Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Description. The application/record of sale, Form SP 4-113, is
a prenumbered three-part form furnished through the State Police under section
6111 of the act (relating to sale or transfer of firearms) and is used to
record firearm transactions. A written request for these forms may be directed
to the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg,
Pennsylvania 17110. Telephone requests will not be honored. Forms will be
furnished to the licensee/sheriff and shall be requested at least 3 weeks prior
to the time of actual need.
(b)
Requirements.
(1) The
application/record of sale shall be either typewritten or printed in blue or
black ink with a ballpoint pen. Copies shall contain legible impressions. It is
the responsibility of the licensee/sheriff, and the transferee/purchaser, to
ensure the form is accurately completed as indicated in the block instructions
(relating to fines and other penalties). The original shall be transmitted by
the licensee/sheriff within 14 days of the sale/transfer by first class mail to
the State Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg,
Pennsylvania 17110. The first copy shall be retained by the licensee/sheriff
for 20 years and filed in a book form in chronological order, with the latest
date to the front. The second copy shall be provided to the
transferee/purchaser.
(2) If a
licensed business is discontinued and succeeded by a new licensee, the records
prescribed by this section including both completed and blank
application/record of sale forms, shall be delivered to the successor. When
discontinuance of the business is absolute, the records shall be delivered
within 30 days following the business discontinuance to the State Police,
Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania
17110.
(c)
Retail
sale/transfer of a handgun or long gun prior to the implementation of the
instantaneous background check. The following are steps for completing
the application/record of sale for a retail sale/transfer of a handgun or, a
long gun as required in section 6111(b)(1.1)(i) of the act, prior to the
implementation of the instantaneous background check.
(1) The applicant is provided an
application/record of sale form and the applicant shall complete the applicable
blocks as indicated on the form. If the applicant does not complete all of the
required information or checks "yes" to any of the questions under
transferee's/purchaser's information on the form, the sale/transfer may not
take place.
(2) The
licensee/sheriff shall check the applicant's identification and ensure it meets
the requirements under §
33.102 (relating to
definitions).
(3) The
licensee/sheriff shall ensure the form has been accurately completed.
(4) The licensee/sheriff shall comply with
any applicable waiting period (Federal or State).
(5) If the sale/transfer is not denied, the
transaction may be completed and the licensee/sheriff shall complete the
applicable sections on the form as per block instructions, and provide the
transferee/purchaser a summary of the uniform firearm laws which includes a
safety brochure. The transferee/purchaser shall then sign the designated block
on the form.
(d)
Retail sale/transfer of a handgun or long gun after the implementation
of the instantaneous background check. The following are steps for
completing the application/record of sale for a retail sale/transfer of a
handgun or long gun as required in section 6111(b)(1.1)(i) of the act, upon the
implementation of the instantaneous background check. If the system becomes
inoperable for a period exceeding 48 hours as indicated by the State Police at
the time an instant background check is requested, the licensee/sheriff shall
follow the procedures outlined in subsection (c) for any firearm. This
procedure shall stay in effect during the time indicated by State Police at the
time of the check. However licensees are still required to comply with the
Federal requirements of 18
U.S.C.A. §
922(T)
(relating to the National Instant Criminal Background Check System).
(1) The applicant is provided an
application/record of sale form and shall complete the applicable blocks as
indicated on the form. If the applicant does not complete all of the required
information or checks "yes" to any of the questions under
transferee's/purchaser's information on the form, the sale/transfer may not
take place.
(2) The
licensee/sheriff shall check the applicant's identification and ensure it meets
the requirements under § 33.102.
(3) The licensee/sheriff shall ensure the
form has been accurately completed.
(4) The licensee/sheriff shall request an
instantaneous background check be conducted on the applicant.
(5) If the applicant's instantaneous
background check is approved, the transaction may be completed and the
licensee/sheriff shall complete the applicable sections on the form as per
block instructions, and provide the transferee/purchaser a summary of the
uniform firearm laws which includes a safety brochure. The transferee/purchaser
shall then sign the designated block on the form.
