A Comprehensive Guide to Buying Firearms in Pennsylvania

Buying a firearm in Pennsylvania involves several legal requirements and procedures. This guide provides a detailed overview of the steps involved, the necessary paperwork, and important considerations to ensure you comply with all applicable laws. Whether you are a first-time buyer or an experienced gun owner, understanding these regulations is crucial.

Who Can Legally Purchase a Firearm in Pennsylvania?

Before diving into the process, it’s essential to understand the eligibility requirements. Pennsylvania law outlines specific criteria that individuals must meet to legally purchase and own firearms.

* **Age Restrictions:**
* You must be at least 21 years old to purchase a handgun.
* You must be at least 18 years old to purchase a long gun (rifle or shotgun).
* **Background Checks:** All firearm purchases from licensed dealers require a background check through the Pennsylvania Instant Check System (PICS).
* **Prohibited Persons:** Certain individuals are prohibited from owning firearms, including:
* Those convicted of certain felonies.
* Those convicted of domestic violence offenses.
* Those with active Protection From Abuse (PFA) orders against them.
* Those adjudicated as mentally incompetent.
* Those who are illegal aliens
* Fugitives from justice
* Those who have been dishonorably discharged from the armed forces
* **Residency:** You must be a resident of Pennsylvania to purchase a firearm in Pennsylvania. Generally, this means having a Pennsylvania driver’s license or state-issued ID and residing at a Pennsylvania address.

Types of Firearms and Their Regulations

Pennsylvania law distinguishes between handguns and long guns (rifles and shotguns), with different regulations applying to each.

* **Handguns:** These are defined as firearms designed to be held and fired with one hand. Purchasing a handgun involves more stringent requirements than purchasing a long gun.
* **Long Guns (Rifles and Shotguns):** These are firearms designed to be fired from the shoulder. The purchase process is generally simpler than that for handguns, but background checks are still required when purchasing from a licensed dealer.
* **NFA Items:** Certain firearms and accessories are regulated under the National Firearms Act (NFA), including machine guns, short-barreled rifles, suppressors, and destructive devices. Purchasing these items requires federal approval, a lengthy application process, and payment of a transfer tax.

Step-by-Step Guide to Buying a Firearm in Pennsylvania

Here’s a detailed guide to the firearm purchase process in Pennsylvania:

1. Determine Your Eligibility

Before attempting to purchase a firearm, ensure that you meet all the eligibility requirements outlined above. If you have any doubts about your eligibility, consult with an attorney.

2. Find a Licensed Dealer

* **Licensed Firearm Dealers (FFLs):** All retail firearm sales must be conducted through a licensed firearm dealer. You can find a list of FFLs in your area by searching online or contacting the Pennsylvania State Police.
* **Private Sales:** While private sales between Pennsylvania residents are permitted for long guns, they are *not* permitted for handguns. All handgun sales must go through a FFL. Private sales of long guns do not require a background check. However, it is the seller’s responsibility to ensure the buyer is not prohibited from owning a firearm. It is highly recommended, and often best practice, to conduct all firearm sales through a FFL.

3. Visit the Dealer and Select a Firearm

* **Choosing a Firearm:** Research different types of firearms and select one that suits your needs and intended use. Consider factors such as caliber, size, weight, and ergonomics.
* **Handling Firearms:** Handle the firearm carefully and follow the dealer’s instructions. Always treat every firearm as if it is loaded and never point it at anything you do not intend to shoot.
* **Ask Questions:** Don’t hesitate to ask the dealer questions about the firearm’s features, operation, and maintenance.

4. Complete the Required Paperwork (SP4-113 and PICS)

* **Firearms Transaction Record (SP4-113):** You will need to complete ATF form 4473 (Firearms Transaction Record Part 1 and Part 2).
* Part 1 asks for information about the firearm being transferred, date of transfer, and the FFL’s information.
* Part 2 asks for information about the buyer. This includes: Name, Address, Date of Birth, Place of Birth, Height, Weight, Eye Color, Hair Color, Ethnicity, Social Security Number (Optional), Alien Number (If Applicable), Country of Citizenship. Part 2 also includes a list of questions about whether the buyer is prohibited from owning a firearm. You must truthfully answer these questions. Lying on this form is a federal crime.
* **Pennsylvania Instant Check System (PICS):** The dealer will initiate a background check through PICS. This involves submitting your information to the Pennsylvania State Police, who will check your record against various databases to ensure you are not prohibited from owning a firearm.
* **Providing Identification:** You will need to provide a valid government-issued photo ID, such as a Pennsylvania driver’s license or state-issued ID, with your current address. If your ID does not have your current address, you may need to provide additional documentation, such as a utility bill or lease agreement.

