IMPACT OF NEW GUN BILL ON CURIO AND RELIC LICENSEES
By: Veronica Rose, Chief Analyst
You asked (1) if PA 13-3 requires a licensed collector of curio and relic firearms to undergo criminal history record checks when buying long guns, including curio and relic firearms and (2) whether such licensees are exempt from the assault weapons ban if the assault weapon is a curio or relic.
This office is not authorized to give legal opinions and this report should not be construed as such.
Based on a review of PA 13-3 and federal law pertaining to curios and relics, we believe that a federally licensed collector of curio and relic firearms is subject to all the provisions governing nonlicensees and therefore must undergo background checks when acquiring any long gun, including curio and relic firearms. Also, like nonlicensees, they are subject to all the provisions governing assault weapons.
PA 13-3 requires anyone acquiring a long gun to have a state-issued credential and undergo criminal history background checks as a condition of getting the firearm. It exempts specified federal firearm licensees, but not licensed collectors. A collector's license allows collectors of curio and relic firearms, as defined in federal law, to (1) acquire in interstate or foreign commerce firearms classified under federal law as curios or relics and (2) dispose of such firearms within their state of residence to anyone not prohibited by federal law and out of state to any federal firearms licensee. The federal law does not exempt the licensee from any other pertinent law, state or federal, governing the specific firearms being collected.
With regard to the expanded assault weapons ban, PA 13-3 does not define curios or relics or exempt such firearms from the laws pertaining to assault weapons. And it does not exempt transactions by licensed collectors from its prohibitions.
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