Information for Pennsylvania Firearm Purchasers and Basic Firearm Safety

§ 3502 Burglary 4. has been adjudicated as an incompetent or who has person is eligible to purchase a firearm or acquire a SP 4-135 (10-2008) § 3503 Criminal trespass, if a felony of the been involuntarily committed to a mental institution license to carry a firearm. second degree or higher for treatment under § 302, 303, or 304 under the § 3701 Robbery Mental Health Procedures Act (P.L. 817, No. 143); or Pennsylvania Firearm Dealers and County Sheriffs INFORMATION FOR 5. is an alien, is illegally or unlawfully in the United access the PICS program through a toll free telephone § 3702 Robbery of motor vehicle States; or number. Operation has shown that approximately 91% PENNSYLVANIA § 3921 Theft by unlawful taking or disposition, 6. is the subject of an active protection from abuse of the individuals attempting to purchase a firearm can FIREARM PURCHASERS upon conviction of the second felony order issued pursuant to 23 Pa.C.S. § 6108, relating be approved while on the initial call. offense to relief, which order provides for the relinquishment § 3923 Theft by extortion, when the offense is of firearms; or By law, no record information may be disseminated as & accompanied by threats of violence 7. was adjudicated delinquent (with conditions specified a result of the background check. At times, temporary § 3925 Receiving stolen property, upon in the UFA). With the exception of crimes committed delays may be necessary. If a record is identified and BASIC under sections 2502, 2503, 2702, 2703, 2704, 2901, is incomplete, it is necessary to research the record and conviction of the second felony offense FIREARM SAFETY §4906 False reports to law enforcement 3121, 3123, 3301, 3502, 3701, and 3923, this contact the agency(s) that may be able to provide prohibition may terminate 15 years after the last information required in order to complete the authorities, if the fictitious report applicable delinquent adjudication or upon the background check. Individuals with a common name involved the theft of a firearm as person reaching the age of 30, whichever is earlier. may require time to determine whether or not the record provided in 4906(c)(2) actually belongs to the individual attempting to 8. was adjudicated delinquent by a court pursuant to 42 § 4912 Impersonating a public servant if Pa.C.S. § 6341 or under any equivalent Federal purchase a firearm. impersonating a law enforcement statute or statute of any other state as a result of officer conduct which if committed by an adult would INFORMATION FOR PENNSYLVANIA § 4952 Intimidation of witnesses or victims constitute an offense enumerated in 18 Pa.C.S. § FIREARM PURCHASERS INCLUDES: § 4953 Retaliation against witness, victim or 6105(b) with the exception of those crimes set forth party in paragraph 7. This prohibition shall terminate 15 • Basic Firearm Safety § 5121 Escape years after the last applicable delinquent § 5122 Weapons or implements for escape adjudication or upon the person reaching the age of § 5501(3) Riot 30, whichever is earlier. • Children and Firearms

§ 5515 Prohibiting of paramilitary training 9. is prohibited from possessing or acquiring a firearm § 5516 Facsimile weapons of mass destruction under 18 U.S.C. § 922(g)(9) (relating to unlawful • Commonly asked questions about firearms § 6110.1 Possession of firearm by minor acts) who has been convicted in any court of a and the Uniform Firearms Act misdemeanor crime of domestic violence by a § 6301 Corruption of minors person in any of the following relationships: (i) the § 6302 Sale or lease of weapons and current or former spouse, parent or guardian of the • Pennsylvania Instant Check System – PICS explosives victim; (ii) a person with whom the victim shares a Any offense equivalent to any of the above offenses child in common; (iii) a person who cohabits with or Because of its length, the Uniform Firearms Act (UFA) under the prior laws of this Commonwealth, or any has cohabited with the victim as a spouse, parent or cannot be included in this brochure. Your State offense equivalent to any of the above offenses under guardian; or (iv) a person similarly situated to a legislator or the PSP can provide you with a copy of the the statutes of any other state or of the United States. spouse, parent or guardian of the victim; then the UFA upon written request. relationship need not be an element of the offense to Prohibiting Conditions – Are you a person who: meet the requirements of this paragraph. For additional information, contact: 1. is a fugitive from justice; or 2. has been convicted of an offense under the Federal Prohibitions Pennsylvania State Police Controlled Substance, Drug, Device and Cosmetic Prohibitions under federal law (as it applies in Firearms Division Act (P.L. 233, No. 64) punishable by imprisonment Pennsylvania) include: Under indictment for, or 1800 Elmerton Avenue exceeding two years; or conviction of a misdemeanor offense for which the Harrisburg PA 17110 3. has been convicted of driving under the influence maximum prison term may exceed two years, or a Telephone: 717-783-5495 (DUI) of alcohol or controlled substance as provided felony, if the maximum prison term exceeds one year. in 75 Pa.C.S. § 3802 (relating to driving under or visit our website at www.psp.state.pa.us. influence of alcohol or controlled substance) or the PENNSYLVANIA INSTANT CHECK SYSTEM The primary purpose of PICS is public safety, to former 75 Pa.C.S. § 3731, on three or more separate PICS Prepared by the Pennsylvania State Police occasions within a five-year period; or ensure an eligible person may acquire a firearm, Bureau of Records and Identification The Pennsylvania State Police implemented the and that a prohibited person may not! (Note: Depending on the grade of the offense, Pennsylvania Instant Check System (PICS) on July 1, Firearms Division certain DUI offenses could be prohibiting under 1998. This system provides instant access to October 2008 Federal law upon the first conviction.) background records on an individual to determine if the Pennsylvania State Police, Firearms Division

