Hypothetical question here...

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Thread: Hypothetical question here...

  1. #1
    Distinguished Member Array Pro2A's Avatar
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    Hypothetical question here...

    Lets say I wanted to buy a class 3 item at some point. No I'm not buying one anytime soon, this question is just more to quell the curiosity.

    I know how to get one, but I've always wondered if there was some law requiring your local LE to sign off on the item, or if they signed off on it based on how to felt that day?

    Basically are class 3 items "may issue" or "shall issue" in Pennsylvania.

    I looked at this map, but didn't understand what it meant.

    http://www.opencarry.org/images/machinegunmap.png

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  3. #2
    JD
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    I'm thinking that the NFA Section at the PAFOA would be a better place to get that info, I know DanP has gone through great measures to find out info one each county in PA.

    NFA/Class 3/Title II

    According to the page below, Franklin County is NFA friendly.
    Firearm/Gun Information for Each Pennsylvania County

  4. #3
    Distinguished Member Array Pro2A's Avatar
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    Quote Originally Posted by JD View Post
    I'm thinking that the NFA Section at the PAFOA would be a better place to get that info, I know DanP has gone through great measures to find out info one each county in PA.

    NFA/Class 3/Title II

    According to the page below, Franklin County is NFA friendly.
    Firearm/Gun Information for Each Pennsylvania County
    Ya I asked there too. I thew it out here to get an objective opinion as well

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    JD
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    Quote Originally Posted by Pro2A View Post
    Ya I asked there too. I thew it out here to get an objective opinion as well
    All righty then...

    Regarding the map from OCDO, there are three categories, states where the counties/local LEO DON'T have some say in the matter.

    States where counties/local LEO DO have a say in the matter (PA for one)

    And states where some NFA items are not allowed to be possessed.

    According to what I've seen regarding NFA items in PA, they (Local LE) do not have to sign off of the paperwork if they don't want to, so in essence PA is "may issue" when it comes to NFA items.

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    Member Array Randy's Avatar
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    The map shows where machine gun possession by civilians is allowed and differentiates those states having regulations or requirements beyond those imposed by the federal government.

    When acquiring a Title II item as an individual, you will need a signature by your CLEO or other official as specified by ATF on your "form 4". This is an ATF requirement, not a state requirement.

    I do not know if CLEOs in PA are "required" to sign the form 4. Some places they cannot refuse to sign if you can lawfully possess the item (Tennessee, for example) and in other places they are allowed to refuse.

    Give a local FFL/SOT a call.

    "May issue" and "shall issue" are terms used to differentiate between states that, providing there are no disqualifying events in your criminal history, may issue you a concealed handgun/weapon permit at their discretion from those that must issue you a concealed handgun/weapon permit upon application.

    Randy

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    Distinguished Member Array Pro2A's Avatar
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    Ok. That makes more sense. Basically saying that PA is a "may issue" class 3 state. The sheriff can decide if he wants to approve it or not. Thats what I gather at least.

    Quote Originally Posted by Randy View Post
    "May issue" and "shall issue" are terms used to differentiate between states that, providing there are no disqualifying events in your criminal history, may issue you a concealed handgun/weapon permit at their discretion from those that must issue you a concealed handgun/weapon permit upon application.

    Randy
    Ya I know about that CC permits, I was just applying it to the class 3 items as well as I couldn't think of a better term to describe if they are required by law or not.

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    Distinguished Member Array GWRedDragon's Avatar
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    I think federal law itself makes all machinegun purchases 'may issue'...as in, federal law requires the locals to sign off on it and there is no requirement for them to do so.
    "Trust in God with hand on sword" -Inscription on my family's coat of arms from medieval England
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