Do I Have To Register A Gun That Was Given To Me

Practise I Have To Register My Gun?

Firearms | September 2, 2020

I get this question a lot, and information technology'southward articulate that in that location is some confusion out at that place almost what information technology means to "register" a firearm. It is the purpose of this article to lend some clarity to the subject.

In guild to comprehensively address the topic of firearms registration, I will make two distinctions. The start stardom is between the categories of firearms: those which are field of study to the National Firearms Deed ("NFA Firearms"), and those which are not ("non-NFA Firearms"). (I am avoiding other often-used terms, like "Title I Firearms," "Title 2 Firearms," or "Grade Three Firearms" every bit they are inaccurate and misleading.) The 2nd distinction I will make is betwixt registering a firearm, on the 1 hand, and undergoing an ownership transfer background check, on the other.

Categories of Firearms

Returning to the two types of firearms, "not-NFA Firearms" are the most commonly endemic guns, and this category includes handguns (revolvers and semi-automatic pistols) and long guns (rifles and shotguns). Only a handful of states require registration of these types of guns. In fact, here in Pennsylvania we have laws that affirmatively prohibit registration of firearms. The premise of such a prohibition is that firearm registration is a step downwardly a slippery slope, leading to eventual confiscation. Conversely, the motivation behind background checks is to ensure that those who are "Prohibited Persons" (such as felons, for instance) are non allowed to own guns.

Notwithstanding, the law still requires the transferee (the recipient) of certain non-NFA Firearms to undergo a background cheque (as mentioned above, for the purpose of making certain a transferee is not a "Prohibited Person"). This is done at a Federal Firearms Licensee ("FFL," i.eastward. a dealer) who runs a background cheque on the transferee through the NICS (the National Instant Criminal Background Cheque Organisation) database, though here in Pennsylvania we use the "PICS" (Pennsylvania Instant Check Organisation). This is always accompanied by the completion of an ATF Form 4473, as well as the Pennsylvania Land Constabulary Awarding/Record of Sale form (SP 4-113) which is the form that lists the various factors prohibiting gun ownership.

(Caution: we have had many clients stumble into trouble by filling out ane of these forms without a proper understanding of what they hateful – read the instructions on the dorsum of the forms before completing them, because an incorrect respond tin can lead to criminal charges.)

All Pennsylvania handgun transfers must exist subjected to a PICS check, with the completion of a Form 4473 by the transferee of the handgun. However, PICS checks (and therefore ATF Form 4473s) are not required for long gun (i.east. rifles and shotguns) transfers in Pennsylvania (as long as the barrels are not shortened). That means that a handgun which is owned in Pennsylvania merely which was not properly transferred at an FFL (with a PICS cheque and ATF Form 4473) is an illegal handgun, and its possession volition subject area the possessor to criminal penalties. (At that place are some exceptions to this, though, such as transfers betwixt a parent and an adult child.) A long gun, nevertheless, as indicated above, can be transferred in Pennsylvania without an FFL-completed PICS cheque and ATF Form 4473, and therefore y'all can transfer ownership of a long gun in Pennsylvania with only a paw shake. (It is, however, strongly recommended that at to the lowest degree a Pecker of Sale always be completed for such transfers.)

What's the Difference Between Background Checks and Registrations?

As distinguished from a background check every bit described higher up, the registration of firearms is not permitted in Pennsylvania. In those other states requiring firearms registration, the process normally involves bringing the firearm to the local police force station for the purpose of alerting the municipality of its presence in their jurisdiction. This is an additional step that another states require, and is typically done almost immediately after the ownership transfer and NICS background check. (Residents of other states should bank check their local laws on specific procedures.)

It has been claimed, and rightly so, that many states' background check procedures in fact establish 'dorsum door' registrations, since the final outcome is the aforementioned – the government knows who has what guns. Pennsylvania is a proficient instance of this. Even though we have a statute on the books which specifically outlaws any firearm registration, a dealer-facilitated background check must accompany all handgun transfers, the form that the transferee fills out is then kept by the dealer, and a copy is sent to the Pennsylvania Country Police.

However, the storage of firearm purchaser information, while currently an unfortunate feature of our firearms transfer procedure, is not a necessary characteristic of a background cheque per se. In other words (and hither I describe not what the law is, but what it could be) it would be entirely reasonable for a dealer to comport a background bank check on a transferee by only calling the state police and getting a 'thumbs upward' or 'thumbs downwardly' on the transferee, without generating unnecessary paperwork for storage purposes. The state law could limit its record-keeping to the fact that a groundwork check was done on a specific firearm at a specific dealer, without any reference to the identity of the transferee. Only the dealer would maintain a photocopy of the transferee'due south driver'south license, which he would merely be mandated to provide to constabulary enforcement if a warrant was issued for its provision, in the case that a crime had been committed with the firearm in question.

Such a process would prevent a background bank check from becoming a 'back door' registration, but would also address legitimate law enforcement needs. Since this is not the case at present, the only firearms owners in Pennsylvania who are currently non subject to any kind of 'back door' registration are those who have purchased their long guns privately.

Registering an NFA Firearm

Returning to the constabulary as information technology is, the other category of firearms is "NFA Firearms," which term is defined as including any of the following: (A) a "short-barreled shotgun," the barrel(s) of which measure(s) less than 18 inches, or the overall length of which is less than 26 inches; (B) a "curt-barreled burglarize," the barrel of which measures less than xvi inches, or the overall length of which is less than 26 inches; (C) "whatsoever other weapon" ("AOW") (a pen gun, for example); (D) a car gun; (Eastward) a silencer (a/g/a "suppressor"); or (F) a destructive device (a grenade, for example). As in all other states, in Pennsylvania all NFA Firearms must be registered with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (which is nevertheless commonly referred to equally the "ATF").

A "Form 4" is the ATF grade required to transfer and register an NFA Firearm. Upon approval of a Form 4, an owner is issued a "tax postage stamp" (since the National Firearms Act is only a chapter within the Internal Revenue Code), and merely then may the bidder take possession of the NFA Firearm.

Pennsylvania prohibits the possession of "destructive devices," calling them "Prohibited Offensive Weapons," only allows for the possession of whatever of the other above-listed NFA Firearms, provided they are properly registered with the ATF.

Let us go along in mind, and then, that the PICS background check (in theory at to the lowest degree) simply ensures that a transferee is not a Prohibited Person, and, with some exceptions, nearly all firearms (both NFA and not-NFA) are subject to background checks. Registration, on the other hand, while required for the transfer of NFA Firearms, is not officially permitted in Pennsylvania. May we exist precise in our terminology, and zealous to keep these terms singled-out, both in theory and in practice, remembering that groundwork checks are intended to proceed guns out of the hands of the bad guys, whereas registration may somewhen keep them out of the hands of the adept guys.

Josh Bodene, Esq., an associate in the police force firm of Trinity Law, is a firearms enthusiast and handles all aspects of firearms police force.