What Year Do Guns Not Have To Be Registered

Do I Take To Register My Gun?

Firearms | September 2, 2020

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

In order to comprehensively accost the topic of firearms registration, I will make two distinctions. The first stardom is betwixt the categories of firearms: those which are subject to the National Firearms Deed ("NFA Firearms"), and those which are not ("non-NFA Firearms"). (I am fugitive other often-used terms, like "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 one hand, and undergoing an buying transfer groundwork check, on the other.

Categories of Firearms

Returning to the two types of firearms, "not-NFA Firearms" are the most usually endemic guns, and this category includes handguns (revolvers and semi-automatic pistols) and long guns (rifles and shotguns). But 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 downwardly 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 instance) are not immune to own guns.

Nonetheless, the law still requires the transferee (the recipient) of certain not-NFA Firearms to undergo a background check (as mentioned higher up, for the purpose of making sure a transferee is not a "Prohibited Person"). This is washed at a Federal Firearms Licensee ("FFL," i.e. a dealer) who runs a background bank check on the transferee through the NICS (the National Instant Criminal Background Check System) database, though hither in Pennsylvania we use the "PICS" (Pennsylvania Instant Check System). This is always accompanied by the completion of an ATF Form 4473, likewise every bit the Pennsylvania Country Police Application/Record of Sale form (SP 4-113) which is the course that lists the various factors prohibiting gun ownership.

(Caution: we have had many clients stumble into trouble past filling out one of these forms without a proper agreement of what they hateful – read the instructions on the back of the forms before completing them, because an wrong 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. Even so, PICS checks (and therefore ATF Form 4473s) are not required for long gun (i.e. rifles and shotguns) transfers in Pennsylvania (equally long every bit the barrels are not shortened). That means that a handgun which is owned in Pennsylvania only which was non properly transferred at an FFL (with a PICS bank check and ATF Form 4473) is an illegal handgun, and its possession volition discipline the owner to criminal penalties. (There are some exceptions to this, though, such as transfers betwixt a parent and an adult child.) A long gun, however, as indicated above, can be transferred in Pennsylvania without an FFL-completed PICS check and ATF Form 4473, and therefore you tin transfer ownership of a long gun in Pennsylvania with simply a hand milk shake. (It is, notwithstanding, strongly recommended that at to the lowest degree a Bill of Auction always exist completed for such transfers.)

What'south the Divergence Between Background Checks and Registrations?

Equally distinguished from a background cheque 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 footstep 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 so, that many states' background check procedures in fact constitute 'back door' registrations, since the terminal result is the aforementioned – the regime knows who has what guns. Pennsylvania is a good instance of this. Even though we have a statute on the books which specifically outlaws any firearm registration, a dealer-facilitated groundwork bank check must accompany all handgun transfers, the form that the transferee fills out is then kept by the dealer, and a re-create is sent to the Pennsylvania Land Constabulary.

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 here I describe non what the law is, but what it could be) it would be entirely reasonable for a dealer to conduct a background bank check on a transferee by simply calling the state police and getting a 'thumbs up' or 'thumbs downwards' on the transferee, without generating unnecessary paperwork for storage purposes. The land police could limit its tape-keeping to the fact that a background check 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's driver's license, which he would but be mandated to provide to law enforcement if a warrant was issued for its provision, in the example that a crime had been committed with the firearm in question.

Such a process would prevent a background cheque from becoming a 'back door' registration, only would as well accost legitimate constabulary enforcement needs. Since this is not the case at present, the only firearms owners in Pennsylvania who are currently not subject 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 whatever of the following: (A) a "short-barreled shotgun," the butt(s) of which measure(s) less than 18 inches, or the overall length of which is less than 26 inches; (B) a "curt-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 example); (D) a machine gun; (E) a silencer (a/k/a "suppressor"); or (F) a destructive device (a grenade, for instance). Every bit 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 commonly referred to every bit the "ATF").

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

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

Allow 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, about all firearms (both NFA and not-NFA) are subject to background checks. Registration, on the other paw, while required for the transfer of NFA Firearms, is not officially permitted in Pennsylvania. May we be precise in our terminology, and zealous to keep 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 somewhen keep them out of the hands of the skillful guys.

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