BASIC FIREARMS SAFETY understand, educate your children about Q. When processing a private transfer, will the A. Dealers may accept any one of the following firearms safety. dealer charge me a fee? documents as identification: Safety must be your first concern when handling, REMEMBER: Most firearms accidents are A. There is a $2.00 fee to run a PICS check to ƒ Valid photo drivers license or ID card. using, or storing any firearm. These safety rules preventable. Protect yourself and your loved verify that the intended recipient of the ƒ Valid government-issued photo ID card. must always be followed: ones by taking firearms safety seriously. firearm is not prohibited. In addition, most Because Pennsylvania is a point of contact ▪ Always treat a firearm as if it is loaded. firearm dealers have a processing fee that is (POC) for the National Instant Check System ▪ Always make sure the firearm is pointed in a ?? COMMONLY ASKED QUESTIONS ?? determined by the individual dealers. (NICS), operational November 30, 1998, we safe direction. Q. If I possess a valid license to carry a firearm, Therefore, you may want to ask the dealer agree to do the federal firearms background ▪ Always keep your finger out of the trigger guard am I required to undergo a Pennsylvania what his fee is prior to initiating the transfer. check (Brady check) which requires a photo and off the trigger until you are ready to fire. Instant Check System (PICS) background identification card. Even though ▪ Always keep the firearm unloaded until you are check to purchase a firearm? Q. If I have a criminal record from many years Pennsylvania law provides for non-photo ID ready to use it. A. Yes. Section 6111 of the Uniform Firearms Act ago, and I have not committed a prohibited for members of religious sects whose tenets ▪ Always be aware that safety devices can (and (UFA) requires that a dealer complete a PICS offense since then, is it possible that I may be forbid or discourage the taking of sometimes do) fail. check before delivering a firearm to a buyer. able to purchase a firearm? photographs, it is now required that a form of ▪ Always make sure the firearm is in safe The exception granted to license to carry A. The current Uniform Firearms Act does not government-issued photo ID be provided. operating condition before using it. holders and law enforcement officers applied exempt criminal records from a specific time ▪ Always use ammunition designed for use in your to the waiting period which was replaced by period in order to acquire a firearm. Also, Q.What would prohibit me from lawfully firearm. the instant check, and no longer applies. criminal records are not automatically possessing or purchasing a firearm? ▪ Always be sure of your target and what lies expunged (deleted) after a period of time. In A.There are 38 crimes for which a conviction behind it. Q. What if I own a firearm, and I am convicted of a Pennsylvania, a court order is required to would prohibit a person from lawfully ▪ Always wear ear and eye protection when crime which prohibits me from possessing expunge non-conviction information. purchasing or possessing a firearm under the shooting. firearms? Conviction information may not be expunged. UFA. There are nine conditions which would ▪ Always refrain from using alcohol or drugs A. You have 60 days from the date of the It is possible to obtain court ordered relief prohibit this also. The prohibiting offenses before or when shooting. imposition of any disability (such as a from a firearm disability, which may grant and conditions listed in the UFA under § 6105 ▪ Always store firearms in a locked container and conviction which prohibits ownership of a eligibility to acquire a firearm. are as follows: separate from ammunition. Be certain that firearm) to sell or transfer any firearms you PROHIBITING OFFENSES & CONDITIONS: firearms are inaccessible to children and own to a person who is not a member of your Q. Can I allow persons under the age of 18 to OFFENSES: unauthorized adults. household. use firearms? §908 Prohibited offensive weapons A. Yes, persons under the age of 18 (minors) §911 Corrupt organizations CHILDREN AND FIREARMS Q. Do I need a license to carry to possess a may possess or transport a legal pistol, §912 Possession of weapon on school firearm? revolver, shotgun, or rifle under the following property Few accidents are as tragic, or as preventable, as A. You do not need a license to carry to possess circumstances: §2502 Murder those involving children and firearms. Having a firearm; however, a license to carry is ƒ The person is under the supervision of a §2503 Voluntary manslaughter children in the home, whether they live there or are required for the purpose of carrying a firearm parent, grandparent, legal guardian, or an §2504 Involuntary Manslaughter, if reckless visiting, makes it even more important to practice concealed on or about your person, or in a adult acting with the expressed consent of use of a firearm safe storage of firearms: vehicle within this Commonwealth. Exceptions the minor’s custodial parent or legal §2702 Aggravated assault ▪ Do not underestimate the ability of children to can be found in Section 6106(b) of the UFA. guardian, and the minor is engaged in §2703 Assault by prisoner find or reach a firearm you thought was safely lawful activity, including safety training, §2704 Assault by life prisoner hidden. Q. What do I need to do if I want to sell or transfer lawful target shooting, engaging in an §2709.1 Stalking ▪ Check stored firearms periodically to be sure a firearm to a friend? organized competition involving the use of §2716 Weapons of mass destruction that security devices are still intact, and that the A. PA residents can transfer a long gun to another a firearm, or the firearm is unloaded and §2901 Kidnapping firearms have not been loaded by an PA resident providing the individual is not the minor is transporting it for a lawful §2902 Unlawful restraint unauthorized person. Not only will this help prohibited. Handgun transfers must be purpose; or §2910 Luring a child into a motor vehicle or ensure that your firearms are stored safely, this completed at a licensed firearm dealer’s place ƒ The person is lawfully hunting or trapping structure will also allow you to inspect your firearms for of business. Private transfers for any type of in accordance with 34 Pa.C.S. (relating to §3121 Rape dirt, corrosion, or other conditions requiring firearm to an individual who resides in another game). §3123 Involuntary deviate sexual intercourse maintenance or repair. state must be processed through a licensed §3125 Aggravated indecent assault ▪ There are many safety programs designed for firearm dealer from the buyer’s state of Q. What types of identification do I need to §3301 Arson and related offenses children. As soon as they are old enough to residence. purchase a firearm? §3302 Causing or risking catastrophe