Do I Need To Register My Mosin Nagant

Do I Have To Register My Gun?

Firearms  |  September 2, 2020

I get this question a lot, and it's articulate that there is some confusion out there nigh what it ways to "annals" a firearm.  Information technology is the purpose of this article to lend some clarity to the discipline.

In social club to comprehensively address the topic of firearms registration, I will make 2 distinctions.  The starting time stardom is between the categories of firearms: those which are subject to the National Firearms Act ("NFA Firearms"), and those which are not ("non-NFA Firearms").  (I am avoiding other often-used terms, like "Title I Firearms," "Title II Firearms," or "Class III Firearms" equally they are inaccurate and misleading.)  The second distinction I will brand is between registering a firearm, on the ane 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 well-nigh unremarkably owned guns, and this category includes handguns (revolvers and semi-automatic pistols) and long guns (rifles and shotguns).  Only a handful of states crave registration of these types of guns.  In fact, here in Pennsylvania nosotros have laws that affirmatively prohibit registration of firearms.  The premise of such a prohibition is that firearm registration is a stride down 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 allowed to own guns.

However, the law notwithstanding requires the transferee (the recipient) of certain not-NFA Firearms to undergo a groundwork check (every bit 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 background bank check on the transferee through the NICS (the National Instant Criminal Background Check System) database, though here in Pennsylvania we utilise the "PICS" (Pennsylvania Instant Check System).  This is always accompanied by the completion of an ATF Form 4473, likewise as the Pennsylvania Land Police Application/Record of Sale grade (SP 4-113) which is the grade that lists the various factors prohibiting gun ownership.

(CAUTION: nosotros take had many clients stumble into trouble past filling out i of these forms without a proper understanding of what they mean – read the instructions on the back of the forms earlier completing them, considering an incorrect reply can lead to criminal charges.)

All Pennsylvania handgun transfers must be subjected to a PICS check, with the completion of a Class 4473 by the transferee of the handgun.  Notwithstanding, PICS checks (and therefore ATF Form 4473s) are non required for long gun (i.e. rifles and shotguns) transfers in Pennsylvania (as long as the barrels are not shortened).  That means that a handgun which is owned in Pennsylvania but which was not properly transferred at an FFL (with a PICS check and ATF Grade 4473) is an illegal handgun, and its possession volition subject the owner to criminal penalties.  (There are some exceptions to this, though, such as transfers between a parent and an adult child.)  A long gun, nonetheless, as indicated above, can be transferred in Pennsylvania without an FFL-completed PICS check and ATF Course 4473, and therefore you can transfer ownership of a long gun in Pennsylvania with but a hand milkshake.  (It is, however, strongly recommended that at least a Bill of Sale ever be completed for such transfers.)

What's the Difference Betwixt Background Checks and Registrations?

Equally distinguished from a groundwork bank check equally described above, 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 require, and is typically washed nearly immediately after the ownership transfer and NICS background check.  (Residents of other states should check their local laws on specific procedures.)

It has been claimed, and rightly so, that many states' background check procedures in fact constitute 'back door' registrations, since the last 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 groundwork check must accompany all handgun transfers, the form that the transferee fills out is and then kept past the dealer, and a copy is sent to the Pennsylvania State Constabulary.

All the same, the storage of firearm purchaser information, while currently an unfortunate feature of our firearms transfer procedure, is non a necessary feature of a background check per se.  In other words (and here I describe non what the constabulary is, but what it could be) it would exist entirely reasonable for a dealer to conduct a background check on a transferee by simply calling the state law and getting a 'thumbs up' or 'thumbs down' on the transferee, without generating unnecessary paperwork for storage purposes.  The land police force could limit its tape-keeping to the fact that a background bank check was washed on a specific firearm at a specific dealer, without whatsoever reference to the identity of the transferee.  Simply the dealer would maintain a photocopy of the transferee'south driver's license, which he would but be mandated to provide to law enforcement if a warrant was issued for its provision, in the case that a offense had been committed with the firearm in question.

Such a process would prevent a background check from becoming a 'back door' registration, but would besides address legitimate police force enforcement needs.  Since this is non the case at nowadays, the just firearms owners in Pennsylvania who are currently non subject area to any kind of 'back door' registration are those who accept purchased their long guns privately.

Registering an NFA Firearm

Returning to the law as information technology is, the other category of firearms is "NFA Firearms," which term is divers as including any of the post-obit: (A) a "short-barreled shotgun," the barrel(s) of which measure out(southward) less than 18 inches, or the overall length of which is less than 26 inches; (B) a "short-barreled burglarize," the barrel of which measures less than 16 inches, or the overall length of which is less than 26 inches; (C) "whatever other weapon" ("AOW") (a pen gun, for example); (D) a car gun; (E) a silencer (a/g/a "suppressor"); or (F) a subversive device (a grenade, for example).  Equally in all other states, in Pennsylvania all NFA Firearms must be registered with the federal Bureau of Booze, Tobacco, Firearms and Explosives (which is withal commonly referred to as the "ATF").

A "Form 4" is the ATF course required to transfer and register an NFA Firearm.  Upon approval of a Form 4, an owner is issued a "taxation stamp" (since the National Firearms Deed is simply a affiliate inside the Internal Acquirement Lawmaking), and merely then may the applicant 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 above-listed NFA Firearms, provided they are properly registered with the ATF.

Let u.s.a. go along in mind, so, that the PICS background check (in theory at least) merely ensures that a transferee is non a Prohibited Person, and, with some exceptions, near all firearms (both NFA and non-NFA) are subject field to background checks. Registration, on the other hand, while required for the transfer of NFA Firearms, is non officially permitted in Pennsylvania.  May nosotros be precise in our terminology, and zealous to keep 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 eventually keep them out of the hands of the skillful guys.

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

Source: https://www.yourlawfirmforlife.com/individual/firearms/do-i-have-to-register-my-gun/

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