Do You Have To Register Firearms That Only Fire Blanks

Do I Have To Annals My Gun?

Firearms | September 2, 2020

I get this question a lot, and information technology's articulate that there is some confusion out there nearly what it means to "annals" a firearm. It is the purpose of this article to lend some clarity to the subject.

In order to comprehensively address the topic of firearms registration, I will brand two distinctions. The first distinction is between the categories of firearms: those which are discipline to the National Firearms Act ("NFA Firearms"), and those which are non ("non-NFA Firearms"). (I am avoiding other often-used terms, like "Title I Firearms," "Title Two Firearms," or "Class Iii Firearms" every bit they are inaccurate and misleading.) The second distinction I will make is betwixt registering a firearm, on the one hand, and undergoing an ownership transfer background check, on the other.

Categories of Firearms

Returning to the two types of firearms, "non-NFA Firearms" are the most commonly owned guns, and this category includes handguns (revolvers and semi-automatic pistols) and long guns (rifles and shotguns). Only a handful of states require registration of these types of guns. In fact, here in Pennsylvania we have laws that affirmatively prohibit registration of firearms. The premise of such a prohibition is that firearm registration is a pace downwardly a slippery gradient, leading to eventual confiscation. Conversely, the motivation behind background checks is to ensure that those who are "Prohibited Persons" (such as felons, for example) are non allowed to own guns.

However, the law even so requires the transferee (the recipient) of certain non-NFA Firearms to undergo a background check (every bit mentioned above, for the purpose of making sure a transferee is non a "Prohibited Person"). This is done at a Federal Firearms Licensee ("FFL," i.e. a dealer) who runs a background check on the transferee through the NICS (the National Instant Criminal Background Check Organization) database, though hither in Pennsylvania we use the "PICS" (Pennsylvania Instant Check Arrangement). This is always accompanied past the completion of an ATF Form 4473, too as the Pennsylvania Land Police Awarding/Record of Sale course (SP four-113) which is the course that lists the various factors prohibiting gun buying.

(Circumspection: nosotros have had many clients stumble into trouble by filling out one of these forms without a proper understanding of what they mean – read the instructions on the dorsum of the forms earlier completing them, because an wrong answer can lead to criminal charges.)

All Pennsylvania handgun transfers must exist subjected to a PICS check, with the completion of a Form 4473 by the transferee of the handgun. However, PICS checks (and therefore ATF Form 4473s) are non 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 but which was not properly transferred at an FFL (with a PICS check and ATF Form 4473) is an illegal handgun, and its possession volition field of study the owner to criminal penalties. (There are some exceptions to this, though, such as transfers between a parent and an developed child.) A long gun, nonetheless, equally indicated above, tin be transferred in Pennsylvania without an FFL-completed PICS check and ATF Form 4473, and therefore you can transfer buying of a long gun in Pennsylvania with but a mitt shake. (It is, yet, strongly recommended that at least a Bill of Auction ever be completed for such transfers.)

What'southward the Difference Between Background Checks and Registrations?

As distinguished from a groundwork cheque as described above, the registration of firearms is non 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 additional footstep that some other states require, and is typically washed nearly immediately after the ownership transfer and NICS background bank check. (Residents of other states should check their local laws on specific procedures.)

It has been claimed, and rightly and then, that many states' groundwork check procedures in fact establish 'back door' registrations, since the final outcome is the aforementioned – the government knows who has what guns. Pennsylvania is a good example of this. Even though nosotros have a statute on the books which specifically outlaws any firearm registration, a dealer-facilitated background check must accompany all handgun transfers, the form that the transferee fills out is and so kept past the dealer, and a copy is sent to the Pennsylvania State Police.

However, the storage of firearm purchaser information, while currently an unfortunate characteristic of our firearms transfer procedure, is non a necessary characteristic of a background cheque per se. In other words (and hither I depict not what the law is, only what it could be) it would be entirely reasonable for a dealer to comport a background check on a transferee past only calling the state police and getting a 'thumbs up' or 'thumbs down' on the transferee, without generating unnecessary paperwork for storage purposes. The state police could limit its record-keeping to the fact that a background bank 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'south driver's 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 criminal offence had been committed with the firearm in question.

Such a process would forbid a background check from becoming a 'back door' registration, but would also address legitimate law enforcement needs. Since this is non the case at present, the only firearms owners in Pennsylvania who are currently not subject to any kind of 'back door' registration are those who accept purchased their long guns privately.

Registering an NFA Firearm

Returning to the police as it is, the other category of firearms is "NFA Firearms," which term is divers equally including any of the following: (A) a "short-barreled shotgun," the barrel(south) of which measure(south) 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) "any other weapon" ("AOW") (a pen gun, for example); (D) a machine gun; (E) a silencer (a/thou/a "suppressor"); or (F) a subversive device (a grenade, for instance). As in all other states, in Pennsylvania all NFA Firearms must be registered with the federal Agency of Alcohol, Tobacco, Firearms and Explosives (which is notwithstanding normally referred to equally the "ATF").

A "Course 4" is the ATF form required to transfer and register an NFA Firearm. Upon approval of a Grade 4, an owner is issued a "taxation stamp" (since the National Firearms Act is but a affiliate within the Internal Revenue Code), and only so may the applicant take possession of the NFA Firearm.

Pennsylvania prohibits the possession of "destructive devices," calling them "Prohibited Offensive Weapons," but allows for the possession of whatsoever of the other higher up-listed NFA Firearms, provided they are properly registered with the ATF.

Let u.s. keep in listen, so, that the PICS background check (in theory at least) merely ensures that a transferee is not a Prohibited Person, and, with some exceptions, most all firearms (both NFA and non-NFA) are discipline to background checks. Registration, on the other hand, while required for the transfer of NFA Firearms, is not officially permitted in Pennsylvania. May we be precise in our terminology, and zealous to go on these terms distinct, both in theory and in do, 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 easily of the adept guys.

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