Today, we became aware that on or about January 9, 2020, a letter sent out by the Pennsylvania State Police (“PSP”) to Federal Firearms Licensees (“FFLs”) that pursuant to what it refers to as “the Pennsylvania Attorney General’s binding opinion”, the PSP has promulgated an “Application for Purchase (Partially-Manufactured Frame or Receiver for a Pistol or Rifle)” form, SP 4-121, which must be completed in addition to “a PICS background check and unique approval number [being] completed and received in order to facilitate a lawful sale/transfer of a PMFR [(“Partially Manufactured Frame or Receiver”)] under Pennsylvania law.”
The letter goes on to explain that although the PSP “is currently working on an automated solution for processing these these types of firearms sales/transfers by licensed firearms dealers”, in the interim of the system being ready, “dealers holding a current license to sell firearms shall utilize [the procedures set-forth in the letter].” Of importance, it explained that “[a]ll PMFR purchases/transfers shall be reported via the paper form of the Surcharge Remittance, Form SP4-134.” Thus, dealers are required to pay the surcharge tax on all applicable items.
But, what are PMFRs? Neither the letter nor the form define them in any way and all licensees are left to guess whether a non-object firearm constitutes a firearm under this undefined term. Thus, the PSP wants dealers to “guess” at what constitute PMFRs and if you get it wrong, don’t worry, you’re only looking at felony offenses…
As our viewers are aware, Firearms Policy Coalition (“FPC”) is funding a lawsuit, being handled by Chief Counsel Joshua Prince of the Firearms Industry Consulting Group (“FICG”), challenging the unlawful nature of the Attorney General’s Opinion and the PSP’s interpretation and enforcement of the Opinion. You can find all the court filing here.
If you’re in a position to support this important litigation, please consider a donation to FPC, which can be made here.
Please also consider you contacting your state representatives and requesting that they join in the litigation to preclude the erosion of the Pennsylvania General Assembly’s sole authority to legislate in this Commonwealth. You can find you state representatives here.
If you or someone you know has had their right to keep and bear arms infringed, contact Firearms Industry Consulting Group today to discuss YOUR rights and legal options.
Firearms Industry Consulting Group® (FICG®) is a registered trademark and division of Civil Rights Defense Firm, P.C., with rights and permissions granted to Prince Law Offices, P.C. to use in this article.