How To Register My Gun

Do I Accept To Annals My Gun?

Firearms | September 2, 2020

I get this question a lot, and information technology's clear that in that location is some defoliation out in that location near what it ways 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 volition make two distinctions. The first distinction is between the categories of firearms: those which are subject to the National Firearms Human activity ("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 "Class III Firearms" every bit they are inaccurate and misleading.) The second distinction I will make is betwixt registering a firearm, on the one paw, and undergoing an buying transfer background check, on the other.

Categories of Firearms

Returning to the 2 types of firearms, "non-NFA Firearms" are the most ordinarily owned guns, and this category includes handguns (revolvers and semi-automatic pistols) and long guns (rifles and shotguns). Just a handful of states require registration of these types of guns. In fact, here in Pennsylvania we take laws that affirmatively prohibit registration of firearms. The premise of such a prohibition is that firearm registration is a step down a slippery slope, leading to eventual confiscation. Conversely, the motivation backside background checks is to ensure that those who are "Prohibited Persons" (such every bit felons, for example) are not immune to own guns.

Withal, the law still requires the transferee (the recipient) of certain non-NFA Firearms to undergo a groundwork check (every bit 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.e. a dealer) who runs a background cheque on the transferee through the NICS (the National Instant Criminal Background Bank check System) database, though here in Pennsylvania we use the "PICS" (Pennsylvania Instant Check System). This is e'er accompanied by the completion of an ATF Form 4473, as well equally the Pennsylvania State Police Application/Record of Sale form (SP 4-113) 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 agreement of what they mean – read the instructions on the back of the forms before completing them, considering an wrong answer can lead to criminal charges.)

All Pennsylvania handgun transfers must be subjected to a PICS cheque, 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.eastward. rifles and shotguns) transfers in Pennsylvania (equally long as the barrels are non shortened). That means that a handgun which is endemic in Pennsylvania just which was not properly transferred at an FFL (with a PICS cheque and ATF Form 4473) is an illegal handgun, and its possession volition 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, however, as indicated above, can be transferred in Pennsylvania without an FFL-completed PICS bank check and ATF Form 4473, and therefore you can transfer buying of a long gun in Pennsylvania with just a paw milk shake. (It is, still, strongly recommended that at least a Bill of Auction always be completed for such transfers.)

What's the Divergence Between Background Checks and Registrations?

Equally distinguished from a background check as described higher up, 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 force station for the purpose of alerting the municipality of its presence in their jurisdiction. This is an additional footstep that some other states require, and is typically washed nearly immediately later the ownership transfer and NICS groundwork bank check. (Residents of other states should check their local laws on specific procedures.)

Information technology has been claimed, and rightly so, that many states' groundwork check procedures in fact institute '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 any firearm registration, a dealer-facilitated background check must accompany all handgun transfers, the course that the transferee fills out is then kept by the dealer, and a copy is sent to the Pennsylvania Country Police.

Withal, the storage of firearm purchaser information, while currently an unfortunate feature of our firearms transfer process, is not a necessary characteristic of a background check per se. In other words (and here I describe non what the law is, but what it could be) it would be entirely reasonable for a dealer to comport 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 country police could limit its record-keeping to the fact that a background bank check 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'due south commuter's license, which he would simply be mandated to provide to police force 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 check from condign a 'dorsum door' registration, but would also address legitimate police force enforcement needs. Since this is not the case at present, the only firearms owners in Pennsylvania who are currently not subject to any kind of 'back door' registration are those who have purchased their long guns privately.

Registering an NFA Firearm

Returning to the law as information technology is, the other category of firearms is "NFA Firearms," which term is defined as including any of the post-obit: (A) a "brusk-barreled shotgun," the barrel(s) of which measure(south) less than 18 inches, or the overall length of which is less than 26 inches; (B) a "short-barreled burglarize," the barrel 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 example); (D) a machine gun; (East) a silencer (a/k/a "suppressor"); or (F) a destructive device (a grenade, for example). As in all other states, in Pennsylvania all NFA Firearms must be registered with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (which is still unremarkably referred to as the "ATF").

A "Class 4" is the ATF form required to transfer and annals an NFA Firearm. Upon approval of a Class iv, an owner is issued a "tax stamp" (since the National Firearms Human activity is simply a affiliate within the Internal Acquirement Code), and only and so may the applicant have possession of the NFA Firearm.

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

Let us proceed in mind, then, that the PICS groundwork bank 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 discipline 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 continue these terms distinct, 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 go on them out of the hands of the good guys.

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