Transferring Gun Ownership in Pennsylvania: A Comprehensive Guide

Navigating the laws surrounding gun ownership can be complex, and understanding the proper procedures for transferring firearms is crucial for both sellers and buyers in Pennsylvania. This comprehensive guide provides detailed steps and instructions on how to legally transfer a handgun, rifle, or shotgun within the state, ensuring compliance with both federal and Pennsylvania laws. Remember, this information is for general guidance only and should not be considered legal advice. Always consult with a qualified attorney or the Pennsylvania State Police for specific questions related to your situation.

Understanding the Basics of Pennsylvania Gun Laws

Before diving into the specifics of firearm transfers, it’s important to grasp some fundamental aspects of Pennsylvania’s gun laws. Pennsylvania is an open carry state with a few exceptions, requiring a License to Carry Firearms (LTCF) for concealed carry in most public places, including inside a vehicle. However, even with an LTCF, there are restrictions on where you can legally possess a firearm. When it comes to sales and transfers, the key distinction revolves around whether the transfer is between licensed dealers or private citizens.

Key Definitions:

• Licensed Firearm Dealer (FFL): These are businesses or individuals who hold a Federal Firearms License (FFL) and are authorized to buy, sell, and transfer firearms.
• Private Transfer: A sale or transfer of a firearm between two private individuals who are not licensed dealers.
• Handgun: A firearm designed to be held and fired with one hand.
• Long Gun: A rifle or shotgun (designed to be fired from the shoulder).
• Pennsylvania Instant Check System (PICS): The Pennsylvania State Police’s background check system for firearm purchases.

The General Rule: Licensed Dealers Are Involved

The cornerstone of Pennsylvania’s firearm transfer laws is the requirement that any sale or transfer of a handgun must go through a licensed firearms dealer. This applies even between two private individuals. However, there are some exceptions when it comes to the transfer of long guns (rifles and shotguns) which will be explained in detail later. To reiterate, generally, any sale or transfer of a handgun needs to go through a licensed dealer and a background check, regardless of who is involved.

Handgun Transfers: Step-by-Step Guide

The transfer of handguns in Pennsylvania requires a few more steps compared to long guns. Here’s a detailed breakdown of the process:

1. Seller and Buyer Agree on Terms: The first step is for the seller and buyer to agree on the sale price and the terms of the transfer. This is best done in person to inspect the firearm. Make sure you’re comfortable before moving to the next steps.
2. Visit a Licensed Firearms Dealer (FFL): Once an agreement is made, both the seller and buyer must visit a licensed FFL dealer. You can find a list of licensed dealers on the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) website, or local directories. Make sure the dealer is willing to facilitate the transfer since they are running a business, they may charge a transfer fee for their services.
3. Seller Fills Out Paperwork: The seller will be required to fill out paperwork documenting the firearm details and the transfer of ownership with the FFL dealer. This paperwork is crucial to maintain a legal record of the transfer.
4. Buyer Completes Form 4473: The buyer will then fill out Federal Form 4473, which is the Firearms Transaction Record. This form collects information on the buyer and the intended purchase.
5. Buyer Submits to Pennsylvania Instant Check System (PICS): The FFL dealer will then use the information on the Form 4473 to run a background check on the buyer through the Pennsylvania Instant Check System (PICS). This check will flag any issues that prevent the buyer from legally owning a firearm.
6. Background Check Clearance: If the buyer’s background check comes back clean (the most common outcome), the FFL dealer will be given an authorization number from the state. If there is a delay or denial, the dealer will provide instructions and may require additional information from the buyer. It’s important to note that if the background check is denied, the transfer cannot occur, and the buyer must address the issues. The firearm remains the property of the seller.
7. Transfer of Firearm: Once the PICS check is approved, the firearm can then be legally transferred to the buyer through the FFL dealer. The dealer will keep detailed records of the transaction and the buyer can take possession of the handgun. Some FFL dealers will provide a receipt as proof of sale.
8. Payment: The buyer makes any payment agreed with the seller and pays the FFL dealer their transfer fee. This is typically done before the buyer takes possession of the firearm, at the discretion of the FFL and the buyer/seller agreement.

