37 Pa. Code § 33.102

Current through Register Vol. 54, No. 49, December 7, 2024

Section 33.102 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Firearm as defined in section 6102 of the act-A pistol or revolver with a barrel length less than 15 inches, a shotgun with a barrel length less than 18 inches or a rifle with a barrel length less than 16 inches, or a pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm shall be determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable.

Firearm as defined in section 6111.2 of the act-A weapon which is designed to or may readily be converted to expel a projectile by the action of an explosion or the frame or receiver of the weapon.

Gun show/meet-A function sponsored by a National, state or local organization, devoted to the collection, competitive use or other sporting use of firearms, as defined in section 6111.2 of the act (relating to firearm sales surcharge), or an organization or association that sponsors functions devoted to the collection, competitive use or other sporting use of firearms, as defined in section 6111.2 of the act, in the community.

Handgun-A pistol or revolver with a barrel length less than 15 inches, a shotgun with a barrel length less than 18 inches or a rifle with a barrel length less than 16 inches, or a pistol, revolver, rifle or shotgun with an overall length of less than 26 inches. The barrel length of a firearm is determined by measuring from the muzzle of the barrel to the face of the closed action, bolt or cylinder, whichever is applicable as defined in section 6102 of the act.

Identification-

(i) Includes the following documents, which shall be accepted by dealers:

(A) A valid photo driver's license.

(B) A valid government-issued photo identification card.

(ii) To be acceptable, a government-issued photo identification card shall contain the holder's name, date of birth and signature. If it does not contain the holder's current address, another document containing that address such as a current utility bill, residential lease agreement, mortgage, and the like, shall be presented.

(iii) If the applicant is a member of a religious sect or community whose tenets forbid or discourage the taking of photographs, dealers shall accept a valid without-photo driver's license, or a combination of three of the following types of identification. If none of those three contain the applicant's current address, the applicant shall have another document containing the name and current address such as a current utility bill, residential lease agreement, mortgage, and the like.

(A) A valid government-issued identification card.

(B) A birth certificate.

(C) A Social Security card.

(D) A valid Pennsylvania license to carry firearms issued under section 6109 of the act (relating to licenses). To be accepted as a valid Pennsylvania license to carry firearms, a license issued after July 1, 1998, shall be on a form identical to the one prescribed by the State Police.

Licensee-A person, partnership, association or corporation issued a license by the Commonwealth, or a political subdivision thereof, to sell or transfer a firearm.

Long-gun-The term includes any weapon, that is not a handgun, designed to or may readily be converted to expel a projectile by the action of an explosion, or the frame or receiver of the weapon.

PICS-Pennsylvania Instant Check System-The Pennsylvania instantaneous records check system established under the act and in accordance with the Brady Handgun Violence Prevention Act, 18 U.S.C.A. §§ 921-925A.

Private sale-A sale or transfer between two non-licensed persons as referred to in section 6111 of the act (relating to sale or transfer of firearms).

Responsible person-In addition to a sole proprietor, a responsible person is:

(i) In the case of a corporation, partnership or association, an individual possessing, directly or indirectly, the power to direct or cause the direction of the management, policies and practices of the corporation, partnership or association, insofar as they pertain to firearms, as defined in section 6111.2 of the act.

(ii) In the case of a corporation, association or similar organization, a person owning 10% or more of the outstanding shares of stock issued by the applicant, and the officers and directors thereof.

Sheriff-The sheriff of the county, or the chief or head of the police department in a city of the first class.

37 Pa. Code § 33.102

The provisions of this § 33.102 adopted February 23, 2001, effective 2/24/2001, 31 Pa.B. 1145.

This section cited in 37 Pa. Code § 33.111 (relating to application/record of sale).