Selling a Stripped lower receiver in PA question

[devildogljb]

I got a friend of mine into the firearm world and he now has the bug. I have a stripped lower receiver i just never got around to build the project and with a house purchase last month i don't see myself starting it. Do we have to go threw my local FFL ? Just want to make sure. If this is in the wrong spot please move.

[masakari]

If the lower was not sold as a pistol, then you can legally sell it to him without going through an FFL... HOWEVER, it is your duty to ensure that your friend is legally allowed to possess firearms, and if you sell to him and he isn't, it's a felony regardless if you knew or not.

[Kdubya]

If the lower was not sold as a pistol, then you can legally sell it to him without going through an FFL

Interesting. So if it was sold as a pistol do you then have to go through an FFL? Is that particular to PA? How about if it was marked as "reciever" on the 4473 and never assembled? If it's too far off topic please feel free to forego a response. Thanks!

[Iraqgunz]

According to what I read under PA law all handguns must be transferred through an FFL. Long gun do not.


Interesting. So if it was sold as a pistol do you then have to go through an FFL? Is that particular to PA? How about if it was marked as "reciever" on the 4473 and never assembled? If it's too far off topic please feel free to forego a response. Thanks!

[Iraqgunz]

Is there something specific under PA law where this is mentioned? Just curious because federal law does not say that.


If the lower was not sold as a pistol, then you can legally sell it to him without going through an FFL... HOWEVER, it is your duty to ensure that your friend is legally allowed to possess firearms, and if you sell to him and he isn't, it's a felony regardless if you knew or not.

[Kdubya]

According to what I read under PA law all handguns must be transferred through an FFL. Long gun do not.

I went ahead and looked it up as well. Granted it is late, and my legalese filter is not operating at full capacity, but it appears it applies to any firearm. From the PA State Statutes...

"(c) Duty of other persons.--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.
(d) Defense.--Compliance with the provisions of this section shall be a defense to any criminal complaint under the laws of this Commonwealth or other claim or cause of action under this chapter arising from the sale or transfer of any firearm.
(e) Nonapplicability of section.--This section shall not apply to the following:
(1) Any firearm manufactured on or before 1898.
(2) Any firearm with a matchlock, flintlock or percussion cap type of ignition system.
(3) Any replica of any firearm described in paragraph (1) if the replica:
(i) is not designed or redesigned to use rimfire or conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade."


So, unless an earlier Statute requires a different procedure for an FFL to sell a long-gun vs a handgun, then all private party sales must be facilitated by an FFL; regardless of the type of firearm.

Am I reading that right?

[Iraqgunz]

This is what I am seeing.

http://www.pacode.com/secure/data/037/chapter33/chap33toc.html

In addition a FAQ page from the Cumberland County Sheriff's Office states a transfer of a long gun is not required to go through a licensed dealer. It also states you cannot transfer a firearm to someone you KNOW is a prohibited person.

https://www.ccpa.net/FAQ.aspx?QID=261


I went ahead and looked it up as well. Granted it is late, and my legalese filter is not operating at full capacity, but it appears it applies to any firearm. From the PA State Statutes...

"(c) Duty of other persons.--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.
(d) Defense.--Compliance with the provisions of this section shall be a defense to any criminal complaint under the laws of this Commonwealth or other claim or cause of action under this chapter arising from the sale or transfer of any firearm.
(e) Nonapplicability of section.--This section shall not apply to the following:
(1) Any firearm manufactured on or before 1898.
(2) Any firearm with a matchlock, flintlock or percussion cap type of ignition system.
(3) Any replica of any firearm described in paragraph (1) if the replica:
(i) is not designed or redesigned to use rimfire or conventional center fire fixed ammunition; or
(ii) uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade."


So, unless an earlier Statute requires a different procedure for an FFL to sell a long-gun vs a handgun, then all private party sales must be facilitated by an FFL; regardless of the type of firearm.

Am I reading that right?

[masakari]

Everything in here is correct, all handguns in PA must go through an FFL. The above statute that mentions "firearms" defines them as handguns only. So long guns do not go through an FFL.

[amd5007]

Everything in here is correct, all handguns in PA must go through an FFL. The above statute that mentions "firearms" defines them as handguns only. So long guns do not go through an FFL.

This is correct. As both a PA resident and FFL, only handguns are required to go through an FFL. However that being said, if you're selling a long gun to someone you do not know, or are suspicious of, going through an FFL is always a good idea. Another option would be to ask to see their concealed carry card.

[Kdubya]

Thanks for the info guys! Not that it really effects me, but expanding the knowledge base never hurts. I read back through some earlier portions of the statutes, and it's interesting how they change the definition of a Firearm based upon if the seller is either a dealer or a private citizen. For private citizens, the definition is very detailed; listing barrel lengths, OAL, etc. For the dealers it's, "any weapon that can expel a projectile by the action of an explosive". The government really can't make anything easy for us.

Ultimately, I understand the overall intent. Handguns are far more likely to be used in crimes. While I wouldn't be a fan of these regulations, I'm sure it's saved someone's bacon a time or two with listing on places like Armslist and FB.