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Old January 9th, 2011, 09:19 PM
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Cool Gun transfer from deceased family member

My step-mother's brother is recently deceased and was a long time member of the Pennsylvania Law Enforcement community. He had a small collection of firearms mostly consisting of pistols. My step-mother wants me to have them I am more than willing to accept. I have done some research and as far as I can see there are no registration laws in PA. I need to transfer these guns into my name as the legal owner. What is correct legal process for this transaction to be made?

Thanks,
JB
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  #2 (permalink)  
Old January 9th, 2011, 09:47 PM
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Default Re: Gun transfer from deceased family member

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Originally Posted by jb4802 View Post
My step-mother's brother is recently deceased and was a long time member of the Pennsylvania Law Enforcement community. He had a small collection of firearms mostly consisting of pistols. My step-mother wants me to have them I am more than willing to accept. I have done some research and as far as I can see there are no registration laws in PA. I need to transfer these guns into my name as the legal owner. What is correct legal process for this transaction to be made?

Thanks,
JB
here is a brief outline

Since you list you place as Colorado Springs, Colorado.

She / you need to make arrangements to have the firearms sent FFL dealer in PA to a FFL dealer in your state of residence.

After they get to the FFL dealer in your home state they can be transferred to you just like any other firearm, instant check / background check, you pay the FFL dealer fees. (might be able to direct from her to FFL dealer in your state verify this first)

Pistols cannot be transferred in PA to out of state residences directly (see above), only long guns.

Someone will come in and post the regulations, offers of other advice and more details including posting the related section of the law.

Hope this outline was helpful, Congratulation on your new acquisitions.
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Old January 9th, 2011, 09:58 PM
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Default Re: Gun transfer from deceased family member

Sorry for your families loss. Good luck in the legal transfers. With the help of the people here and maybe some research on the side it should be painless. Like said pistols will need an FFL for out of state though. I don't know if Estate transfers are any different than single transfers. The 2 per week cap (which may only be PA). I don't know just thinking out loud.

Again sorry for the loss. Let the memory live on down range!
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Old January 9th, 2011, 10:27 PM
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Default Re: Gun transfer from deceased family member

Quote:
Originally Posted by WhiteFeather View Post
here is a brief outline

Since you list you place as Colorado Springs, Colorado.

She / you need to make arrangements to have the firearms sent FFL dealer in PA to a FFL dealer in your state of residence.

After they get to the FFL dealer in your home state they can be transferred to you just like any other firearm, instant check / background check, you pay the FFL dealer fees. (might be able to direct from her to FFL dealer in your state verify this first)

Pistols cannot be transferred in PA to out of state residences directly (see above), only long guns.

Someone will come in and post the regulations, offers of other advice and more details including posting the related section of the law.

Hope this outline was helpful, Congratulation on your new acquisitions.
Except if the guns are of bequest or intestate succession, handgun or long gun. Which would need being named in a will or of lawful inheritance(which has certain priorities to certain family members). PA state law and federal law allows interstate transfers if bequest/intestate succession firearms without paperwork PA 18.61.6115(b)(2) and US 18.44.922.(5)(A).

I do agree though that the firearms will need to be shipped to a FFL in CO because there appears to be a lack of naming, and the relations to the deceased isn't of intestate succession. The executor of his estate should arrange for the firearms to be shipped to a FFL in CO. While FFL to FFL isn't required, it'll make life easier - besides USPS shipping of guns is cheaper, which a FFL can do.
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Last edited by knight0334; January 9th, 2011 at 10:30 PM.
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Old January 10th, 2011, 01:51 AM
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Default Re: Gun transfer from deceased family member

im not a lawyer but i am the executor for my fathers estate and i did the same for an elderly relative. i dont believe that you have to be named for it to be considered a bequest. the relatives will stated that i was to decide the distribution of personal property as i saw fit.

in any case id check with a lawyer who does estate law instead of bunch of gun guys on the internet.
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Old January 10th, 2011, 07:50 AM
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Default Re: Gun transfer from deceased family member

Quote:
Originally Posted by jb4802 View Post
My step-mother's brother is recently deceased and was a long time member of the Pennsylvania Law Enforcement community. He had a small collection of firearms mostly consisting of pistols. My step-mother wants me to have them I am more than willing to accept. I have done some research and as far as I can see there are no registration laws in PA. I need to transfer these guns into my name as the legal owner. What is correct legal process for this transaction to be made?

Thanks,
JB
It looks like you are in CO and your Step-mother is in another state (PA?). For you to get the guns your step mom will need to send them to a FFL in CO that will do the transfer to you. She does not have to use a FFL to send them if the receiving FFL will accept a shipment from a non-FFL (many will not, I don't know why). If she sends them she will have to use a commercial carrier to do this (typically UPS or FedEx). If the FFL will not accept from a non-FFL, then she will have to find a FFL near her that will do the shipping for her. FFL to FFL can go USPS and can cut the cost considerably.

For it to be a bequest shipment (direct shipment to the person), the person receiving the guns must be named in the will. An executor just parceling out the goods must still do the transfers according to the laws.

Also, to all, be advised, shipment of ANY firearm (long arm or handgun) from one state to another must be transferred through a FFL in the receivers state of residence (with the exception of shipment for hunting/legal purposes). This is different than a person from one state going to another state (in person) and buying a longarm. A person from a different state can buy a longarm from a FFL in any state. A person from one state CANNOT buy a longarm from a private party (FTF) in another state, that purchase has to go through a FFL.

From the BATFE:
478.29 Out-of-State acquisition of firearms by nonlicensees.
top

No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,

Also from the BATFE:
Q: To whom may an unlicensed person transfer firearms under the GCA?

A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]

Q: From whom may an unlicensed person acquire a firearm under the GCA?

A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

Q: May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser’s State of residence for the purchaser to obtain the firearm from the dealer.

[18 U.S.C. 922(a)(3) and 922(b)(3)]

Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?

Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

Q: What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction?

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are “same-State” residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S.C. 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.

There may be State or local laws or regulations that govern this type of transaction. Contact State Police units or the office of your State Attorney General for information on any such requirements.

Please note that if a private person wants to obtain a firearm from a private person who resides in another State, the firearm will have to be shipped to an FFL in the buyer’s State. The FFL will be responsible for record keeping.


All of the above info can be found on the BATFE web site.
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