Gun law in the United States is defined by a number of state and federal statutes.  Sale or delivery of firearms is restricted in Pennsylvania like any other U.S. state.  In almost all the states of the U.S., an importer, manufacturer, dealer or collector shall be licensed under the federal gun control act of 1968 to be a lawful seller.

As per the laws of Pennsylvania, no licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector.  For selling firearm, seller shall obtain a completed application/record of sale from the potential buyer or transferee.  The form shall be filled out in triplicate.  The original copy to be sent to the Pennsylvania State Police, postmarked via first class mail, within 14 days of the sale, one copy to be retained by the licensed importer, licensed manufacturer or licensed dealer for a period of 20 years and one copy to be provided to the purchaser or transferee.

For purposes of conducting the criminal history, juvenile delinquency and mental health records background check which shall be completed within ten days of receipt of the information from the dealer, the application/record of sale shall include the name, address, birth date, gender, race, physical description and social security number of the purchaser or transferee and the date of application.  However, no information regarding the type of firearm need be included other than an indication that the firearm exceeds the barrel lengths set forth in section 6102.

Further, a potential purchaser should submit a photo identification including, but not limited to, a driver’s license, official Pennsylvania photo identification card or official government photo identification card.  In the case of a potential buyer or transferee who is a member of a recognized religious sect or community whose tenets forbid or discourage the taking of photographs of members of that sect or community, a seller shall accept a valid-without-photo driver’s license or a combination of documents, as prescribed by the Pennsylvania State Police.

Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff’s office.  The latter of who shall follow the procedure as if he were the seller of the firearm.  These provisions do not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.  However, these laws shall not apply to the following:

• Any firearm manufactured on or before 1898,
• Any firearm with a matchlock, flintlock or percussion cap type of ignition system,
• Any replica of any firearm which is not designed or redesigned to use rimfire or conventional center fire fixed ammunition; or uses rimfire or conventional center fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.[i]

Each sale of a firearm is subjected to tax under Article II of the act of March 4, 1971 (P.L. 6, No. 2), known as the Tax Reform Code of 1971.  Firearm Sale Surcharge, an additional surcharge of $ 3 is also applicable.  All moneys received from this surcharge shall be deposited in the Firearm Instant Records Check Fund[ii].

Compliance with the provisions of this section shall be a defense to any criminal complaint under the laws of this Commonwealth or other claim or cause of action arising from the sale or transfer of any firearm.

[i] 18 Pa.C.S. § 6111

[ii] 18 Pa.C.S. § 6111.2