legal ownership of "hand me down" handguns

[tim81688]

I brought my boys to see Grandpa today.
I was bullshitting with my father-inlaw about the 1911 i bought.
He said, ya know i have a couple of guns i have no use for!
(I didn't know he owned any guns.)
Turns out he was dating a widow years ago and she gave him her husbands guns because she had no use for them.( she has since died as well)
He just took the lock box and put it in the closet and never gave it another thought until today.
From a legal stand point can i have these guns?
I don't want to do anthing illegal but hell 3 guns @ no cost to me would be great! ( i only have 2 now).
So can i go get them?
If not what should i tell my father-inlaw to do with them?

[EvoRich]

I believe there is no paper work needed for sales (or hand-me-downs) within the family for any firearms. Not sure if that means immediate family or what.

On a more important note... what kind are they!?

[zackattack784]

First, you MUST go through a FFL. These are the only exceptions:

The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.

Father in law is not included in that list.


Secondly, I do not believe he acquired them legally. Your father-in-law obtaining them through the widow was not legal unless they went through a FFL. I'm not sure what the penalties are (if there are any) for legally purchasing guns through someone who illegally acquired them, but I'm not sure I would want to take that chance.

[GunLawyer001]

Have the FIL transfer them through an FFL. The earlier unlawful transfer (assuming the law at the time required an FFL) by the deceased widow can't be prosecuted, and the argument that the guns are contraband would be hard to prove, and unrewarding for a DA to try.

Unless they are on a list of stolen guns, I don't see a likely problem.

[Curmudgeon]

Since these "guns" are possessed by your father-in-law...

1) If said "guns" are long guns, and your father-in-law and you are both residents of PA, no transfer is necessary, you can have them for whatever arrangements the two of you wish to make.

2) If said "guns" are handguns, or firearms per the PA UFA definition of a firearm, you will need to transfer them through a FFL or your Sheriff. Whatever arrangements you two can agree on is your business. It is "legal for you to have them" as long as you transfer them legally.

The only time a firearm can be "transferred" without requiring a FFL is...

1) Between parent and child, in either direction, or;
2) Between grandparent and grandchild, in either direction, or;
3) Between spouses.

Does that make sense the way I typed it?


ETA: Wow... I type slow.
.

[zackattack784]

Good point, I just assumed they were handguns since he mentioned a lock box. Long arms wouldn't need a FFL.

[tim81688]

widow was from connecticut
father-inlaw in nj (believe he has her paperwork on guns)
no ffl transfer between them
guns are:
High Standard sport-king lightweight sk-100
beretta 3032 tomcat 32
beretta mod- 86 cal.9 short (.380?)

[zackattack784]

widow was from connecticut
father-inlaw in nj (believe he has her paperwork on guns)
no ffl transfer between them
guns are:
High Standard sport-king lightweight sk-100
beretta 3032 tomcat 32
beretta mod- 86 cal.9 short (.380?)

Well from what GL said FFL them and you're good to go! And yes 9mm short (or 9mm Kurz) is .380 .

[tim81688]

Thanks I'll talk to my "friendly" ffl this week!
does anybody have any of these, are they reliable guns?

[nkresho]

I gave this some thought before...

What if the father-in-law gave the guns to his daughter/OP's wife (no ffl needed).

Then the wife gave the guns to her husband/OP (no ffl needed)?

Wouldn't this be a legal way to circumvent the use of a ffl?