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PA Trans. & Legal Question

Discussion in 'Legal' started by randytrapper, Feb 4, 2011.

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  1. randytrapper

    randytrapper Member

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    I've often wondered why in my state of PA. Folks are always willing to sell long guns, face to face cash and carry. I'm talking individuals not shops. But when it's a pistol we always go to a shop and have them 'transfer' the gun.

    I thought guns where not registered? If that's the case why do folks like to have it transferred?

    Thanks in advance for clearing this up for me.
     
  2. tyeo098

    tyeo098 Member

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    Thats odd, here in Florida I drove to Tampa to buy my CZ75B. Went to the guys house with my buddy. Handed him cash, filled out a "bill of sale" and he handed me the gun. Last I saw of him.

    He has 3 teeth.

    Also, I dont think PA has a registry like NY does. Maybe they're buddies (him and the GSO) thats a free 25$ FFL he's getting :D
     
  3. mbogo

    mbogo Member

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    Perhaps they think it is required under PA law.

    mbogo
     
  4. Sam1911

    Sam1911 Moderator

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    And they would be RIGHT.

    Randytrapper, the reason is that PA law requires handguns to be transferred through an FFL dealer. Most people don't like committing felonies -- especially ones involving some other buyer or seller they don't really know (like the undercover cop next door) -- so they comply.

    From the NRA's page on PA laws:
    http://www.nraila.org/statelawpdfs/PASL.pdf
     
  5. randytrapper

    randytrapper Member

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    Thank you very much Sam. So it's not really the firearm being transferred as much as the buyer being 'checked out' so to speak?
     
  6. Sam1911

    Sam1911 Moderator

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    Not sure what you mean. The firearm must be transferred through a dealer.

    ANY time an FFL dealer sells a gun to an unlicensed person (anyone who isn't a dealer) that gun must be transferred on a federal form 4473 and do a NICS check.

    PA also does keep the record of sale on each handgun sold. Some will tell you that isn't gun registration. Not with a straight face, usually, but they must say that as registration would be against PA law.

    Read this for more info: http://www.pafoa.org/law

     
  7. randytrapper

    randytrapper Member

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    Thanks again. I'll take some time and read through the link. I always thought the firearm was not registered at all. I did not think we had 'gun registration' in PA, or the USA for that matter. I'm ignorant to the legality's, that's why I thought that the transfer was maybe just 'checking the buyer out'.

    Thanks again for the link.
     
  8. geekWithA.45

    geekWithA.45 Moderator Emeritus

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    Gun registration is explicitly forbidden in PA.

    The PA State police has been required by law to record all handgun transfers that have taken place in the state (With a few exceptions, such as between immediate family members, people moving in, and inheritance) since the early 40's. (Via a form that is filed, either by FFL, or you can also go to the county sheriff, which is rarely done in practice.)

    The PA supreme court has (insanely) ruled, based on what they openly admit is a technical, structural defect in the statutes, that this is not a gun registry, because there are those few legal exceptions.
     
  9. Sam1911

    Sam1911 Moderator

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    And which has been reportedly abused a number of times to hassle legal gun owners when their gun's serial number doesn't show up in the sale database. Oh, no. It isn't a registration... :scrutiny:
     
  10. General Geoff

    General Geoff Member

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    The upshot is that, if push comes to shove, the state police cannot use their database as proof of unlawful ownership, since the only reason they are able to legally maintain their database is because they have argued that it is not a registry, before the state supreme court.
     
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