How Can I Register A Gun I Bought From A Friend

Do I Take To Register My Gun?

Firearms | September 2, 2020

I get this question a lot, and it'south clear that there is some defoliation out at that place virtually what it means to "register" a firearm. Information technology is the purpose of this article to lend some clarity to the subject.

In order to comprehensively address the topic of firearms registration, I will make 2 distinctions. The showtime distinction is betwixt the categories of firearms: those which are discipline to the National Firearms Act ("NFA Firearms"), and those which are non ("not-NFA Firearms"). (I am avoiding other ofttimes-used terms, like "Championship I Firearms," "Title Ii Firearms," or "Class III Firearms" every bit they are inaccurate and misleading.) The second distinction I will make is between registering a firearm, on the one paw, and undergoing an buying transfer groundwork check, on the other.

Categories of Firearms

Returning to the ii types of firearms, "non-NFA Firearms" are the most unremarkably owned 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 accept laws that affirmatively prohibit registration of firearms. The premise of such a prohibition is that firearm registration is a pace downwards a slippery gradient, leading to eventual confiscation. Conversely, the motivation behind groundwork checks is to ensure that those who are "Prohibited Persons" (such equally felons, for case) are not allowed to own guns.

However, the law withal requires the transferee (the recipient) of sure non-NFA Firearms to undergo a groundwork 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 bank check on the transferee through the NICS (the National Instant Criminal Background Bank check Organisation) database, though here in Pennsylvania we apply the "PICS" (Pennsylvania Instant Check System). This is always accompanied by the completion of an ATF Course 4473, likewise as the Pennsylvania State Police Awarding/Record of Auction form (SP iv-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 one of these forms without a proper understanding of what they hateful – read the instructions on the dorsum of the forms earlier completing them, because an incorrect answer can lead to criminal charges.)

All Pennsylvania handgun transfers must exist subjected to a PICS bank check, with the completion of a Course 4473 by the transferee of the handgun. However, PICS checks (and therefore ATF Course 4473s) are not required for long gun (i.e. rifles and shotguns) transfers in Pennsylvania (every bit long every bit the barrels are non shortened). That means that a handgun which is owned in Pennsylvania only which was non properly transferred at an FFL (with a PICS check and ATF Form 4473) is an illegal handgun, and its possession will bailiwick the owner to criminal penalties. (There are some exceptions to this, though, such as transfers between a parent and an adult kid.) A long gun, however, as indicated in a higher place, can exist transferred in Pennsylvania without an FFL-completed PICS check and ATF Form 4473, and therefore y'all can transfer ownership of a long gun in Pennsylvania with just a manus shake. (Information technology is, however, strongly recommended that at least a Bill of Sale e'er be completed for such transfers.)

What'due south the Difference Between Background Checks and Registrations?

As distinguished from a background check as described above, 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 station for the purpose of alerting the municipality of its presence in their jurisdiction. This is an additional step that another states crave, and is typically washed almost immediately later the ownership transfer and NICS background check. (Residents of other states should cheque their local laws on specific procedures.)

It has been claimed, and rightly and then, that many states' background check procedures in fact constitute 'dorsum door' registrations, since the final result is the same – the government knows who has what guns. Pennsylvania is a good case of this. Even though we accept a statute on the books which specifically outlaws whatsoever firearm registration, a dealer-facilitated groundwork check must accompany all handgun transfers, the grade that the transferee fills out is then kept by the dealer, and a copy is sent to the Pennsylvania State Police force.

All the same, the storage of firearm purchaser data, while currently an unfortunate characteristic of our firearms transfer procedure, is non a necessary feature of a background check per se. In other words (and here I describe not what the police is, simply what it could exist) information technology would exist entirely reasonable for a dealer to conduct a background check on a transferee by but calling the state police and getting a 'thumbs upwardly' or 'thumbs down' on the transferee, without generating unnecessary paperwork for storage purposes. The land police could limit its record-keeping to the fact that a background check was washed 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'southward commuter's license, which he would only exist mandated to provide to law 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 groundwork check from becoming a 'back door' registration, simply would also address legitimate law enforcement needs. Since this is not the case at present, the just firearms owners in Pennsylvania who are currently non subject field to whatsoever kind of 'dorsum door' registration are those who have purchased their long guns privately.

Registering an NFA Firearm

Returning to the constabulary every bit it is, the other category of firearms is "NFA Firearms," which term is defined every bit including any of the following: (A) a "brusk-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 "short-barreled rifle," the barrel of which measures less than 16 inches, or the overall length of which is less than 26 inches; (C) "any other weapon" ("AOW") (a pen gun, for instance); (D) a machine gun; (Due east) a silencer (a/one thousand/a "suppressor"); or (F) a subversive device (a grenade, for case). Every bit in all other states, in Pennsylvania all NFA Firearms must exist registered with the federal Agency of Booze, Tobacco, Firearms and Explosives (which is still commonly referred to as the "ATF").

A "Grade 4" is the ATF form required to transfer and register an NFA Firearm. Upon blessing of a Form 4, an owner is issued a "tax stamp" (since the National Firearms Act is simply a chapter within the Internal Acquirement Lawmaking), and only then may the applicant take possession of the NFA Firearm.

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

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

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