two days ago, because Mossberg (and Remington with the Tac-14) said it can be fired one handed, and has no shoulder stock, that is why PA says it is a handgun and thus needs a SP4-113 filled out. I have also heard that the PSP is contacting FFL's to advise them to have the SP4-113 filled out, even retroactively, without any repercussions.
    At least the PSP didn't rule it as a Prohibited Offensive Weapon, one of which you couldn't lawfully possess because you couldn't get an NFA tax stamp to legitimize ownership.

    Declaring it a "firearm" is in our favor because then it can be carried loaded in a vehicle(with LTCF of course). ...but then there is their RoS which is a negative.

    I'm actually considering buying one now the PSP has legitimized it.
    Last edited by knight0334; September 21st, 2017 at 03:43 PM.
    RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515

    Don't end up in my signature!

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