Question for PA FFL holders


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ToxicSteel
October 11, 2004, 05:48 PM
I was reading the PA Code and found the following:

§ 6113. Licensing of dealers.
(a) General rule.--The chief or head of any police force or police department of a city, and, elsewhere, the sheriff of the county, shall grant to reputable applicants licenses, in form prescribed by the Pennsylvania State Police, effective for three years from date of issue, permitting the licensee to sell firearms direct to the consumer, subject to the following conditions in addition to those specified in section 6111 (relating to sale or transfer of firearms), for breach of any of which the license shall be forfeited and the licensee subject to punishment as provided in this subchapter:

The business shall be carried on only upon the premises designated in the license or at a lawful gun show or meet.
The license, or a copy thereof, certified by the issuing authority, shall be displayed on the premises where it can easily be read.
No firearm shall be sold in violation of any provision of this subchapter.
No firearm shall be sold under any circumstances unless the purchaser is personally known to the seller or shall present clear evidence of the purchaser's identity.
A true record in triplicate shall be made of every firearm sold, in a book kept for the purpose, the form of which may be prescribed by the Pennsylvania State Police, and shall be personally signed by the purchaser and by the person effecting the sale, each in the presence of the other, and shall contain the information required by section 6111. The record shall be maintained by the licensee for a period of 20 years.
No firearm as defined in section 6102 (relating to definitions) shall be displayed in any part of any premises where it can readily be seen from the outside. In the event that the Commissioner of the Pennsylvania State Police shall find a clear and present danger to public safety within this Commonwealth or any area thereof, firearms shall be stored and safeguarded pursuant to regulations to be established by the Pennsylvania State Police by the licensee during the hours when the licensee is closed for business.
The dealer shall possess all applicable current revenue licenses.

(b) Fee.--The fee for issuing said license shall be $30, which fee shall be paid into the county treasury.

(c) Revocation.--Any license granted under subsection (a) of this section may be revoked for cause by the person issuing the same, upon written notice to the holder thereof.

(d) Definitions.--For the purposes of this section and section 6112 (relating ot retail dealer required to be licensed) only unless otherwise specifically provided, 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.

My question is... am I correct in assuming then that all PA FFL's are required to get a license from the state as well in order to do business? Is this true? If so, who do I see about getting this application? The PA State Police make no mention of this on their site. In fact, I can't find a mention of this anywhere I look.

Thanks in advance!!!
__________________
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Steve Fuller
scfuller@fast.net

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Jim K
October 11, 2004, 08:26 PM
One of the first things anyone who is contemplating going into any business should do is retain a lawyer.

That said, you need to make sure that section of the code is still current. If you do not have an updated copy of the code, obtain one. As to requiring a state license, that is quite possible and I am sure some PA dealers will chime in. I know Maryland requires a state license for dealers in regulated firearms ("assault rifles" and handguns); an FFL (including a C&R license) alone is not valid for selling those guns or having them sent into the state.

Also check with local dealers to see if they have those licenses. If the requirement is valid and current, write the State Police HQ, citing the section of the law, and ask for the application form. When dealing with authority, conduct all business in writing and keep copies of everything.

Jim

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