Guidelines for ‘ghost guns’ vendors issued by state police

Firearm sellers are now required to conduct a background check for anyone attempting to purchase a partially manufactured frame or receiver via the Pennsylvania Instant Check System (PICS).

State Police told firearms dealers to expect an automated system to process background checks for the lawful transfer or sale of so-called “ghost guns,” partially manufactured firearm kits that can be assembled by a purchaser with no traceability. However, PICS background checks currently cannot be performed online, state police officials said, adding there is no concrete date yet for when it will be available.

In the meanwhile, gun vendors are required to report a background check for the sale or transfer of a partially manufactured firearm kit to a PICS operator, who reports back whether it is approved or denied. Purchasers and sellers will also be required to fill out an application for purchase, accessible on the state police website, with a unique approval number administered by PICS.

The state police’s new enforcement mechanism, communicated to gun dealers across the state in a Jan. 9 letter, puts into practice State Attorney General Josh Shapiro’s binding opinion that partially manufactured firearms are to be treated like any other firearm under Pennsylvania state law. That means purchasers must undergo a background check before lawfully obtaining a partially manufactured firearm, also known as 80% receivers, and anyone convicted of robbery or assault cannot lawfully obtain one.

“My office is taking the initial step of clarifying, through my official legal opinion, that under Pennsylvania law, 80% receivers are firearms and can be treated, regulated and enforced as such,” Shapiro said at a news conference in December. “The proliferation of these untraceable weapons strikes at the heart of our public safety, hindering law enforcement’s ability to protect our communities.”