Background checks

[Mdervish]

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.

[donm]

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.

[NikeBauer21]

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...

[Owen Roberts]

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!

[tl_3237]

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.

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.

[R L Suehr]

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!

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.

[tl_3237]

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!

ALL PICS checks include a check through NICS. By Federal law ALL FFL initiated background checks must include, at a minimum, NICS.

[Noah_Zark]

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!

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.

Noah

[R L Suehr]

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.

You got necroed TL.



The post I quoted is the current question. Feel free to elaborate, I'm sure you can do a little better.

[tl_3237]

You got necroed TL.



The post I quoted is the current question. Feel free to elaborate, I'm sure you can do a little better.

Yeah .. kinda feel into that one

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