5. Await Background Check Approval

* **PICS Approval:** The PICS check typically takes a few minutes, but it can sometimes take longer if there are delays or complications.
* **Denied Transactions:** If your background check is denied, you will not be able to purchase the firearm. You have the right to appeal a denied transaction.
* **Delayed Transactions:** If your background check is delayed, the dealer may be required to hold the firearm for a certain period. If the background check is not resolved within that period, the dealer may, at their discretion, transfer the firearm to you.

6. Complete the Sale and Take Possession

* **Payment:** Once your background check is approved, you can complete the sale by paying for the firearm and any applicable taxes and fees.
* **Firearm Safety:** Before taking possession of the firearm, ensure you understand how to safely handle, load, unload, and store it. The dealer should provide you with safety information and may offer training courses.
* **Transportation:** Transport the firearm unloaded and in a secure container to your home or another safe location. Keep the firearm separate from ammunition during transport.

7. Handgun Purchases and the Uniform Firearms Act

* **Application to Purchase (SP4-127):** For handgun purchases, you are *not* required to fill out an application to purchase with the Sheriff’s office if you have a valid Pennsylvania License to Carry Firearms. If you do *not* have a valid Pennsylvania License to Carry Firearms, then you must complete an Application to Purchase a Firearm with your local Sheriff’s office. This process involves submitting an application and undergoing an additional background check.
* **Waiting Period:** There is no mandatory waiting period in Pennsylvania beyond the time it takes to complete the PICS background check and any additional background checks required by the county sheriff’s office when filling out form SP4-127, Application to Purchase a Firearm.

Pennsylvania License to Carry Firearms

A Pennsylvania License to Carry Firearms allows you to carry a concealed firearm and exempts you from some of the requirements for purchasing handguns. Here’s what you need to know:

Eligibility Requirements

To obtain a License to Carry Firearms, you must:

* Be at least 21 years old.
* Be a resident of Pennsylvania.
* Not be prohibited from owning a firearm under state or federal law.

Application Process

* **Application Form:** Obtain an application form from your county sheriff’s office.
* **Background Check:** Undergo a background check by the sheriff’s office.
* **Fee:** Pay the required application fee.
* **Interview:** You may be required to attend an interview with the sheriff’s office.

Benefits of Having a License to Carry

* **Concealed Carry:** Allows you to legally carry a concealed firearm.
* **Exemption from Purchase Requirements:** Exempts you from the application to purchase a handgun when buying from a licensed dealer.
* **Reciprocity:** Recognized in some other states, allowing you to carry a concealed firearm while traveling.

Important Considerations and Safety Tips

* **Firearm Safety Courses:** Consider taking a firearm safety course to learn about safe handling, storage, and shooting techniques. Many local gun ranges and organizations offer these courses.
* **Safe Storage:** Store firearms unloaded and in a secure location, such as a gun safe or lockbox. Keep ammunition separate from firearms. Keep the storage location inaccessible to children and unauthorized individuals.
* **Know the Law:** Familiarize yourself with all applicable federal, state, and local firearm laws. Ignorance of the law is not an excuse.
* **Responsible Ownership:** Practice responsible firearm ownership by handling firearms safely, storing them securely, and using them only for lawful purposes.
* **Mental Health:** Be aware of your mental health and seek help if you are experiencing depression, anxiety, or other mental health issues that could impair your judgment or decision-making.
* **Red Flag Laws:** Be aware of Pennsylvania’s “Red Flag” laws (Extreme Risk Protection Orders), which allow law enforcement or family members to petition a court to temporarily remove firearms from individuals who pose a risk to themselves or others.

Legal Resources and Information

* **Pennsylvania State Police:** The Pennsylvania State Police website provides information on firearm laws, regulations, and licensing.
* **National Rifle Association (NRA):** The NRA offers resources on firearm safety, training, and legislation.
* **Gun Owners of America (GOA):** GOA is an organization that advocates for gun rights and provides information on firearm laws.
* **Local Attorneys:** Consult with an attorney specializing in firearm law for legal advice and guidance.

Common Mistakes to Avoid

* **Providing False Information:** Never provide false information on any firearm purchase application or document. This is a felony offense.
* **Straw Purchases:** Never purchase a firearm for someone who is prohibited from owning one. This is a federal crime.
* **Improper Storage:** Failing to store firearms safely can lead to accidents, theft, and legal liability.
* **Ignoring Red Flags:** Ignoring red flags about someone’s mental health or potential for violence can have tragic consequences.

Conclusion

Buying a firearm in Pennsylvania requires careful attention to legal requirements, safety considerations, and responsible ownership. By following the steps outlined in this guide and staying informed about applicable laws, you can ensure a safe and legal firearm purchase. Remember to prioritize firearm safety and responsible ownership at all times.

**Disclaimer:** *This article is for informational purposes only and does not constitute legal advice. Consult with an attorney for advice on specific legal issues.*