How To Register An Aow Shotgun

Do I Have To Annals My Gun?

Firearms | September ii, 2020

I become this question a lot, and it's clear that there is some confusion out at that place about what information technology means to "annals" a firearm. Information technology is the purpose of this commodity to lend some clarity to the subject.

In society 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 bailiwick to the National Firearms Human activity ("NFA Firearms"), and those which are not ("non-NFA Firearms"). (I am avoiding other ofttimes-used terms, similar "Title I Firearms," "Title Two Firearms," or "Course III Firearms" as they are inaccurate and misleading.) The second distinction I will make is between registering a firearm, on the one hand, and undergoing an ownership transfer background cheque, on the other.

Categories of Firearms

Returning to the two types of firearms, "non-NFA Firearms" are the most usually endemic guns, and this category includes handguns (revolvers and semi-automatic pistols) and long guns (rifles and shotguns). Only a handful of states require registration of these types of guns. In fact, here in Pennsylvania nosotros accept laws that affirmatively prohibit registration of firearms. The premise of such a prohibition is that firearm registration is a step downwardly a slippery slope, 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 non immune to own guns.

Nevertheless, the law still requires the transferee (the recipient) of sure non-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.eastward. a dealer) who runs a groundwork check on the transferee through the NICS (the National Instant Criminal Background Check Arrangement) database, though here in Pennsylvania we utilize the "PICS" (Pennsylvania Instant Check System). This is always accompanied by the completion of an ATF Form 4473, as well as the Pennsylvania State Police Application/Record of Auction form (SP 4-113) which is the grade that lists the various factors prohibiting gun ownership.

(Circumspection: we take had many clients stumble into trouble past filling out one of these forms without a proper understanding of what they mean – read the instructions on the back of the forms earlier completing them, because an wrong respond can pb to criminal charges.)

All Pennsylvania handgun transfers must exist subjected to a PICS check, with the completion of a Form 4473 by the transferee of the handgun. Nonetheless, PICS checks (and therefore ATF Form 4473s) are not required for long gun (i.e. rifles and shotguns) transfers in Pennsylvania (as long as the barrels are not shortened). That ways that a handgun which is endemic in Pennsylvania but which was not properly transferred at an FFL (with a PICS bank check and ATF Form 4473) is an illegal handgun, and its possession will subject the possessor to criminal penalties. (There are some exceptions to this, though, such every bit transfers between a parent and an adult kid.) A long gun, even so, equally indicated to a higher place, tin exist 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 just a manus milkshake. (It is, all the same, strongly recommended that at least a Bill of Sale e'er be completed for such transfers.)

What's the Difference Betwixt Background Checks and Registrations?

As distinguished from a background check as described to a higher place, 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 station for the purpose of alerting the municipality of its presence in their jurisdiction. This is an boosted step that some other states crave, and is typically done almost immediately later on the ownership transfer and NICS groundwork check. (Residents of other states should bank check their local laws on specific procedures.)

It has been claimed, and rightly so, that many states' background check procedures in fact found 'back door' registrations, since the terminal result is the same – the government knows who has what guns. Pennsylvania is a good example of this. Fifty-fifty though we have a statute on the books which specifically outlaws whatsoever firearm registration, a dealer-facilitated background bank check must accompany 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.

Yet, the storage of firearm purchaser information, while currently an unfortunate characteristic of our firearms transfer procedure, is not a necessary feature of a groundwork check per se. In other words (and here I draw non what the law is, simply what information technology could be) it would be entirely reasonable for a dealer to comport a background check on a transferee by simply calling the land police and getting a 'thumbs upward' or 'thumbs downwards' on the transferee, without generating unnecessary paperwork for storage purposes. The state police could limit its record-keeping to the fact that a background check was done on a specific firearm at a specific dealer, without whatsoever reference to the identity of the transferee. Only the dealer would maintain a photocopy of the transferee'southward commuter's license, which he would just be mandated to provide to law enforcement if a warrant was issued for its provision, in the instance that a criminal offence had been committed with the firearm in question.

Such a process would forbid a background check from becoming a 'back door' registration, but would as well address legitimate constabulary enforcement needs. Since this is non the case at nowadays, the merely firearms owners in Pennsylvania who are currently non field of study to whatever kind of 'back door' registration are those who have purchased their long guns privately.

Registering an NFA Firearm

Returning to the constabulary every bit information technology is, the other category of firearms is "NFA Firearms," which term is defined as including whatever of the post-obit: (A) a "short-barreled shotgun," the barrel(s) of which measure(due south) less than xviii inches, or the overall length of which is less than 26 inches; (B) a "brusk-barreled burglarize," the barrel 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 example); (D) a machine gun; (E) 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 notwithstanding normally referred to as the "ATF").

A "Form 4" is the ATF form required to transfer and annals an NFA Firearm. Upon approval of a Form 4, an owner is issued a "tax stamp" (since the National Firearms Deed is but a chapter within the Internal Revenue Lawmaking), and merely then may the applicant take possession of the NFA Firearm.

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

Let the states go on in mind, and so, that the PICS background cheque (in theory at least) simply ensures that a transferee is non a Prohibited Person, and, with some exceptions, nearly all firearms (both NFA and non-NFA) are subject area to background checks. Registration, on the other hand, while required for the transfer of NFA Firearms, is not officially permitted in Pennsylvania. May we exist precise in our terminology, and zealous to keep these terms distinct, both in theory and in practise, remembering that background checks are intended to proceed guns out of the easily of the bad guys, whereas registration may eventually continue them out of the hands of the good guys.

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