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Post by Brad on Dec 11, 2007 15:20:47 GMT -5
my friend and I were thinking of trading shotguns with each other. Do we need to re register them or anything? I know you do with handguns but don't know about shotguns. Thanks
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Post by Gsseagle on Dec 11, 2007 22:09:10 GMT -5
Brad: No transfer is required by law. You may legally sell a long gun (rifle, shotgun) to an individual without "registering" it (in Penna). If one party is from out of state then he would have to check his state and local law requirements in his state. Penna does not "register" long guns for sale, public or private. When purchasing a long gun from a dealer, we are required to do a background check on the individual only. The state does not keep a record or get notified of what you are buying. As far as a sale by a dealer ,we must keep record of any gun sold by us, in a bound book , and you must fill out a federal form 4473 as required by BATF. This form is kept by us forever and is used mainly as a procecution tool, in the event the individual, falsifies the information. Again they are not notified of any purchase by the indiviual.
Hand guns are a little different. They must be transfered thru a dealer when selling between two individuals. Failure to do so can be procecuted as a felony. According to federal law, states must collect information on individuals and the handgun they buy, thru an application for sale. Of course a background check on the individual is also required. The Federal law says that the state must destroy these records after, I believe, 30 or 60 days. However Pa and some other states do not adhere to this provision of the law, and continue to enter these guns in a data base. This action by the state has been challenged by the courts, but to no avail. The state refuses to destroy these records, therefore your handguns are "registered" by the state.
One other note of interest, there is no waiting period before buying your gun. With the advent of the instant check system, a thorough background check is done, which looks at an individuals record, which includes juvenile, military, mental, state NCIC, and federal FBI records. If any information comes up on one of these files, it is reviewed before the sale is ok'd. This can take up to 15 days. I have to say this system works very well in keeping guns out of the hands of people who should not own them.
One more foot note on long gun transfers between individuals. We recommend that the seller make a written reciept between the buyer and seller, about the sale. You should state the buyer and sellers name and addresses and the make, model, description and serial number for the gun being sold. Also both should sign the receipt. This should be retained by the seller and will help to show proof of sale in case the gun is stolen or used in a crime in the future.
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Post by Brad on Dec 12, 2007 8:32:49 GMT -5
thank you
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Post by bigcountry on Dec 12, 2007 13:59:14 GMT -5
i have a handgun my dad gave to me a few years ago, probably made in the 80's or so, atleast thats when he bought it, do i need to transfer it to my name, essentially what im asking is will i get in trouble for having it even though i have a concealed carry permit and he gave it to me
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Post by Hawgcatcher on Dec 12, 2007 15:06:44 GMT -5
Since your on the subject Kenny I got couple questions. I inherited a couple of handguns a few years ago what do I need to do , bring them in and have you register them or transfer them to my name? Will there be much of a problem since original owner is no longer with us. Also only permit I've ever used is the one that permits me to carry a handgun while hunting and fishing.
Is there another permit besides the concealed weapon permit that allows you to carry a handgun not concealed or does that fall into same permit as concealed. Or since i've never seen anyone walking the street with gun hanging from their side does it have to be concealed?
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Post by bigcountry on Dec 12, 2007 15:57:53 GMT -5
no, it has to be concealed, they can actually take your permit from you if you are caught carrying your pistol unconcealed, the only people that can carry weapons exposed like that are law enforcement and some security. You can carry it exposed however with the sportsmans permit, but only while in the field, hunting, fishing, trapping, training dogs.
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Post by Hawgcatcher on Dec 12, 2007 16:46:49 GMT -5
Yea thats what I kind of thought.Tho I never understood why allways thought the law was backwards gun should be exposed.
Oh well guess if you want to walk around with a gun exposed it has to be a shotgun or rifle . Are no laws about that are there?
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Post by Brad on Dec 12, 2007 17:22:41 GMT -5
Are you sure about that big country? I carried my shotgun from my car down the street to my apartment one time in coatesville with no gun case and the cops stopped me. They took me to the station and tried for an hour to figure out what to charge me with but only came up with disorderly conduct and I beat that in court.
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Post by Brad on Dec 12, 2007 17:25:06 GMT -5
here we go: open carry is legal in Pennsylvania without a License To Carry Firearms except in "cities of the first class" (Philadelphia) and vehicles where a License To Carry Firearms is required to do so.
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Post by bigcountry on Dec 12, 2007 17:56:46 GMT -5
you might be right, i dunno about the shotgun on the street incident, i do it all the time in phoenixville and nobody complains or says anything, I dont know i did a little research on the internet seems it is legal to open carry, im a quite confused, the sheriff said nope you have to conceal it or we can take the permit, so i dunno, but whats the point of carrying a firearm so everyone can see it, i think its just asking for trouble, but it is legal w/o a permit, so i dont know why the cops screwed with you. good luck figure this one out guys
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Post by Hawgcatcher on Dec 12, 2007 19:01:26 GMT -5
Lets just say if you were looking to rob,rape, or car jack some one you might think twice if you know they have a gun. And yes Brad that is confusing if it is legal to carry out in the open without permit whats the sense in me paying for a permit to carry it when i'm fishing.
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Post by Gsseagle on Dec 12, 2007 21:30:55 GMT -5
Big Country: You are perfectly legal owning a firearm that was given to you from your father. The law allows an immediate family member to give a firearm, handgun included, to another, with out transfering it thru a dealer.
Hawgcatcher: If handguns came from someone other than immediate family, such as an aunt, uncle, brother inlaw, etc. They should be transfered thru a dealer. Problem is, the transfer form does require name address and signature from the seller. For a while we were getting away with just listing the seller as deceased, if that was the case. However the last couple I did , were rejected as they wanted the executor of the estate to sign for them. Sent you a PM as well.
As far as carrying a weapon,we were always told that a handgun could only be carried loaded with a concealed weapons permit and must not be exposed. The only exception to that would be the sportsmens permit which allows you to carry a loaded gun when fishing or hunting , with your licence, in the field. You can take your gun to and from a range, hunting area, etc. , unloaded in a case, with the ammo kept separate from the gun. . Carrying your gun in the car, in a case, with ammo in the case is a no no unless you have a conceiled wepons permit. In todays world its never a good idea to carry any gun with out a case. To many people panic at the sight of a firearm with a person thats not a cop.
As a side note black powder rifles and handguns are exempt from all federal laws. Technically you can carry a blackpowder pistol
on your hip, in a holster exposed and be completely legal. But you will probably need a good lawyer to prove it to the cops !
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