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Thread: Background checks
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February 18th, 2010, 12:30 PM #1Junior Member
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Background checks
Does a background check (instant records check) need to be done on people who buy a firearm from another individual, that is, not through a licensed dealer? Thanks.
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February 18th, 2010, 02:53 PM #2Grand Member
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retired to Eastern,
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Re: Background checks
Assuming that you're both PA residents . . .
Handguns ("firearms" as defined in PA law): Yes. You'd need to take it to an FFL for the transfer. You'll pay them for the background check and for the required transfer paperwork.
Long guns: no, as long as you have no reason to believe that the buyer is a prohibited person.
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February 18th, 2010, 02:53 PM #3
Re: Background checks
Only if it is classified as a firearm per state (ie, handgun) it must be transferred at a dealer. If it is a long-gun, then a face to face transfer will suffice. A lot of people, when doing a FTF transfer, ask to see the other person's LTCF, or at the very least a DL for some personal information on the buyer. Obviously, a LTCF will mean that the person passed a background check recently... Also, it's always good to have some sort of bill of sale as well...
ETA: donm beat me to it...Last edited by NikeBauer21; February 18th, 2010 at 02:55 PM.
III%
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December 1st, 2015, 02:33 PM #4Junior Member
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Re: Background checks
When buying a handgun does the dealer only check PICS or does he go through NICS as well? I am having this debate with someone who says they only check the PICS system, however I remember that two forms were completed when I last purchased a handgun.
Thanks!
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December 1st, 2015, 02:43 PM #5
Re: Background checks
By Federal law if the buyer and seller have different states of residence then an FFL must be used which would necessarily entail a background check - even for longarms.
If the parties are of the same state of residence and the transfer occurs within that state then the state laws regarding the transfer would prevail. For example, Pa requires an FFL for handgun transfers ONLY (with a few exceptions); NJ requires no FFL for handgun and/or longarm transfers (though there are prerequisite licensure requirements entailing a background check run for each pistol purchase permit and for each NJFID which is good indefinitely for multiple longarm purchases assuming no disqualifiers have occurred since issue.IANAL
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December 1st, 2015, 02:43 PM #6
Re: Background checks
PA uses the PICS system. It checks the same information as the NICS system, however it is run by the state. They do not use both systems. I'm gonna guess the last gun you bought was a hand gun. When you by a handgun, you fill out both the 4473 form and the sp4-113 form. The first is for the atf and is filled out for all gun purchases. The second is the state police record of sales data base form. It is only for handguns and is for their bullshit registry, that they don't think is a registry.
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December 1st, 2015, 02:43 PM #7
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December 1st, 2015, 02:45 PM #8
Re: Background checks
To answer your specific question in bold italicized text quoted above, the Federal ATF 4473 and PSP SP4-113 Record of Sale are both completed for handgun purchases / transfers. The buyer completes and signs both forms, and the FFL calls PICS at an 800-number, and PICS issues the approval number it there are no red flags. PICS has direct access to NICS and other databases from the Harrisburg HQ, but a PA FFL does not; PA FFLs contact only PICS.
NoahWisdom and knowledge shall be the stability of thy times.
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December 1st, 2015, 02:48 PM #9
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December 1st, 2015, 03:01 PM #10
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