Pennsylvania Firearm Owners Association
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  1. #21
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    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: About Gun "Registration" or Transfers in PA

    It might be possible to be charged with conspiracy, even though the transfer laws only apply to the seller/transferor. Every sale requires a co-conspirator.

    At the least, the gun could be seized.

    There's also the possibility that the gun was stolen (especially where you don't have any idea how the friend came into possession.) The record of sale database would be a good defense for you, if you were charged with receiving stolen property. A surprising number of "friends" develop amnesia once criminal charges are in the air, looking for someone to settle on.

  2. #22
    Join Date
    Mar 2009
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    Coraopolis, Pennsylvania
    (Allegheny County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Thanks for the info. Best thing is probably go to a place to get it transferred legally.

  3. #23
    Join Date
    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Quote Originally Posted by guerrillataktix View Post
    Thanks for the info. Best thing is probably go to a place to get it transferred legally.
    Yep.. ..its generally best to always abide by the letter of the law. Well, unless you like funding folks like the gentleman above you and their gun, ammo, hookers, and alcohol addictions.

    Abiding by the law allows you to put that money towards your own guns, booze, and broads.

  4. #24
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    May 2009
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    Phoenixville, Pennsylvania
    (Chester County)
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    Default Re: About Gun "Registration" or Transfers in PA

    About buying a handgun without transfering it. I had a customer call me to say they had their guns stolen. They were recovered, however one was a Glock purchased as a private sale and never transfered. They did not want to pay the transfer fee to save money. The sheriff of Montgomery county would not give them the Glock since it was still in the other persons name, who now is deceased. The decendents of the person they bought it from and my customer are not on good terms with each other and they ended up not getting the Glock returned to them. It may pay in the long run to transfer the handgun.

  5. #25
    Join Date
    Dec 2008
    Location
    York, Pennsylvania
    (York County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Thanks for this thread! Thanks for making it simple to understand!
    I'm thinking about buying a used shotgun in a private sale...
    I was reading the PA code & getting confused!

    I read:
    (a) Time and manner of delivery.--
    (1) Except as provided in paragraph (2), no seller shall deliver a firearm to the purchaser or transferee thereof until 48 hours shall have elapsed from the time of the application for the purchase thereof, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.
    (2) Thirty days after publication in the Pennsylvania Bulletin that the Instantaneous Criminal History Records Check System has been established in accordance with the Brady Handgun Violence Prevention Act (Public Law 103- 159, 18 U.S.C. 921 et seq.), no seller shall deliver a firearm to the purchaser thereof until the provisions of this section have been satisfied, and, when delivered, the firearm shall be securely wrapped and shall be unloaded.


    & thought ok so it looks like we do need to go thru an FFL & get a pics check

    then I read:
    (c) Duty of other persons.--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.

    &

    (e) Nonapplicability of section.--This section shall not apply to the following:
    (1) Any firearm manufactured on or before 1898.
    (2) Any firearm with a matchlock, flintlock or percussion cap type of ignition system.
    (3) Any replica of any firearm described in paragraph (1) if the replica:
    (i) is not designed or redesigned to use rimfire or conventional center fire fixed ammunition; or
    (ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.


    &

    (f) Application of section.--
    (1) For the purposes of this section only, except as provided by paragraph (2), "firearm" shall mean any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.


    And I thought yep sure does look like we do need to go thru an FFL!

    Then I got to:

    (2) The provisions contained in subsections (a) and (c) shall only apply to pistols or revolvers with a barrel length of less than 15 inches, any shotgun with a barrel length of less than 18 inches, any rifle with a barrel length of less than 16 inches or any firearm with an overall length of less than 26 inches.

    & I went WTF? so now it seems I don't need to go thru an FFL?

    & then I found this sticky & wow I could have saved myself all the confusion & want of a law degree! So thanks to the OP & PAFOA!!!!


    after reading the statute I do have a related question however...

    Now I know I must be wrong, but to me this part looks like it is saying that if you have a LTCF or are a cop, you don't need to go thru the pics check or fill out the forms or do anything for any transfer including handguns...
    (3) The provisions contained in subsection (a) shall not apply to any law enforcement officer whose current identification as a law enforcement officer shall be construed as a valid license to carry a firearm or any person who possesses a valid license to carry a firearm under section 6109 (relating to licenses).

    Since section a states:

    no seller shall deliver a firearm to the purchaser thereof until the provisions of this section have been satisfied,

    wouldn't having subsection "a" not apply mean that the provisions of the entire section does not apply since "a" is referencing the need to satisfy the provisions of the entire section?


    My head hurts now!
    Last edited by 87th PVI; January 1st, 2010 at 10:58 AM.
    Let us never forget the sacrifice of those who have fought for us all.

  6. #26
    Join Date
    Feb 2007
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    Industry, Pennsylvania
    (Beaver County)
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    Default Re: legal acquisition?

    Quote Originally Posted by guerrillataktix View Post
    I acquired a S&W Model 19 .357 revolver from a friend of mine about a year ago. We didn't do any transfer or go anywhere for documentation of the transactions. I'm am not even sure if he purchased the revolver or how he came to posses it.

    I dont really have any concerns about possessing the firearm for target shooting, etc but if it ever comes to defending myself with it (home invasion, etc) I don't want to get brought up on some gun charge.

    Does this acquisition sound legal?
    Guerrilla you said that you acquired it,did you purchase or what? I would think of it as a long term loan and you should be good to go. I believe a loan to you is ok if you are not prohibited. If you murder someone it will be on him. Just kidding
    In a world of compromise some men dont.

  7. #27
    Join Date
    Jan 2010
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    York, Pennsylvania
    (York County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Kinda off track here, but their was mention of gun registration in the states of CA,NJ,NY,MD but i also wanted to add that in Clark County Nevada (the most populated county in NV (includes las vegas) all handguns must be registered and you must obtain blue cards for each and every handgun you own. Just though i'd pass the info along

  8. #28
    Join Date
    Jul 2009
    Location
    Aston, Pennsylvania
    (Delaware County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Hey Guys,

    (Sorry if this has already been answered elsewhere.) I have just purchased my first AR15 (yes, Im stoked). I have several hand guns, but this is my first rifle. Can someone please tell me if I should have received any paperwork showing ownership of this rifle; such as a bill of sale or copy of the transfer into my name. Also, all of my handguns included the Ballistic round from the manufacturer. Please advise if I should have received this with my ar15 as well. Thanks for you input.

  9. #29
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
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    65
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    Default Re: About Gun "Registration" or Transfers in PA

    If you bought it from a dealer (FFL) you should have a bill of sale from them (even if not more than a cash register receipt). The paperwork showing that it was sold to you is the BATFE Form 4473 (again if bought from a dealer) and the FFL keeps it. If you bought from a private party, there is no law that says that any paperwork is required. Take it out and have fun. Rifles do not have the fired round, only handguns (because some states require it to be turned into one of their police agencies).
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  10. #30
    Join Date
    Jul 2009
    Location
    Aston, Pennsylvania
    (Delaware County)
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    Default Re: About Gun "Registration" or Transfers in PA

    Thanks for the feedback. You put my mind at ease. I bought it from a private dealer at the VF gun show yesterday. He seems to have a good rep throughout this website; therefore, I wasnt too concerned but did want to be certain. Thanks again!!

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