The issue frequently arises as to whether a Federal Firearms Licensee (FFL) in Pennsylvania must complete a PA Application/Record of Sale (Form SP 4-113) for the sale of a receiver.
To the surprise of most FFLs, the Pennsylvania State Police (PSP), as of 6/2/2011, has stated that no PA Application/Record of Sale should be completed for a receiver, even if that receiver is a receiver that can only currently be used as a pistol (AKA a Colt 1911 receiver), unless, the customer specifically requests that the receiver be transferred as a handgun.
So, why would a customer want a receiver to be transferred as a handgun? Take the situation where the customer owns a transferable Heckler and Koch sear trigger pack and desires to be able to use that sear on a new MP5 clone that he/she is going to build on a virgin receiver. If customer has the virgin receiver transferred as a pistol, so long as that individual does not place a stock onto the receiver, he/she could save the $200 tax of having to register the pistol as a Short-Barreled Rifle (SBR). When the customer places the trigger pack onto the clone MP5, he/she would be lawfully allowed to place a stock on the firearm, as the machinegun designation trumps all otherNFA classifications. Of course, the individual would have to remove that stock from the firearm before removing the trigger pack and could never place the stock on the rifle absent the trigger pack being installed.
Published by Joshua Prince, Esq.
With our 2nd Amendment rights being attacked at both the Federal and State level, and the ATF (Burea of Alcohol, Tobacco, Firearms, and Explosives) trying to close down FFLs (Federal Firearms Licensees) for minor infractions while making FFLs the scapegoat when the ATF's records are inaccurate, I want to take this opportunity to introduce myself. I am one of only a handful of attorneys across the US that practices in the niche area of law known as firearms law. I decided to concentrate my legal practice on firearms law not only because I am a shooter and firearms enthusiast, but also to ensure that our inalienable Right to Keep and Bear Arms is never encroached upon.
I handle cases at the Federal and State level for both FFLs and individuals. At the federal and state levels for individuals, I actively defend the 2nd Amendment of the US Constitution and Section 21 of the PA Constitution, as well as, help individuals with:
- License to Carry Firearms Denials;
- Challenges to Erroneous PICS Denials;
- Relief from Firearms Disabilities;
- Estate Planning Advice;
- Gun/NFA Trusts; and
- 42 USC 1983 Actions for Deprivation of Civil Rights
At both the state and federal levels, I represent FFLs and SOTs throughout Pennsylvania and the US regarding:
- ATF Compliance Inspections;
- Warning Letters and Hearings;
- FFL Revocations;
- Corporate Structure Advice
- Indoor/Outdoor Range Implementation; and
- Forfeiture Proceedings
In following my love for firearms and firearms law, I have taught several Continuing Legal Education (CLE) seminars on Firearms in Estates and Trusts and Firearms Law 101 for several Bar Associations, including Berks, Cumberland, and Dauphin Counties. I also planned and taught several Firearms in Estates CLE classes for the Pennsylvania Bar Institute (PBI).
While at Widener Law School, I was a member of the Widener Law Journal. I wrote an article on the Inaccuracy of the National Firearms Registration and Transfer Record (NFRTR). I also had an article published on Fee Disputes in Workers Compensation cases in the Widener Law Journal, Volume 18, No. 2.
You can often find me posting on several internet forums, including Subguns, Uzitalk, AR15, and PAFOA. I also hold PA Firearms Law classes for local ranges to inform the public on the firearm laws of the Commonwealth.
Following in my father's footsteps, I am also a Board member for the Pottstown Police Athletic League (PAL).
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