(PA) Handguns and parts: background check? Documentation?

[budney]

Hello,

I hope this is the right forum for my question! I recently purchased a S&W Sigma 9mm at a gun shop, which of course involved a NICS check and a form 4473, and hence a permanent record of the sale.

I've looked into the laws concerning private sales in PA, and apparently long guns can be sold between private non-FFL owners without a NICS check or mandatory documentation. Private handgun sales, however, are required to be performed through an FFL and with a NICS check in PA. That's about all I could find, which leaves some questions open:

1) I assume that trades involving handguns must also go through an FFL? For example, if I traded my Sigma for a long gun, would the help of an FFL be required?

2) The private sale requires a check and an FFL to broker the deal, but does it also require a form 4473? I.e., is the FFL required to record the transaction as he would any other purchase made from him?

3) Lastly, the law doesn't seem to mention handgun parts. Is a NICS check required to purchase handgun parts from a private citizen? From a dealer? Must the transaction go through an FFL? Is there a form 4473 required for purchases of gun parts?

Thanks!
Len.

 

[Rumble]

Budney:

My responses are not drawn from experience, but from some reading and maybe a couple assumptions.

1. Since trading a gun to someone is still transferring the gun, it must be conducted via a PA FFL. The FAQ at the PA State Police site mentions selling or transferring, so I assume any means by which you convey a gun to another person needs to go through an FFL. Note: that FAQ only says "firearm," so I don't know if it's required for long guns and handguns, or only handguns.

2. Based on the foregoing, I assume that it would require a form 4473 and the normal PICS (in Pennsylvania, it's the "Pennsylvania Instant Check System") check. All the usual forms would be filled out.

3. With regard to parts, I think the only part that requires a 4473 and associated hoopla is the serialized part (the receiver or frame). I believe that's the only part considered to be a "firearm" by law. Anything else should be okay without using an FFL.



Don't take this as gospel, of course--I'm not a lawyer, nor have I ever played one, except once in 4th grade...


Edit: Okay, according to the 2005 Firearms Report (http://www.psp.state.pa.us/psp/lib/psp/PSP_Annual_Firearms_Report_-_2005.pdf), private transfers of long guns do not require background checks or anything like that, so they don't have to go through an FFL.