AK47
I attended the Montour Delong County Fair in August 2012. State Representative Kurt A. Messer (Republican) from the 107the Legislative District was giving out literature concerning Firearms in Pennsylvania. State law does not say anything about the following;
1. Transfer of handguns between some family members: husband/wife, parent/child, and grandparent/grandchild.
2. Transfer of long guns between private individuals who reside in Pennsylvania.
3. Any hand guns or long guns legally owned by individuals moving into Pennsylvania.
People living in Pennsylvania do not need a permit before buying a firearm. According to the brochure that I picked up, the simplest and best way to buy or sell a firearm is to have it shipped from one licensed federal firearm dealer to another federal firearm dealer. This procedure will comply with all local, state, and federal laws.
You must undergo a Pennsylvania Instant Check System (PICS) background check to purchase a firearm. Dealers may accept a valid photo driver’s license or ID card. They may also accept a valid government issued photo ID card. If you are going to travel with your firearms and if you are going out of state, you must know the laws in the state where you are traveling. If you are selling or giving away your firearms, you should go to a licensed firearm dealer who will do a Pennsylvania Instant Check on the intended recipient of the firearm to determine the person’s eligibility.
If something is wrong with your firearm, it is advised that your local licensed federal firearm dealer handle the shipping for you. If you have to transport your firearm within Pennsylvania, the firearm should be unloaded and in a locked container unless you have a license to carry a firearm. For further information on this, contact your State Representative or local law enforcement official for further details.
A concealed carry permit allows an individual to carry a firearm concealed on or about the person or in a vehicle throughout Pennsylvania. You can obtain a concealed carry permit from your local County Sheriff’s office, In Philadelphia; you can obtain a permit from the Chief of Police. If you need a sportsmen’s permit for hunting or fishing, go to your County Treasurer’s Office. A person does not need a license to possess a firearm in their home. You can’t take a firearm into a courthouse, post office, on school property, or federal building.
If a person is not allowed to purchase a firearm, someone else cannot buy a firearm for them. That is known as a straw purchase and all parties involved would be committing a crime. If the person with past criminal convictions feels that they should be able to buy a firearm, they must meet curtain test;
1. You have received a pardon
2. You had your record expunged
3. You have received restoration of your right to possess firearms through the court of common pleas.
If you have not received such from the State of Pennsylvania, you should seek assistance from an attorney to determine your status.
There are 37 crimes for which a conviction would prohibit a person from lawfully purchasing or possessing a firearm under the Uniform Firearms Act. There are also 9 conditions which would result in a firearm disability. Additionally, one condition (3 convictions for driving under the influence of alcohol or controlled substance, within a 5-year period) prohibits subsequent purchase or receipt by transfer, but not possession of firearms already owned.
Finally, federal law imposes additional restrictions on firearms ownership due to criminal convictions. The law is very complicated so I recommend you see an attorney.
If you own a fire arm and you are convicted of a crime that prohibits you from possessing, you may have up to 60 days from the date of conviction to sell or transfer any firearms to a person who does not live with you. If you have a Protection from Abuse Order (PFA) against you, you may only have 24 hours. In your situation, you may have other considerations under state and federal law. Seek the assistance of your private attorney.
For Your Research
I am not an expert on this subject. If you want more information, you can find the Pennsylvania Uniform Firearms Act by referring to Title 18, Chapter 61 of the Pennsylvania Crimes Code. Also you can refer to the following material;
1. Traveler’s Guide to the Firearm Laws of the Fifty States. Written by: J. Scott Kapas, Esq.
2. Gun Laws of America. Written by: Alan Korwin
3. Guns, Crime, and Freedom. Written by: Wayne LaPierre
4. Your State Firearms Laws. Written by: Ronald W. Rossi, Sheriff
5. Information for Pennsylvania Firearm Purchasers and Basic Firearm Safety. Written by: the Pennsylvania State Police Bureau of Records and Identification Firearms Division SP 4-135(4-2003).
7. Pennsylvania Firearms Laws Distributed by the Office of your State Representative ATF Form 4473 (5300.9) Part 1
8. Title 18, Chapter 61 of the Pennsylvania Crimes Code.
You can find more information by looking at these websites;
Attorneygeneral.gov
Atf.gov
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