JAYBELLS POST IS INCORRECT - No it is not, -danp

[Farbmeister]

The post on NFA weapons by JAYBELL is wrong.

PA has no explicit laws against MG ownership as long as you follow Federal laws.

His post stated that ALL NFA is ILLEGAL in PA. That is incorrect.

Please fix the post as it is completly wrong.

[billamj]

Re-read his post, he does not say mg ownership is illegal in pa, just manufacture. Based on your posts of the past couple of days, you need to get off the caffine.

[danp]

The post on NFA weapons by JAYBELL is wrong.

No it is not.

PA has no explicit laws against MG ownership as long as you follow Federal laws.

Yes it does:

§ 908. Prohibited offensive weapons.

(a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

(b) Exceptions.--

1. It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. 5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.

...

(c) Definition.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm.": 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.

"Offensive weapons.": Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, dagger, knife, razor or cutting instrument, the blade of which is exposed in an automatic way by switch, push-button, spring mechanism, or otherwise, or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

Interestingly I just noticed that the law IS silent on SBRs it appears.

What this means however is the is is in fact illegal to own these items, but there is a defense if you can prove you have complied with federal law. Technically I believe you could be arrested and would have to wait until trial to prove this which is very stupid, however that happening is unlikely.

[GunLawyer001]

Jay Bell makes mistakes about firearms about once a year, and this isn't one of them. He's a tremendously knowledgeable guy when it comes to firearms.

In fact, PA law DOES prohibit machineguns, silencers, bombs, short-barreled shotguns, switchblades and miscellaneous other devices as "prohibited offensive weapons". With respect to MG's and SBS's, it's an affirmative defense to prove that you have the federal tax stamp (but this won't help with explosive ammo for your M-203).

What this means is that you can be arrested for possessing an MG or SBS, because it's presumed to be unlawful. You have the burden of proving that you complied with federal law. This answers the question "do I have to show my confidential tax form to a cop at the range"; the answer is "yes".

I only know of one place where SBR's are specifically addressed in PA law. Short barreled rifles and shotguns are defined as "firearms" under PA law; see the definitions section of the UFA. This quirk of the law means that a federally transferred Title II SBR or SBS can be carried loaded in your vehicle if you have a PA License to Carry Firearms, where a loaded ordinary Title I rifle (which is a "weapon other than a firearm" under Section 6106.1) could not be. Of course 99 out of 100 cops won't be aware of this (were you before I mentioned it?), so carrying your SBR AR-15 with a full Beta Mag on the passenger seat won't be without some hassles.

[JayBell]

Thanks fellas

I'm wrong a lot more than that for sure, but i try to be careful with the research before i open my Zumbo.

Farbmeister: remember, a big part of reading comprehension is reading the WHOLE sentence before trying to ascertain the meaning, my post says:
"ALL NFA IN PENNSYLVANIA IS ILLEGAL....unless registered under the NFA act of 34..."

thanks for the backup folks

[jdlv4_0]

Wow, somone got OWNED!

[Farbmeister]

Man, how did I miss that?

Public School education failed me big time

I apologize.

[DrakinClaw]

If you feel someone has stated false information, please be kind and simply just notify the Admin.

The thread in question will be deleted.

Creating a thread like this only creates bad-vibes.

Drakin