Sale Of Firearm Without Licence In Allegheny

State:
Multi-State
County:
Allegheny
Control #:
US-00456BG
Format:
Word; 
Rich Text
Instant download

Description

This form is for two private individuals (not dealers) who want to engage in a firearms transaction. Be aware that individual states have their own set of laws and regulations governing the sale of firearms. It is your responsibility to familiarize yourself and comply with all the federal, state, county and/or municipal ordinances, laws and regulations governing the possession and use of any firearm or category of firearms in both the state you purchase the firearm as well as the state in which you reside. The requirements to purchase a firearm will generally depend upon (1) what type of firearm you intend to purchase, (2) where you intend to purchase the firearm, and (3) where you reside.


While there is little uniformity among the states regarding firearm laws, state and local gun control the major regulatory issues (as of April 1, 2006) are:


" Child Access Prevention laws: Many states have passed legislation making it a crime to leave a loaded weapon within easy access of a minor.

" Concealed weapon laws: About seven states prohibit concealed weapons. Many others require an individual to show a need prior to obtaining a license to carry a concealed weapon. In over half the states, all non-felons are able to obtain licenses to carry concealed weapons. Only one state, Vermont, has no licensing or permit requirement.

" Regulation of private sales to minors: Under federal law, minors under 18 are prohibited from possessing guns and minor under 21 are prohibited from purchasing guns from dealers. However, unless regulated by state law, minors 18 and over are able to freely purchase weapons through private sales. Currently 21 states either prohibit or substantially regulate this secondary market for minors.

" Regulating all secondary market sales: Over twenty states regulate all secondary sales through registration or licensing requirements. In the states that have no such regulation, the secondary market allows minors and criminals to easily obtain weapons. This is the so-called "gun show" loophole.

" Ban on "assault" weapons: In 1989, California was the first state to ban certain types of automatic weapons. More extensive bans have been enacted in New Jersey, Hawaii, Connecticut and Maryland.

" "One handgun a month" laws: Many purchasers (felons and minors) have circumvented federal law by purchasing firearms from individuals who have legally made bulk purchases of handguns. Four states (South Carolina, Virginia, Maryland, and California) have laws that limit legal purchases of handguns to one a month per buyer.

" Ban on "Saturday Night Specials" and other "junk guns": These are small, easily concealed lightweight guns which are unreliable but have appeal to criminals because of their portability. A minority of states have laws which regulate the purchase and use of these weapons. Additionally, local laws in a number of cities outlaw the possession of these weapons.

" Waiting periods and background checks: Although background checks are no longer necessary under federal law, about half the states still use state data in addition to federal data to conduct background checks prior to issuing a handgun permit. Eleven of these states impose waiting periods as well.


When a transaction takes place between private (unlicensed) persons who reside in the same State, the Federal Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. However, the seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. sec. 922(g) and (n). However, there are no GCA-required records to be completed by either party to the transfer.


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FAQ

You can now open carry in a vehicle without a license. it was found unconstitutional to restrict PA citizens both types of carry in a vehicle. there has to be at least one open avenue that does not infringe on a person's 2nd Amendment rights. Judges paraphrased wording not mine.

REQUIREMENTS: All applicants must be at least 21 years of age. All applicants must complete the Application for a Pennsylvania License to Carry Firearms. Pennsylvania residents must possess a valid Pennsylvania Driver's License or Identification Card.

Penalties for Carrying a Firearm Without a License In Pennsylvania, a first-degree misdemeanor comes with five years in prison, up to $10,000 in fines, or both if convicted. If you are ineligible to obtain a license, you may be charged with a third-degree felony.

Licenses are issued to all those who qualify, based on a background investigation done by the Sheriff's Office through the Pennsylvania Instant Check system (PIC). Once an application for license to carry is filed, the Sheriff has 45 days in which to complete the investigation and notify the applicant.

How long does it take to obtain a license to carry in Pennsylvania? The entire process typically takes all of five minutes, depending on the wait time from the state. Usually the background check process varies from instantaneously to a couple hours. However the most common wait time is instant to a half-hour.

Any person carrying a handgun in any vehicle or concealed on or about his person' is required to have a license to carry or a Sportsman's Firearm Permit (good only for hunting, fishing, trapping and dog training).

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition.

Are There Age Restrictions on Gun Ownership in PA? You do not have to register long guns or other firearms, but you must be over 18 to legally own and operate a weapon.

While it is not illegal to carry an unregistered firearm in Pennsylvania, it is against the law to conceal and carry it without a license. 18 Pa. C.S.A. § 6106 states that anyone caught carrying without a license who has not committed another criminal violation will face first-degree misdemeanor charges.

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Sale Of Firearm Without Licence In Allegheny