Do I Need To Register Guns I've Had Before Registration

Exercise I Have To Register My Gun?

Firearms  |  September 2, 2020

I get this question a lot, and it's clear that at that place is some confusion out there nigh what information technology ways to "register" a firearm.  It is the purpose of this article to lend some clarity to the subject.

In order to comprehensively accost the topic of firearms registration, I volition make two distinctions.  The first distinction is between the categories of firearms: those which are subject to the National Firearms Act ("NFA Firearms"), and those which are non ("non-NFA Firearms").  (I am avoiding other oft-used terms, similar "Title I Firearms," "Title Ii Firearms," or "Class Iii Firearms" as they are inaccurate and misleading.)  The second distinction I will make is betwixt registering a firearm, on the ane hand, and undergoing an ownership transfer groundwork bank check, on the other.

Categories of Firearms

Returning to the ii types of firearms, "non-NFA Firearms" are the most commonly endemic guns, and this category includes handguns (revolvers and semi-automatic pistols) and long guns (rifles and shotguns).  Only a scattering of states require registration of these types of guns.  In fact, hither in Pennsylvania we have laws that affirmatively prohibit registration of firearms.  The premise of such a prohibition is that firearm registration is a step down a slippery gradient, leading to eventual confiscation.  Conversely, the motivation behind background checks is to ensure that those who are "Prohibited Persons" (such as felons, for example) are not allowed to own guns.

However, the constabulary nonetheless requires the transferee (the recipient) of certain non-NFA Firearms to undergo a background bank check (as mentioned above, for the purpose of making sure a transferee is not a "Prohibited Person").  This is done at a Federal Firearms Licensee ("FFL," i.east. a dealer) who runs a background check on the transferee through the NICS (the National Instant Criminal Background Bank check Organization) database, though here in Pennsylvania nosotros use the "PICS" (Pennsylvania Instant Bank check System).  This is ever accompanied by the completion of an ATF Form 4473, as well equally the Pennsylvania Country Police force Application/Record of Sale class (SP four-113) which is the class that lists the various factors prohibiting gun ownership.

(CAUTION: we accept had many clients stumble into trouble by filling out one of these forms without a proper understanding of what they mean – read the instructions on the back of the forms before completing them, because an wrong answer tin lead to criminal charges.)

All Pennsylvania handgun transfers must be subjected to a PICS check, with the completion of a Form 4473 by the transferee of the handgun.  Withal, PICS checks (and therefore ATF Form 4473s) are not required for long gun (i.e. rifles and shotguns) transfers in Pennsylvania (as long equally the barrels are not shortened).  That means that a handgun which is endemic in Pennsylvania but which was not properly transferred at an FFL (with a PICS bank check and ATF Form 4473) is an illegal handgun, and its possession will subject the owner to criminal penalties.  (There are some exceptions to this, though, such equally transfers between a parent and an developed child.)  A long gun, notwithstanding, as indicated above, can be transferred in Pennsylvania without an FFL-completed PICS cheque and ATF Class 4473, and therefore yous can transfer buying of a long gun in Pennsylvania with simply a manus shake.  (It is, however, strongly recommended that at least a Beak of Sale always 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 usually 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 some other states require, and is typically done almost immediately after the ownership transfer and NICS background cheque.  (Residents of other states should check their local laws on specific procedures.)

It has been claimed, and rightly so, that many states' background check procedures in fact constitute 'back door' registrations, since the final consequence is the same – the authorities knows who has what guns.  Pennsylvania is a skillful example of this.  Fifty-fifty though we have a statute on the books which specifically outlaws whatever firearm registration, a dealer-facilitated groundwork cheque must back-trail all handgun transfers, the form that the transferee fills out is then kept by the dealer, and a copy is sent to the Pennsylvania Land Police.

Still, 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 law is, but what information technology could be) information technology would be entirely reasonable for a dealer to conduct a background check on a transferee by simply calling the state police and getting a 'thumbs up' or 'thumbs down' on the transferee, without generating unnecessary paperwork for storage purposes.  The state police force could limit its record-keeping to the fact that a background cheque was done on a specific firearm at a specific dealer, without any reference to the identity of the transferee.  But the dealer would maintain a photocopy of the transferee'due south driver'southward license, which he would but be mandated to provide to law enforcement if a warrant was issued for its provision, in the instance that a crime had been committed with the firearm in question.

Such a process would prevent a background check from condign a 'dorsum door' registration, just would also address legitimate law enforcement needs.  Since this is non the case at present, the only firearms owners in Pennsylvania who are currently non subject to whatsoever kind of 'back door' registration are those who take 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 as including whatsoever of the following: (A) a "short-barreled shotgun," the butt(s) of which measure(s) less than eighteen inches, or the overall length of which is less than 26 inches; (B) a "short-barreled rifle," the butt of which measures less than 16 inches, or the overall length of which is less than 26 inches; (C) "whatever other weapon" ("AOW") (a pen gun, for case); (D) a automobile gun; (East) a silencer (a/k/a "suppressor"); or (F) a destructive device (a grenade, for example).  Equally in all other states, in Pennsylvania all NFA Firearms must exist registered with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (which is all the same normally referred to as the "ATF").

A "Form 4" is the ATF class required to transfer and register an NFA Firearm.  Upon approval of a Grade iv, an possessor is issued a "tax stamp" (since the National Firearms Act is merely a chapter within the Internal Revenue Lawmaking), and only and so may the bidder take possession of the NFA Firearm.

Pennsylvania prohibits the possession of "subversive devices," calling them "Prohibited Offensive Weapons," but 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) simply ensures that a transferee is not a Prohibited Person, and, with some exceptions, virtually all firearms (both NFA and not-NFA) are subject to background checks. Registration, on the other hand, while required for the transfer of NFA Firearms, is not officially permitted in Pennsylvania.  May we be precise in our terminology, and zealous to continue these terms singled-out, both in theory and in practice, remembering that background checks are intended to keep guns out of the hands of the bad guys, whereas registration may eventually proceed them out of the easily of the good guys.

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

Source: https://www.yourlawfirmforlife.com/individual/firearms/do-i-have-to-register-my-gun/

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