Transfer vs. Registration - Page 2
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Thread: Transfer vs. Registration

  1. I'm not familiar with PA laws. You should call a gun store. I think PA requires an FFL for private party sales ONLY on handguns. I got this from another Google search. Search "gun transfer law in pa private party". The only way to know for sure is to call a gun store.

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  3. http://www.atf.gov/firearms/statelaw...nnsylvania.pdf

    The PA FFL requirement for private party sales applies only to handguns (6111(c) and (f)(2)):
    (c) Duty of other persons. Any person who
    is not a licensed importer, manufacturer or dealer
    and who desires to sell or transfer a firearm to
    another unlicensed person shall do so only upon
    the place of business of a licensed importer,
    manufacturer, dealer or county sheriff's office,
    the latter of whom shall follow the procedure set
    forth in this section as if he were the seller of the
    firearm. The provisions of this section shall not
    apply to transfers between spouses or to transfers
    between a parent and child or to transfers
    between grandparent and grandchild.

    (2) The provisions contained in subsections
    (a) and (c) shall only apply to pistols or revolvers
    with a barrel length of less than 15 inches, any
    shotgun with a barrel length of less than 18 inches,
    any rifle with a barrel length of less than
    16 inches or any firearm with an overall length of
    less than 26 inches.

    There is no gun registration in PA (6111.4):
    6111.4. Registration of firearms. Notwithstanding
    any section of this chapter to the contrary,
    nothing in this chapter shall be construed
    to allow any government or law enforcement
    agency or any agent thereof to create, maintain
    or operate any registry of firearm ownership
    within this Commonwealth. For the purposes of
    this section only, the term "firearm" shall include
    any weapon that 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.

    and:

    6111(v):
    (v) Unless it has been discovered pursuant to
    a criminal history, juvenile delinquency and mental
    health records background check that the potential
    purchaser or transferee is prohibited from
    possessing a firearm pursuant to section 6105
    (relating to persons not to possess, use, manufacture,
    control, sell or transfer firearms), no information
    on the application/ record of sale provided
    pursuant to this subsection shall be retained

    as precluded by section 6111.4 (relating to
    registration of firearms) by the Pennsylvania
    State Police either through retention of the application/
    record of sale or by entering the information
    onto a computer, and, further, an application/
    record of sale received by the Pennsylvania
    State Police pursuant to this subsection shall be
    destroyed within 72 hours of the completion of
    the criminal history, juvenile delinquency and
    mental health records background check.
    Last edited by NavyLCDR; 02-27-2009 at 11:21 AM.

  4. #13
    Thanks for those codes NavyLT. Do you know then, what is the purpose of the transfer? Is this just a way to say "even though the law says that no one may sell a gun to someone who they know is a criminal, we're gonna make you run a PICS check anyway, just to make sure."

    I know that regardless of it's purpose, I must do it in order to buy this gun. It just cranks me that I gotta pay someone $20-$30 to do it for a gun that I'm paying $50 for.

  5. #14
    http://www.courts.state.pa.us/OpPost...J-1-2003mo.pdf

    Well, upon further investigation, I have found this PA Supreme Court ruling. I just read the whole thing (talk about eyes glazing over...)

    The "transfer" is a record of sale that is kept on file by the PA State Police, permenantly. The SC of PA found that this is technically not a registery because it only shows who "purchased" the handgun, not necessarily who "owns" the handgun. Hogwash, in my opinion.

    On a more positive note, I just realized that since the record of sale need not be completed between spouses, child/parent, or grandchild/grandparent, I can form a chain that links me to my brother-in-law. He gives the gun to his wife (my sister-in-law), she gives it to her mom (my mother-in-law), she gives it to her other daughter (my wife), who gives it to me.

  6. Quote Originally Posted by utimmer43 View Post
    [
    The "transfer" is a record of sale that is kept on file by the PA State Police, permenantly. The SC of PA found that this is technically not a registery because it only shows who "purchased" the handgun, not necessarily who "owns" the handgun. Hogwash, in my opinion.
    I'd have to call BS on that one also. That stinks like registration so bad I can smell it from Tennessee...and presents a interesting scenario. Did your brother buy the gun legally? Is he the current owner on record with the SP? If he's not then he may be in some trouble selling the gun. The SP knows who is supposed to own it. If that's not the same person trying to sell it, there could be trouble. It would be like me trying to sell my neighbors car.

    Be careful trying to beat the system. You DON'T want a weapons related charge on your record.

  7. #16
    No, it's a legit gun ownership. He bought it from a dealer and so he is the last person on record to have purchased it.

    As far as the reg. vs. transfer... that's a distinction without a difference as far as I'm concerned. A registry is a registry. But, what can I do besides gripe about it to my state rep., right? (I think they are starting to recognize my voice.)

  8. Best to ask your local dealer for your State laws , each is different

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