Pennsylvania Firearm Owners Association
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  1. #1
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    Default When does a firearm cease to be a firearm?

    This might be a dumb question...

    What part of my sidearm must be present for it to be considered a firearm?

    EG:
    If I want to go somewhere and must travel through NYC, and my party is traveling in two cars separated by time and distance in such a way that I, traveling in one of the cars, can not access what is in the other car, how can I distribute the parts of my gun so that neither of the two cars is considered to have a firearm but upon meeting at the destination the parts can be assembled into a functioning firearm?

    I have tried to look this up on the ATF website but have been frustrated in my search.

    I know, for example, that for the SIG P-250, the serial-numbered metal frame and fire control assembly, is considered the gun; implying that I can carry the grip, slide and barrel and springs and not be be carrying a firearm since the serial-numbered metal frame and fire control assembly is not in my possession. Is my interpretation correct?

    In most guns we are not so lucky as to have a separate serial-numbered metal frame and fire control assembly...

    So: When does my gun cease to be a gun?



    Thanks.
    A great many people think they are thinking when they are really rearranging their prejudices. William James

  2. #2
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    Default Re: When does a firearm cease to be a firearm?

    The transferable receiver is the firearm. My Glock has a serial number on the receiver, the barrel, and the slide, but only the receiver is considered a firearm. I can buy a barrel or slide FTF without going through an FFL, but I have to have the receiver transferred at an FFL.

    In your scenario, the vehicle carrying the receiver is still carrying a firearm, even if it's completely stripped. There's no way of getting around that.

  3. #3
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    Default Re: When does a firearm cease to be a firearm?

    Quote Originally Posted by Ramtuff View Post
    The transferable receiver is the firearm. My Glock has a serial number on the receiver, the barrel, and the slide, but only the receiver is considered a firearm. I can buy a barrel or slide FTF without going through an FFL, but I have to have the receiver transferred at an FFL.

    In your scenario, the vehicle carrying the receiver is still carrying a firearm, even if it's completely stripped. There's no way of getting around that.
    What he said....also, if you look at an AR....the lower is a weapon..the upper is just a part.

  4. #4
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    Default Re: When does a firearm cease to be a firearm?

    Quote Originally Posted by Ramtuff View Post
    The transferable receiver is the firearm. My Glock has a serial number on the receiver, the barrel, and the slide, but only the receiver is considered a firearm. I can buy a barrel or slide FTF without going through an FFL, but I have to have the receiver transferred at an FFL.

    In your scenario, the vehicle carrying the receiver is still carrying a firearm, even if it's completely stripped. There's no way of getting around that.
    Interesting.
    In "THE GUN CONTROL ACT OF 1968 TITLE 18, UNITED STATE CODE, CHAPTER 44" http://www.atf.gov/publications/down...f-p-5300-4.pdf

    The definition on "handgun" is:
    921.28 (a-b)
    • (29) The term "handgun" means—
    • (A) a firearm which has a short
      stock and is designed to be held and
      fired by the use of a single hand; and
    • (B) any combination of parts from
      which a firearm described in subparagraph
      (A) can be assembled.


  5. But the PA code 18 Pa.C.S. § 6105: http://reference.pafoa.org/statutes/...sfer-firearms/

    section (i) says:
    (i) Firearm.--As used in this section only, the term "firearm" shall include any weapons which are 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.

    Apparently the federal definition implies that the receiver, sans other parts, is not a firearm since it can not be assembled to fire anything.
    BUT the PA wording seems more restrictive (or specific) in that it specifically states the "frame or receiver".

    So I could infer that each states definition needs to be checked before travelling through the state as I mentioned in the original example?

    Thanks.
A great many people think they are thinking when they are really rearranging their prejudices. William James

  • #5
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    Default Re: When does a firearm cease to be a firearm?

    Humm question here is, ARE you going to a state that honors your LTCF from Pa? If you dont have a LTCF, THEN DONT DO IT...Alot of other states will honor a PA. LTCF. So you can carry concealed in the states as well.

    Please read this and understand it. You can travel through states with a firearm.

    The below is from the federal firearms act or law..



    TITLE 18 PART I CHAPTER 44 § 926A. Interstate transportation of firearms
    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console

    Also go here to check for more info.

    http://apps.carryconcealed.net/packngo/index.php

    Snert...

  • #6
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    Default Re: When does a firearm cease to be a firearm?

    Quote Originally Posted by Snert View Post
    Humm question here is, ARE you going to a state that honors your LTCF from Pa? If you dont have a LTCF, THEN DONT DO IT...Alot of other states will honor a PA. LTCF. So you can carry concealed in the states as well.

    Please read this and understand it. You can travel through states with a firearm.

    The below is from the federal firearms act or law..



    TITLE 18 PART I CHAPTER 44 § 926A. Interstate transportation of firearms
    Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console

    Also go here to check for more info.

    http://apps.carryconcealed.net/packngo/index.php

    Snert...
    That is very interesting. Thanks for the clarification.

    There are many confusing, contradicting opinions floating around. This clarifies it a lot.

    ciao.
    A great many people think they are thinking when they are really rearranging their prejudices. William James

  • #7
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    Default Re: When does a firearm cease to be a firearm?

    Quote Originally Posted by Battling_Chaos View Post
    That is very interesting. Thanks for the clarification.

    There are many confusing, contradicting opinions floating around. This clarifies it a lot.

    ciao.
    I'd keep in mind that NYC is an especially bad case, in that they require notification before you travel through any of the five boroughs. Technically, federal law protects you while traveling but who needs the hassle. Post-Giuliani the NYPD arrests first and asks questions later, another thing to keep in mind.

    Where are you going that requires you to travel through the city, and what are you doing when you get there? Big questions, as Long Island is the only destination that demands you go through NYC and the laws there are just as bad as the city ...

    --RobW

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