Posted: 12/12/2009 6:04:01 AM EDT
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My step-grandfather passed away a couple of weeks ago and left behind a few handguns. I don't believe he had a will so the guns are now under my grandmother's control and she doesn't want them. I've offered to buy them from her since money's a little tight for her but she has some concerns regarding registration. PAFOA.org says that in PA all handgun transfers must be done through an FFL but what about in the case of death?
For the record, I live in OH, have an 03 FFL, and work for an 01 FFL, so I can get them shipped to my work no problem to satisfy federal law, but she wants the guns "out of his name" in case anything happens to the guns. She doesn't want his good name smeared just in the event the guns are stolen from me and used in a crime. So does she have to have them transferred to her through an FFL? Would a bill of sale satisfy any fears she has? Thanks in advance. |
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You need to find out how to transfer possesions from an Estate - probably should ask a Lawyer.
Otherwise - here is the legal info.  See the last part I highlighted.........
––––––––––––––––––––––––––––––––––––––––––- Pennsylvania Uniform Firearms Act http://www.acslpa.org/pa_uniform_firearms_act.htm –––––––––––––––––––––––––––––––––––– §6111. Sale or transfer of firearms. (a) Time and manner of delivery.–– (1) Except as provided in paragraph (2), no seller shall deliver a firearm to the purchaser or transferee thereof until 48 hours shall have elapsed from the time of the application for the purchase thereof, and, when delivered, the firearm shall be securely wrapped and shall be unloaded. (2) Thirty days after publication in the Pennsylvania Bulletin that the Instantaneous Criminal History Records Check System has been established in accordance with the Brady Handgun Violence Prevention Act (Public Law 103- 159, 18 U.S.C. § 921 et seq.), no seller shall deliver a firearm to the purchaser thereof until the provisions of this section have been satisfied, and, when delivered, the firearm shall be securely wrapped and shall be unloaded. (b) Duty of seller.––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, until the conditions of subsection (a) have been satisfied and until he has: (1) For purposes of a firearm as defined in section 6102 (relating to definitions), obtained a completed application/record of sale from the potential buyer or transferee to 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. The form of this application/record of sale shall be no more than one page in length and shall be promulgated by the Pennsylvania State Police and provided by the licensed importer, licensed manufacturer or licensed dealer. The application/record of sale shall include the name, address, birthdate, gender, race, physical description and Social Security number of the purchaser or transferee, the date of the application and the caliber, length of barrel, make, model and manufacturer's number of the firearm to be purchased or transferred. The application/record of sale shall also contain the following question: Are you the actual buyer of the firearm(s), as defined under 18 Pa.C.S. § 6102 (relating to definitions), listed on this application/record of sale? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person, unless you are legitimately acquiring the firearm as a gift for any of the following individuals who are legally eligible to own a firearm: (1) spouse; (2) parent; (3) child; (4) grandparent; or (5) grandchild. |
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There should be no "estate" issue here, the guns belong to the grandmother now, not an estate in probate. The part in blue takes care of that.
Also, I believe the part you highlighted in blue only applies when both family members are residents of PA, so your grandma cannot just give them to you, being an OH resident. The only thing you need to do is have her send them to your FFL, either via UPS Next Day Air or through an FFL. There's no way to "take them off a registry", as it were, in PA. Tell your grandma that they will be logged into your FFL, and that provides proof of transfer out of her possession. ETA: And a bill of from her to you would also help her feel better, too, I'm sure. |
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Yup, what the other poster said.
The firearms now belong to your grandmother. Were you a resident of PA, she could give them to you. Done deal. However, since you are not a resident of PA and the firearms were not part of a will, your grandmother needs to go through a FFL. |
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Quoted:
There should be no "estate" issue here, the guns belong to the grandmother now, not an estate in probate. The part in blue takes care of that. Also, I believe the part you highlighted in blue only applies when both family members are residents of PA, so your grandma cannot just give them to you, being an OH resident. The only thing you need to do is have her send them to your FFL, either via UPS Next Day Air or through an FFL. There's no way to "take them off a registry", as it were, in PA. Tell your grandma that they will be logged into your FFL, and that provides proof of transfer out of her possession. ETA: And a bill of from her to you would also help her feel better, too, I'm sure. Like I said I work for an 01 FFL so I know what has to be done to get them to me. I'm prepared to give her a bill of sale too. I'll talk to my uncle who's a lawyer in Cherry Hill. He probably won't know but being right across the border he's bound to know someone who might know the answer for sure. Thanks. |
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Quoted:
There should be no "estate" issue here, the guns belong to the grandmother now, not an estate in probate. The part in blue takes care of that. Also, I believe the part you highlighted in blue only applies when both family members are residents of PA, so your grandma cannot just give them to you, being an OH resident. The only thing you need to do is have her send them to your FFL, either via UPS Next Day Air or through an FFL. There's no way to "take them off a registry", as it were, in PA. Tell your grandma that they will be logged into your FFL, and that provides proof of transfer out of her possession. ETA: And a bill of from her to you would also help her feel better, too, I'm sure.  Are you a LAWYER?
Here's a simple article about PA Estate Law Dying Without a Will - the law of Intestate Succession in Pennsylvania AND the LAW itself. http://www.alignedpartners.com/entry_pages/Title_20_web_entry_page.htm Good Luck |
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Quoted:
Quoted:
There should be no "estate" issue here, the guns belong to the grandmother now, not an estate in probate. The part in blue takes care of that. Also, I believe the part you highlighted in blue only applies when both family members are residents of PA, so your grandma cannot just give them to you, being an OH resident. The only thing you need to do is have her send them to your FFL, either via UPS Next Day Air or through an FFL. There's no way to "take them off a registry", as it were, in PA. Tell your grandma that they will be logged into your FFL, and that provides proof of transfer out of her possession. ETA: And a bill of from her to you would also help her feel better, too, I'm sure. Are you a LAWYER?
Here's a simple article about PA Estate Law Dying Without a Will - the law of Intestate Succession in Pennsylvania AND the LAW itself. http://www.alignedpartners.com/entry_pages/Title_20_web_entry_page.htm Good Luck § 2102. Share of surviving spouse.
The intestate share of a decedent's surviving spouse is: (1) If there is no surviving issue or parent of the decedent, the entire intestate estate. Sounds like BWPerdue is right to me... |