AR-15 stripped lower MUST be registered as a handgun - Legal issues?

[Xringshooter]

The latest message from my Representative:

July 20, 2009

Ronald J. Lutz
Ron’s Gun Repair, LLC
307 Matilda Ave.
P.O. Box 935
Lemont, PA 16851-0935

Dear Mr. Lutz:
Thank you for your email wherein you expressed your concern with the Pennsylvania State Police approaching gun dealers advising that they must fill out an Application/Record of Sale form (SP4-113) for certain gun receivers. The form is typically used for the sale of handguns, short barreled rifles and short barreled shotguns, not firearm receivers. This is an issue which has been raised by a number of gun dealers and one which we are working to address.

We have learned that the Pennsylvania State Police is trying to more heavily regulate certain firearms that can be converted into handguns. As we have received numerous complaints on this issue, we are well aware of the PSP’s efforts to read the words “or may readily be converted to” into the definition of “firearm” under the Uniform Firearms Act. By asserting this interpretation, law enforcement is trying to limit the sale of AR-15 type firearms, which are generally treated as longarms.

Please know that there is an ongoing effort to address this issue with the PSP Commissioner. On July 17, 2009, Republican members of the House of Representatives sent a comprehensive letter to Colonel Frank Pawlowski informing PSP that it is reading words into the law that do not exist. The firearms subject to the Record of Sale (ROS) requirements and treatment as “handguns” are those firearms referred to in Section 6111(b)(1) of the UFA and no other firearm. The definition does not include the “or may readily be converted to. . .“ language upon which the PSP is relying to impose the ROS requirement.

Commissioner Pawlowski was advised that if he believes a substantive change in the law is appropriate, this must be accomplished legally via the legislative process. He was also informed that PSP’s position is not supported by state or federal law. Finally, PSP was urged to reconsider this ill-conceived policy.

We are in agreement that under the PSP’s new practice, honest gun dealers are being forced to fill complete forms which are not required under state or federal law and PSP has created unnecessary make-work for its Firearms Unit. We are hoping to resolve this issue by working directly with the PSP.

Thank you for contacting my office regarding this important issue. If I can be of any further assistance in matters relating to state government, please feel free to contact me.

Sincerely,
KERRY A. BENNINGHOFF
State Representative
171 Legislative District



Looks like some of our elected officials are trying to do something for us.

[lexnaturalis]

You know, I can't express how nice it is to have an actual representative that responds to a question with a substantive answer instead of a simple copy and paste job.

[jerkin]

Wow, wish I could rep the rep.

[notenoughguns]

Wow, wish I could rep the rep.

Me too , didn't know anyone gave a crap once they were in office , until election time that is .

[Xringshooter]

Well, I kinda "repped" him. Called his office but he's still fighting with the others about the budget. Told the assistant to pass on my thanks for staying up on this and I'll be in touch if/when anything else happens. The assistant told me that they were waiting to hear back from the PSP on the letter they sent and would keep me in the loop. So, after I got off the phone I dropped him an email again thanking him for his support.

[Guns4Fun]

Xring

Has the PSP put this new requirement in writing yet - or is it still word of mouth.

[Xringshooter]

I, (the business), have not received any directives, notices, etc. in writing from the Firearms Unit and that is the office that any and all directives in the past have come from. Personally, I have not been spoken to by any PSP personnel (other than my contacts at the Firearms Unit, and they have not directed me to do anything different than what I have been doing) about this matter. I am however, pretty small and am actually classed as a gunsmith so that may have something to do with it, I don't know.

[H4ck.b0x7]

Way to bring up an old thread but it seems to end after 14 pages with no resolve. Did anything ever come of this?? What is the policy with Receiver transfers now?

[GunLawyer001]

Way to bring up an old thread but it seems to end after 14 pages with no resolve. Did anything ever come of this?? What is the policy with Receiver transfers now?

As best as I recall, stripped, virgin AR-15 type receivers do not require Pa's "handgun form", the Record of Sale form. They sell in-state same as rifles to anyone 21 or over (although they get recorded as "other" instead of "rifle" or "handgun").

They can't be sold directly to any non-FFL across state lines, because they don't fall under the "long guns" exception.

[Xringshooter]

GL has it right.

The PSP got their head handed to them when they went to the BATFE to try to get a ruling that would go against what the FFL's in PA already understood. The BATFE "explained" to the PSP why they were wrong. The PSP then issued a retraction of their "policy" in the newsletter for PA FFL's.

An AR lower is handled in PA like a long arm EXCEPT that the buyer has to be 21 or older to purchase it from an FFL due to it being neither a long arm or a handgun. This is spelled out in the explanations in the BATFE Form 4473.

If purchased from a private party is no different than any other long arm.