How To Register A Gun That Was A Gift In Pennsylvania

Our criminal defense police force house is based in Philadelphia, but we represent clients all over Pennsylvania, including Montgomery, Bucks, Delaware, and Chester counties. Unlike New Jersey, where nosotros also stand for accused persons, the Commonwealth of Pennsylvania is a "shall consequence" land equally opposed to a "may issue" country.  This means that while there are restrictions with regards to the conveying of firearms within the Republic, near individuals tin obtain one and conduct it outside their place of business or their habitation if they satisfy certain requirements (license to carry).  For more information on gun charges in PA, check out my gratuitous volume!

A person who wants to sell or purchase a firearm needs to understand that ignorance of the law is never a defense and whatever illegal transaction involving a gun or firearm in the Commonwealth could result in a misdemeanor or even a felony conviction under Department 6111 of Pennsylvania'due south Uniform Firearm'due south Act. In Pennsylvania there is a specific style and time in which a gun or firearm tin can be legally sold or transferred.

Fourth dimension and Manner of the Firearm Transfer

In the Commonwealth a firearm or gun seller tin can't evangelize or transfer a firearm to a purchaser until 48 hours have elapsed from the time of the application for the buy. Farther, when the seller transfers or delivers the weapon, it must be deeply wrapped and unloaded. In addition to these requirements, Pennsylvania recognizes that only a licensed firearm or gun importer, manufacturer, or dealer tin can sell or transfer a firearm to another person until the post-obit is satisfied:

• An application/tape of sale from the potential buyer or transferee is filled out and the original is sent to the Pennsylvania State Police, a 2^nd copy is retained by the licensed importer, manufacturer, or dealer, and i copy is provided to the purchaser. This awarding should include the name, accost, date of birth, gender, race, clarification, and social security number of the purchaser, as well as the date of the application and a description of the firearm. In improver, this awarding should comprise the post-obit question:

• "Are you the actual buyer of the firearm as defined nether xviii Pa.C.South. 6102? Warning: you lot are not the actual buyer if you lot are acquiring the firearm on behalf of another person, unless you are legitimately acquiring the firearm as a gift for any of the following individuals who are legally eligible to own a firearm:

1. Spouse
2. Parent
3. Child
4. Grandparent
5. Grandchild

Criminal Background Check Required

In improver to the application, the Pennsylvania State Police force, upon receipt of the application data, volition complete a background check. The Land Law should destroy the information within 72 hours of the background check unless it is discovered that the private is prohibited from possessing a firearm pursuant to Section 6105, due to some disqualifying criminal history, juvenile malversation, or mental health effect.

Non-Licensed Gun or Firearm Dealers

Y'all do not need to be a licensed dealer, manufacturer, or importer to sell or transfer a gun or firearm within the Commonwealth but all people must follow the to a higher place stated procedures to consummate a transaction regardless of their license status.  If you lot are an unlicensed dealer, the law limits where you tin actually complete the transfer (sheriff office, dealer shop or dealer place of business concern) The only individuals who practise non demand to follow these procedures are persons who transfer guns or firearms between spouses or from a parent to a child, or grandparent to a grandchild.

Criminal Penalties

Any person or licensed dealer who knowingly or intentionally sells, delivers, or transfers a firearm in violation of Department 6111 commits a misdemeanor of the 2^nd degree but commits a felony of the iii^rd degree if the purchaser or transferee is otherwise prohibited from possessing the firearm.

Other Penalties – Faux Statements on Application

A person too commits a felony of the 3^rd degree nether Section 6111 if, as a purchaser or transferee, makes any materially simulated oral or written argument or otherwise provides false information.

For more information on crimes involving the illegal possession or carrying of firearms in the Commonwealth of Pennsylvania, I encourage you lot to read my book What Anybody Should Know About Guns, Drugs, and Defense Lawyers in Pennsylvania which is available on our website as a free download.

How To Register A Gun That Was A Gift In Pennsylvania,

Source: https://gambonelaw.com/what-makes-the-sale-of-a-gun-illegal-in-pennsylvania/

Posted by: martonehatied.blogspot.com

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