This book is designed to help you understand the full cycle of firearms law under Pennsylvania and federal law. You’ll see how the firearms regulatory infrastructure handles each aspect of a firearms transaction, how firearms and people who use firearms are regulated and how the legal system handles the persons prohibited from possession firearms, prosecution of crimes related to firearms and the use of lethal force.
Summary of Contents
- The Law of Guns in Pennsylvania
Why Are We Talking About This?
Before We Begin
Considerations for Firearms Scenarios
Topics for Discussion
Obtaining a Handgun: Federal Laws
Let’s Look at the Form 4473
Obtaining a Handgun
Transferring a Handgun
License to Carry Firearms (LTCF)
18 Pa.C.S. §6109 Licensing
Standard for Issuance
§ 6108-Carrying Firearms on Public Streets or Public Property in Philadelphia
LTCF Not Needed to
Act 235 Does Not Equal LTCF
Judicial Review of Revocations
Standard of Review
Carry Laws Vary by State
Reciprocity Governed by Statute
The (Former) Florida “Loophole”
Pennsylvania Attorney General’s Website
Interstate Transportation in Vehicle
Who Can’t Possess a Firearm in Pennsylvania?
Adjudicated Incompetent & Involuntary Committed
Recovering Firearms Rights after Incompetency or Commitment
Domestic Violence Statutes: Where to Look
Domestic Violence in Pennsylvania: 23 Pa.C.S.A. § 6102
How is Domestic Violence Charged and Why does it Matter for Firearms Cases?
Facts about PFA Orders
PFA’s Against Law Enforcement Professionals
Proper Venue for PFA
Temporary PFA Orders: 23 Pa.C.S.A. § 6107(b)
Final PFA Orders: 23 Pa.C.S.A. § 6107
Return of Firearms: 23 Pa.C.S.A. § 6108.1
HB 2060 Fixes as of 10/18/2018
Relief from Disability
Dealing in Firearms
Meet the Regulator - ATF
Purpose of the GCA of 1968
Overview of GCA – Section 921
“Interstate of Foreign Commerce”
“Engaged in the Business”
“With the Principal Objective of Livelihood and Profit”
GCA Section 922 – Unlawful Acts
GCA – Section 923 (Licensing)
GCA – Section 924
GCA – Sections 925, 926 & 927
GCA Transfers - Overview
What is NICS?
GCA – Prohibited Persons
Sales/Transfers Between FFLs
Sales to Law Enforcement
Removed, Obliterated, Altered SN
GCA – Machine Gun Prohibition
Federal and State Laws
National Firearms Act of 1934
Registration of NFA Firearms
NFA Transfers (Generally)
Warrantless Inspections - Generally
Limits on Warrantless Inspection
ATF Warrantless Inspection
Other ATF Publications
ATF Guidance on Licensing
Recordkeeping - 22 C.F.R. Pt. 478, Subpart H
Mandatory Disclosures - ATF
Format for A&D Record
Inspections – Adverse Actions
Application of Deadly Force
Justification – Affirmative Defense
Other Deadly Force Issues
Commonwealth v. Chermansky
After Deadly Force
Firearms Scenarios: Navigating the Ethical Minefields
Can You Hang Onto This for Me?
Don’t Ask, Don’t Tell?
An Innocent Felony?
Are We Selling This Gun or What?
Are You My Reference?
Obtaining Additional Information