While at lunch I saw a sign for a yard sale for tommorrow. One of the items for sale will be gun(s). I had been thinking of buying a shot gun for varmint stuff. Anyone know what the law is to buying a gun between private parties in Pa?
My understanding from below would be that a typical shot gun sale between private parties would require no paper work?
Private parties that sell firearms as defined under §6102 to each other must do so at the place of business of a dealer or sheriff’s office and undergo the same requirements as listed above. This does not apply to the sale of firearms that fall outside of the definition of §6102 (typical rifles and shotguns) and transfers between spouses, parents and children, and grandparents and grandchildren
and this
For purposes of the Pennsylvania Uniform Firearms Act of 1995, a firearm is defined as any pistol (including revolvers) with barrels shorter than 15 inches and short-barreled (including “sawed-off”) rifles and shotguns. Exact measurements required are 16 inches (or shorter) for rifle barrels, 18 inches for shotgun barrels, or any pistol, shotgun, or rifle with an overall length of less than 26 inches. 18 P.S. §6102
thanks
IANAL, but my understanding of Pennsylvania law, which is consistent with what you posted, shotguns and rifles that are not restricted by federal law are not even considered firearms by most sections of Pennsylvania law. Shotguns with barrels under 18 inches and rifles with barrels under 16 inches–referred to as short barrelled shotguns (SBS) and short-barreled rifles (SBR)–are controlled under the National Firearms Act (NFA) of 1934. These require a background check from the BATF and a federal tax stamp.
Other than these, the only federal regulations are the ones requiring a backgroung check when buying fron a federally licensed firearm dealer (FFL). According to federal law, private sales of any firearms between residents of the same state are legal without a background check unless a state legislates otherwise. This is because the Gun Control Act of 1968, which requires the background checks, derives its authority from the authority of the federal government to regulate interstate commerce.
So in short, your understanding is correct. Between private parties in PA it is just an exchange of cash and firearm for long guns as long as you are of legal age (18 I think; I know it is not any older). Handguns require a background check by the sheriff’s office or an FFL, with some exceptions (family members mostly).
To CYA , I have heard suggestions to record the date of the transaction, serial number of the firearm, and names and addresses of the parties involved, have both sign it, and have each keep a copy. This is more to protect the seller if the gun is later used in the commission of a crime and it is somehow traced back to them. It is up to you though, not required anywhere to my knowledge.