Brochure on PSP Website

[wolfsburg_de]

Has anyone seen this?

"INFORMATION FOR PENNSYLVANIA FIREARM PURCHASERS & BASIC FIREARM SAFETY"

http://www.psp.state.pa.us/PSP/Lib/p...M_BROCHURE.pdf

"Q. What do I need to do if I want to sell or transfer a firearm to a friend?

A. You must have a licensed firearm dealer or sheriff process the transaction. The $3.00 surcharge does not apply. There will be a $2.00 Pennsylvania Instant Check System (PICS) background check done on the intended recipient of the firearm, to ensure the individual is eligible to acquire the firearm."

It seems they are misleadingly saying that long guns are subject to the same restrictions as pistols.

[SigForLife]

Nothing new there...same ole. However, I have to admit that I would recommend to anyone selling a long gun to someone they do NOT know that they go through a background check. If the person sells to a convicted felon, and the felon uses the weapon in a crime, the person who sold the weapon may be held criminally and civilly responsible.

[Frenchy]

Originally Posted by wolfsburg_de

Has anyone seen this?

"INFORMATION FOR PENNSYLVANIA FIREARM PURCHASERS & BASIC FIREARM SAFETY"

http://www.psp.state.pa.us/PSP/Lib/p...M_BROCHURE.pdf

"Q. What do I need to do if I want to sell or transfer a firearm to a friend?

A. You must have a licensed firearm dealer or sheriff process the transaction. The $3.00 surcharge does not apply. There will be a $2.00 Pennsylvania Instant Check System (PICS) background check done on the intended recipient of the firearm, to ensure the individual is eligible to acquire the firearm."

It seems they are misleadingly saying that long guns are subject to the same restrictions as pistols.

Go read the description of firearm again.

(2) State offenses classified as misdemeanors and
punishable by a term of imprisonment not to exceed two years.
"Firearm." Any pistol or revolver with a barrel length less
than 15 inches, any shotgun with a barrel length less than 18
inches or any rifle with a barrel length less than 16 inches, or
any pistol, revolver, rifle or shotgun with an overall length of
less than 26 inches. The barrel length of a firearm shall be
determined by measuring from the muzzle of the barrel to the
face of the closed action, bolt or cylinder, whichever is
applicable.

[Statkowski]

Technically, I think the PSP statement is correct. A "firearm" as defined by state law is a revolver, pistol, short-barreled rifle or short-barreled shotgun. Not sure about the last two items (I could be wrong), but the first two definitely are supposed to go through an FFL or the county sheriff. Since a "normal" rifle or shotgun is not a firearm, no "official" transfer process is required. The PSP statement is not a lie, but it doesn't tell the whole truth.

As for being criminally or civilly responsible for the weapon's mis-use by a felon, I believe they would have to show that you knew or had reason to believe the person was prohibited from possessing such. There is no mandate in state law for you, the individual citizen, to run a criminal background check on anyone, nor are there any provisions for you to do so should you desire to do such.

[SigForLife]

They can also show that you "should have known" or that it was "reckless" for you not to do a background check. Now think about the jury pool when the prosecutor says, all he/she had to do was go to a dealer and have a background check done and this gun would not have been transferred and not used to kill Officer Donuteater.

[wolfsburg_de]

Good points, guys - didn't catch that distinction. Maybe I'll email them to suggest an addition to that answer, something like:

"Long guns including rifles and shotguns are not required to be transfered through an FFL".

Like they would go out of their way to publicize that.

[TaePo]

IANAL and I was too lazy to peruse through it myself but...

As a word of caution, does not the crimes code apply differing definitions of firearms in different sections of the code? That can get tricky sometimes.

[pex]

Originally Posted by SigForLife

They can also show that you "should have known" or that it was "reckless" for you not to do a background check. Now think about the jury pool when the prosecutor says, all he/she had to do was go to a dealer and have a background check done and this gun would not have been transferred and not used to kill Officer Donuteater.

Except for the fact that it would be illegal for an FFL to run a check for the private party intrastate transfer of long arms between PA residents?

I guess the prosecutor can say what he/she wants in 'arguments'...


(By the way, "firearm" is in 6102 'Definitions' which presides over all of statute except where specifically redefined.)

[SigForLife]

How is it illegal? The FFL would enter it in his/her book as an acquisition and disposition. Matter of fact, the PSP says that such should occur.

[Lougotzz]

In todays society I only transfer through a dealer. Long arm and obviously pistol. I like to know I have a go between and all laws were followed. Thats just me.