How To Register Your Hunting Gun In The State Of Ms

Practise I Have To Register My Gun?

Firearms | September two, 2020

I get this question a lot, and it'due south clear that in that location is some confusion out in that location near what it means to "register" a firearm. It is the purpose of this commodity to lend some clarity to the subject.

In social club to comprehensively address the topic of firearms registration, I will make 2 distinctions. The commencement stardom is between the categories of firearms: those which are subject to the National Firearms Human action ("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 3 Firearms" as they are inaccurate and misleading.) The second stardom I will make is between registering a firearm, on the one hand, and undergoing an ownership transfer groundwork check, on the other.

Categories of Firearms

Returning to the 2 types of firearms, "non-NFA Firearms" are the most ordinarily endemic guns, and this category includes handguns (revolvers and semi-automatic pistols) and long guns (rifles and shotguns). Only a scattering of states require registration of these types of guns. In fact, here in Pennsylvania nosotros take 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 backside background checks is to ensure that those who are "Prohibited Persons" (such as felons, for instance) are not immune to own guns.

Notwithstanding, the law still requires the transferee (the recipient) of certain non-NFA Firearms to undergo a background check (equally mentioned above, for the purpose of making certain a transferee is not a "Prohibited Person"). This is washed at a Federal Firearms Licensee ("FFL," i.due east. a dealer) who runs a groundwork bank check on the transferee through the NICS (the National Instant Criminal Background Check Organisation) database, though here in Pennsylvania nosotros utilise the "PICS" (Pennsylvania Instant Check System). This is always accompanied by the completion of an ATF Course 4473, every bit well as the Pennsylvania State Police force Application/Tape of Sale class (SP 4-113) which is the form that lists the various factors prohibiting gun ownership.

(CAUTION: nosotros have had many clients stumble into problem past filling out ane of these forms without a proper understanding of what they mean – read the instructions on the back of the forms before completing them, because an incorrect answer can lead to criminal charges.)

All Pennsylvania handgun transfers must be subjected to a PICS bank check, with the completion of a Course 4473 by the transferee of the handgun. Yet, PICS checks (and therefore ATF Form 4473s) are not required for long gun (i.due east. rifles and shotguns) transfers in Pennsylvania (as long every bit the barrels are not shortened). That means that a handgun which is owned in Pennsylvania merely which was non properly transferred at an FFL (with a PICS check and ATF Form 4473) is an illegal handgun, and its possession will subject field the possessor to criminal penalties. (At that place are some exceptions to this, though, such equally transfers betwixt a parent and an developed kid.) A long gun, however, every bit indicated above, tin can be transferred in Pennsylvania without an FFL-completed PICS bank check and ATF Form 4473, and therefore you tin can transfer buying of a long gun in Pennsylvania with merely a hand shake. (It is, however, strongly recommended that at least a Bill of Sale always exist completed for such transfers.)

What's the Difference Betwixt Background Checks and Registrations?

As distinguished from a background check as described above, the registration of firearms is not permitted in Pennsylvania. In those other states requiring firearms registration, the procedure usually involves bringing the firearm to the local law station for the purpose of alerting the municipality of its presence in their jurisdiction. This is an additional step that some other states crave, and is typically washed almost immediately afterward the ownership transfer and NICS groundwork check. (Residents of other states should check their local laws on specific procedures.)

Information technology has been claimed, and rightly so, that many states' background check procedures in fact establish 'back door' registrations, since the final result is the same – the government knows who has what guns. Pennsylvania is a good example of this. Even though we accept a statute on the books which specifically outlaws whatsoever firearm registration, a dealer-facilitated groundwork check must back-trail all handgun transfers, the form that the transferee fills out is so kept by the dealer, and a copy is sent to the Pennsylvania State Police force.

However, 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 draw non what the constabulary is, but what it could be) information technology would be entirely reasonable for a dealer to conduct a background check on a transferee past simply calling the land constabulary and getting a 'thumbs up' or 'thumbs downwardly' 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 driver'due south license, which he would only be mandated to provide to law enforcement if a warrant was issued for its provision, in the instance that a crime had been committed with the firearm in question.

Such a procedure would prevent a background cheque from condign a 'dorsum door' registration, but would likewise address legitimate police enforcement needs. Since this is not the case at nowadays, the only firearms owners in Pennsylvania who are currently non subject to whatever kind of 'back door' registration are those who take 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 barrel(s) of which measure(southward) less than 18 inches, or the overall length of which is less than 26 inches; (B) a "short-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 motorcar gun; (E) a silencer (a/yard/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 Booze, Tobacco, Firearms and Explosives (which is still commonly referred to as the "ATF").

A "Grade 4" is the ATF form required to transfer and register an NFA Firearm. Upon approval of a Form four, an owner is issued a "revenue enhancement postage" (since the National Firearms Human activity is simply a chapter within the Internal Acquirement Code), and only then may the bidder 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 in a higher place-listed NFA Firearms, provided they are properly registered with the ATF.

Allow u.s. continue in listen, so, that the PICS background check (in theory at to the lowest degree) simply ensures that a transferee is not a Prohibited Person, and, with some exceptions, about all firearms (both NFA and non-NFA) are subject to background checks. Registration, on the other hand, while required for the transfer of NFA Firearms, is non officially permitted in Pennsylvania. May nosotros exist precise in our terminology, and zealous to go along 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 good guys.

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