Long Gun Transfers: Private Sales and Exceptions

The transfer of long guns (rifles and shotguns) in Pennsylvania is generally less restrictive than handgun transfers, especially when it comes to private sales between individuals. Here’s a breakdown of the process:

Private Sales of Long Guns:

For the most part, you can transfer a long gun without going through a licensed dealer, and there is no state-level requirement for a background check between private citizens. However, this comes with important caveats, and sellers have legal obligations. Here’s how to legally transfer a long gun privately:

1. Seller & Buyer must legally qualify to possess a firearm: Both the buyer and seller must be legally eligible to own a firearm under Pennsylvania and Federal law. This means that neither party can be prohibited by state or federal law from owning a firearm due to a felony conviction, restraining order, mental health condition, drug addiction, among other prohibitions. It is the responsibility of the seller to ensure the buyer is legally allowed to possess a firearm and understand the consequences of knowingly selling a firearm to a prohibited person.
2. Maintain a Bill of Sale: Although not legally required, it is highly recommended the parties complete and maintain a bill of sale, including details about the buyer and seller, the make, model and serial number of the firearm, the date of the transfer, and a certification by the buyer they are eligible to own a firearm. This will help protect all parties in the event that the firearm is later used in a crime.
3. The sale is legal: It is against the law for a seller to intentionally sell a firearm to a prohibited person, and the seller may face legal prosecution for doing so, even if the firearm is transferred privately without a background check. When in doubt, it’s always best to transfer through a licensed dealer.

Exceptions to the Private Sale Rule:

There are circumstances where the transfer of a long gun will require a background check and the involvement of an FFL dealer. These exceptions include (but are not limited to):

• Out-of-State Transfers: If either the buyer or the seller resides out of Pennsylvania, the transfer of any firearm, including long guns, must go through an FFL dealer in the buyer’s state.
• Estate Settlements: Firearms transferred as part of an estate settlement may require an FFL depending on the circumstances. Consult an attorney for details.
• Uncertainty of the Buyer’s Status: If the seller has any doubts about the buyer’s legal ability to possess a firearm, going through a FFL is strongly recommended to comply with the law.
• Any time a background check is desired: Even if not legally required, either party can choose to have a transfer go through an FFL to obtain a PICS background check. This is the safest way to ensure that all legal requirements are met and both parties are fully protected.

Important Considerations for All Firearm Transfers

Regardless of the type of firearm or the method of transfer, there are several important points to keep in mind:

• Legality: It is illegal to possess a firearm in Pennsylvania if you are a convicted felon, a person subject to a protection from abuse (PFA) order, or if you have a disqualifying mental health condition, among other prohibitions.
• Documentation: Keep thorough records of all firearm transfers, including bills of sale and PICS background check forms, and transfer receipts, especially in private sales.
• Safety: Always practice safe gun handling, and store firearms securely. It’s crucial to educate yourself on the rules of firearm safety and secure storage practices, especially when transferring firearms.
• Local Laws: Some municipalities in Pennsylvania may have additional regulations on firearm possession. Consult your local jurisdiction’s laws in addition to the state and federal statutes.
• Federal Law: Pennsylvania laws must be read and interpreted in conjunction with Federal firearms statutes.
• Straw Purchases: It is illegal to purchase a firearm for another person who is not legally allowed to own a firearm. The purchaser must be the actual owner of the firearm.
• Consult Legal Counsel: If you are unsure of the legality of any aspect of a firearm transfer, contact a qualified attorney.
• Transfer Fees: FFL dealers will charge a fee for transfer services. Be sure to confirm the dealer’s fees beforehand, they vary across dealers.

Penalties for Illegal Transfers

Violations of Pennsylvania’s firearm transfer laws can result in serious penalties, including hefty fines, criminal charges, and jail time. Here are examples of some consequences of illegal transfers:

• Selling a Firearm to a Prohibited Person: This is a serious offense, leading to substantial penalties. Sellers have the responsibility to verify that buyers are eligible to own firearms, especially in private transfers.
• Failure to Use an FFL for Handgun Transfers: Handgun transfers that do not go through a licensed FFL dealer are illegal, and both buyer and seller may be prosecuted.
• Straw Purchases: Purchasing a firearm for someone else who is prohibited from owning one is a federal felony, which carries serious consequences.
• Transferring a Firearm in Violation of a Court Order: It is unlawful to transfer a firearm if you are under a protection from abuse order, or other court order prohibiting firearms ownership.

Conclusion

Transferring gun ownership in Pennsylvania requires careful attention to detail and adherence to state and federal laws. While the rules surrounding long gun transfers are more relaxed in private sales (provided the law is followed), always double check legal requirements to ensure compliance, and if you’re ever in doubt, go through an FFL. Understanding the necessary steps to legally transfer a firearm will help protect all parties involved from unintended legal consequences. Remember, this guide is not a substitute for legal advice, and it’s imperative to stay up-to-date with any changes in firearm legislation. Consulting with a qualified legal professional can help ensure that you conduct all firearm transactions legally and responsibly.

By following this comprehensive guide, both sellers and buyers can navigate the firearm transfer process with confidence and legality. It is your responsibility to understand and comply with all state and federal laws relating to firearms, including ownership, storage, use and transfer of weapons.