Can I Register A Gun That Was Given To Me

Practice I Have To Annals 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 about what it means to "register" a firearm.  It 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 brand two distinctions.  The first distinction is betwixt the categories of firearms: those which are discipline to the National Firearms Act ("NFA Firearms"), and those which are not ("not-NFA Firearms").  (I am avoiding other often-used terms, similar "Title I Firearms," "Title II Firearms," or "Form Three Firearms" as 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 commonly owned guns, and this category includes handguns (revolvers and semi-automated pistols) and long guns (rifles and shotguns).  Simply a scattering of states crave 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 step downwards a slippery slope, leading to eventual confiscation.  Conversely, the motivation behind groundwork checks is to ensure that those who are "Prohibited Persons" (such as felons, for instance) are non allowed to own guns.

However, the law however requires the transferee (the recipient) of certain not-NFA Firearms to undergo a background check (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.east. a dealer) who runs a groundwork check on the transferee through the NICS (the National Instant Criminal Background Bank check Organisation) database, though here in Pennsylvania nosotros apply the "PICS" (Pennsylvania Instant Check Organisation).  This is always accompanied by the completion of an ATF Form 4473, as well as the Pennsylvania State Police Application/Record of Sale class (SP 4-113) which is the course 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 mean – read the instructions on the dorsum of the forms before completing them, because an wrong answer tin atomic number 82 to criminal charges.)

All Pennsylvania handgun transfers must be subjected to a PICS bank check, with the completion of a Form 4473 by the transferee of the handgun.  However, PICS checks (and therefore ATF Form 4473s) are not required for long gun (i.due east. rifles and shotguns) transfers in Pennsylvania (as long as the barrels are not shortened).  That means that a handgun which is owned in Pennsylvania but which was non properly transferred at an FFL (with a PICS check and ATF Course 4473) is an illegal handgun, and its possession will subject field the owner to criminal penalties.  (There are some exceptions to this, though, such as transfers between a parent and an adult child.)  A long gun, still, equally indicated above, can be transferred in Pennsylvania without an FFL-completed PICS check and ATF Grade 4473, and therefore you lot can transfer buying of a long gun in Pennsylvania with just a hand shake.  (It is, however, strongly recommended that at least a Bill of Sale always be completed for such transfers.)

What's the Difference Between Groundwork Checks and Registrations?

As distinguished from a background check equally 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 constabulary station for the purpose of alerting the municipality of its presence in their jurisdiction.  This is an boosted step that some other states require, and is typically done almost immediately after the ownership transfer and NICS background check.  (Residents of other states should check 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 regime knows who has what guns.  Pennsylvania is a skilful example of this.  Even though nosotros have a statute on the books which specifically outlaws whatsoever firearm registration, a dealer-facilitated background 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 State Police.

However, the storage of firearm purchaser information, while currently an unfortunate feature of our firearms transfer procedure, is not a necessary feature of a background check per se.  In other words (and hither I draw not what the police is, but what it could be) information technology would be entirely reasonable for a dealer to conduct a background check on a transferee past 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 could limit its tape-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.  Only the dealer would maintain a photocopy of the transferee'south commuter's license, which he would simply be mandated to provide to constabulary 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 background cheque from becoming a 'dorsum door' registration, simply would also address legitimate law enforcement needs.  Since this is not the case at present, the only firearms owners in Pennsylvania who are currently not subject area to whatever kind of 'back door' registration are those who have purchased their long guns privately.

Registering an NFA Firearm

Returning to the law as it is, the other category of firearms is "NFA Firearms," which term is defined as including any of the following: (A) a "brusque-barreled shotgun," the barrel(s) of which measure(due south) less than 18 inches, or the overall length of which is less than 26 inches; (B) a "short-barreled burglarize," the butt of which measures less than 16 inches, or the overall length of which is less than 26 inches; (C) "whatsoever other weapon" ("AOW") (a pen gun, for instance); (D) a auto gun; (East) a silencer (a/m/a "suppressor"); or (F) a subversive device (a grenade, for case).  As in all other states, in Pennsylvania all NFA Firearms must exist registered with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (which is withal commonly referred to as the "ATF").

A "Form 4" is the ATF form required to transfer and register an NFA Firearm.  Upon approval of a Grade iv, an owner is issued a "revenue enhancement stamp" (since the National Firearms Act is simply a chapter within the Internal Revenue Code), and only so may the bidder take possession of the NFA Firearm.

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

Permit 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, nearly all firearms (both NFA and non-NFA) are subject field to background checks. Registration, on the other hand, while required for the transfer of NFA Firearms, is non officially permitted in Pennsylvania.  May we be precise in our terminology, and zealous to go on these terms distinct, both in theory and in practice, remembering that background checks are intended to go on 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 associate in the law business 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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