As an FFL, if you Receive an Undetermined Response on a Purchaser and then Receive a Proceed, Can you Turn Over Possession of the Firearm to the Spouse?

Frequently, the issue arises as to whether an FFL can turn over possession of a firearm to the spouse, or other family member, of the person purchasing the firearm when the Pennsylvania Instant Check System (PICS) inquiry comes back with a response of proceed for the purchaser. Usually, the situation is one where the purchaser initially receives … Continue reading As an FFL, if you Receive an Undetermined Response on a Purchaser and then Receive a Proceed, Can you Turn Over Possession of the Firearm to the Spouse?

As an FFL, Can you Sell to Someone without Picture ID?

Frequently, FFLs inquire as to whether they can sell a firearm to an individual who lacks government-issued photo identification. Consistent with 27 C.F.R. 478.11 and 478.124©, a purchaser may be identified by any combination of documents that together establish all of the following required information: 1. Name; 2. Residence address; 3. Date of birth; and … Continue reading As an FFL, Can you Sell to Someone without Picture ID?

Florida Enacts Individual Liability for Violations of Firearm Preemption but Will Pennsylvania Follow Suit?

Florida Enacts Individual Liability for Violations of Firearm Preemption but Will Pennsylvania Follow Suit? Effective October 1st, 2011, Florida has enacted individual liability for violations of its firearms preemption laws but will Pennsylvania follow suit? Similar to Pennsylvania, since 1987, Florida law contains a preemption statute which prohibits any county, municipality, or township from enacting any regulation, … Continue reading Florida Enacts Individual Liability for Violations of Firearm Preemption but Will Pennsylvania Follow Suit?

Gun Clubs and Ranges Take Warning – Providing Alcohol for a Donation is the Sale of Alcohol!

Recently, the Pennsylvania State Police’s Liquor Control Unit has stepped up enforcement against local clubs and ranges that are providing liquor to club and range members, where the club does not have liquor license. Many clubs and ranges offer liquor to their members for a required “donation.” This constitutes the sale of liquor, which requires … Continue reading Gun Clubs and Ranges Take Warning – Providing Alcohol for a Donation is the Sale of Alcohol!

PA’s New Castle Doctrine (HB40) – The Bad and Ugly

I recently blogged about Pennsylvania’s Castle Doctrine (actually a Stand Your Ground Doctrine) in a previous article here and the good aspects of HB40. Now, I am going to review the bad and ugly aspects to HB40. While HB40 overall is a vast improvement to what Pennsylvania had on the books, there are several bad and ugly aspects to this recent enactment. First, … Continue reading PA’s New Castle Doctrine (HB40) – The Bad and Ugly

ATF Panel Discussion at recent Firearm Industry Importer, Exporter and Manufacture Conference

On August 2nd and 3rd, 2011, The National Shooting Sports Foundation, FAIR Trade Group and the National Firearms Act Trade & Collectors Association sponsored the Firearms Industry Importer, Exporter and Manufacturer Conference in Reston, Virginia. On the first day of the conference, the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted a question and answer session to … Continue reading ATF Panel Discussion at recent Firearm Industry Importer, Exporter and Manufacture Conference

ATF Panel Discussion at recent Firearm Industry Importer, Exporter and Manufacture Conference

On August 2nd and 3rd, 2011, The National Shooting Sports Foundation, FAIR Trade Group and the National Firearms Act Trade & Collectors Association sponsored the Firearms Industry Importer, Exporter and Manufacturer Conference in Reston, Virginia. On the first day of the conference, the Bureau of Alcohol, Tobacco, Firearms and Explosives conducted a question and answer session to … Continue reading ATF Panel Discussion at recent Firearm Industry Importer, Exporter and Manufacture Conference

BATFE Ruling 2011-4 – Pistol to a Rifle and back to a Pistol

Today, at the NFATCA Firearm Importer, Exporter and Manufacturer Conference, the BATFE announced that Acting Director Melson issued Ruling 2011-4, regarding whether a pistol can be converted to a rifle and then back to a pistol, without having to register the firearm as a short-barreled rifle. While the Ruling has not yet been published,ATF Deputy Chief Steve Albro stated that … Continue reading BATFE Ruling 2011-4 – Pistol to a Rifle and back to a Pistol

PA’s New Castle Doctrine (HB40) – The Good

I recently blogged about Pennsylvania’s Castle Doctrine (actually a Stand Your Ground Doctrine) in a previous article here. Now, I am going to review the goods aspects to HB40. It the next article, I will review the bad and ugly aspects to HB40. First, it is important to understand that a Castle Doctrine refers to the ability of … Continue reading PA’s New Castle Doctrine (HB40) – The Good

How to Determine if you are Prohibited because of an Involuntary Commitment

I often receive calls from clients who are trying to determine whether they are prohibited because of mental health commitment. Voluntary commitments are not prohibiting; however, and unfortunately, it has been my experience that individuals that agree to be voluntarily committed are often committed involuntarily based on the paperwork that the hospital files with the … Continue reading How to Determine if you are Prohibited because of an Involuntary Commitment