(e)
Private sale/transfer of
handgun. The following are the steps for completing the
application/record of sale for a private sale/transfer involving a handgun:
(1) The licensee/sheriff shall follow the
same procedures as outlined in either subsection (c) or (d), except that the
transferor's/seller's information shall also be included in Section F on the
form before the private sale/transfer can be completed. If the transfer is by
intestate succession or by bequest, the executor or administrator shall act in
the capacity of the transferor/seller. Private sales shall occur only at the
place of business of the licensee, or sheriff's office. The licensee/sheriff
shall follow the procedures as if he was the seller.
(2) The licensee/sheriff shall retain the
application/record of sale as though he were the seller.
(f)
Approval number. An
approval number shall be issued through the instant background check system for
use by the licensee/sheriff for approval of an applicant to complete a firearm,
as defined in section
6111.2 of the act (relating to
firearm sales surcharge), transaction. If the applicant chooses to complete
other firearm transactions on the same day with the same licensee/sheriff, the
approval number shall be valid for use on the subsequent application/record of
sale forms. If the applicant chooses to complete a firearm transaction with a
different licensee/sheriff, a new approval number shall be obtained from the
State Police by that licensee/sheriff and it shall be valid for all firearm
transactions made with the licensee/sheriff for that date, and so on. The
applicant shall be issued a receipt from the licensee/sheriff for each firearm
transaction made. It shall contain the approval number for the firearm
transaction, and date it was given. The application/record of sale may serve as
the receipt.
(g)
Preapproval. At an auction or gun show/meet, an approval
number may be obtained by a potential transferee/purchaser for use during a
later firearm transaction, as defined in section
6111.2 of the act. The potential
transferee/purchaser shall be required to present the required identification
to the licensee/sheriff, complete Section B on the application/record of sale
and pay the required fee. The licensee/sheriff shall then request that an
instantaneous background check be conducted on the potential
transferee/purchaser. If approved, the licensee/sheriff shall place the
approval number and date on the application, and retain it pending any
transactions made by the potential transferee/purchaser on that date.
(1) If the potential transferee/purchaser
conducts a transaction that requires a completed application/record of sale,
the form shall be completed and the transferee/purchaser shall be given a copy
to serve as the receipt.
(2) If the
transferee/purchaser conducts a transaction that does not require a completed
application/record of sale, the transferee/purchaser shall be given a copy of
the partially completed form to serve as the receipt. The State Police copy
shall be voided and forwarded to the State Police. The licensee's/sheriff's
copy shall be retained as required. The licensee/sheriff shall ensure the fee
is included with the surcharge remittance form.
(3) If no transaction is made on that date,
the licensee/sheriff shall void the form. The State Police copy shall be voided
and forwarded to the State Police. The licensee's/sheriff's copy shall be
retained as required. The licensee/sheriff shall ensure the fee is included
with the surcharge remittance form.
(h)
Fees.
(1)
Firearm sales surcharge
. It is the responsibility of the licensee/sheriff to collect the firearm sales
surcharge from the purchaser at the time of the transaction of the firearm, as
defined in section 6111.2 of the act.
(2)
Instantaneous records
check. When the instantaneous records check is operational, a fee
shall be collected by the licensee/sheriff from the requestor at the time a
check is requested, under section 6111(b)(3) of the act.
(3)
Transmittal of fees. The
fees as described in paragraphs (1) and (2), shall be transmitted by the
licensee/sheriff within 14 days of collection by first class mail to the State
Police, Attention: Firearm Unit, 1800 Elmerton Avenue, Harrisburg, Pennsylvania
17110.
(i)
Transmission of fees/surcharges. The licensee/sheriff shall
utilize the surcharge remittance form, and if necessary, the surcharge
remittance continuation form, when transmitting the fees/surcharges referenced
in this subsection. Refer to §
33.112 (relating to surcharge
remittance form).
This section cited in 37 Pa. Code §
33.113 (relating to surcharge
remittance continuation form).