Handgun transfer Question

[f15david]

Hi Everyone,

I have a interesting question. I received a collection of my fathers firearms from his estate. I know that transfer from parent to child is exempt from PA transfer policy. My question pertains to one specific handgun. My father aquired this firearm legally while living in another state.(I do not believe a background check for needed) When he moved back to PA he brought the gun with him so there was no background check from through PA. I want to carry the gun but am concerned about legal issues that may arise if the gun is checked against my name or if I am ever forced to use the firearm for self defense. Is there anyway to get the gun in my name or should I just keep it in the safe?
Thanks for reading
Fred

[Curmudgeon]

If you really want to do this, all that is required is that you find a FFL (your favorite gun shop for example) and ask them to transfer the gun to you. There are many that will do this for a fee generally ranging from a low of about $20 to as much as $50 or even higher, so shop around.

[tl_3237]

Hi Everyone,

I have a interesting question. I received a collection of my fathers firearms from his estate. I know that transfer from parent to child is exempt from PA transfer policy. My question pertains to one specific handgun. My father aquired this firearm legally while living in another state.(I do not believe a background check for needed) When he moved back to PA he brought the gun with him so there was no background check from through PA. I want to carry the gun but am concerned about legal issues that may arise if the gun is checked against my name or if I am ever forced to use the firearm for self defense. Is there anyway to get the gun in my name or should I just keep it in the safe?
Thanks for reading
Fred

Curmudgeon correctly answered your basic question.

You made a fairly common mistake however with respect to how that transfer is occurring legally . You did not receive the firearms from your father but instead as bequested from your father's estate - a totally separate legal entity apart from your father the person. As such that inheritance transfer enjoyed the exemption of 18 PA CSA 6115(b)(2) for estate distributions as well as a Federal exemption if an inheritance was interstate (18 USC 922(a)(5)(A) and (a)(3)(A)). For estate distributions FFL involvement is not required and the transfer can be made directly and legally between the executor and the beneficiary (assuming the beneficiary is not prohibited from possessing firearms).

Estates do not qualify under the oft mis-cited 18 Pa CSA 6111(c) because they have no familial relationship with the beneficiaries.

[GunLawyer001]

Curmudgeon correctly answered your basic question.

You made a fairly common mistake however with respect to how that transfer is occurring legally . You did not receive the firearms from your father but instead as bequested from your father's estate - a totally separate legal entity apart from your father the person. As such that inheritance transfer enjoyed the exemption of 18 PA CSA 6115(b)(2) for estate distributions as well as a Federal exemption if an inheritance was interstate (18 USC 922(5)(A) and (3)(A)). For estate distributions FFL involvement is not required and the transfer can be made directly and legally between the executor and the beneficiary (assuming the beneficiary is not prohibited from possessing firearms).

Estates do not qualify under the oft mis-cited 18 Pa CSA 6111(c) because they have no familial relationship with the beneficiaries.

Rep button not working; could 3 or 4 other members give him some positive rep?

My advice (and I didn't always think this, but Jon Mirowitz makes a compelling case) is for every estate executor or administrator to do all firearm transfers through an FFL. This protects the estate, which is the PRIMARY obligation of the estate representative, and has the bonus of "putting guns into the recipients names", which helps avoid unwarranted seizures.

[Noah_Zark]

Rep button not working; could 3 or 4 other members give him some positive rep?

Done.

Noah

[f15david]

Curmudgeon correctly answered your basic question.

You made a fairly common mistake however with respect to how that transfer is occurring legally . You did not receive the firearms from your father but instead as bequested from your father's estate - a totally separate legal entity apart from your father the person. As such that inheritance transfer enjoyed the exemption of 18 PA CSA 6115(b)(2) for estate distributions as well as a Federal exemption if an inheritance was interstate (18 USC 922(a)(5)(A) and (a)(3)(A)). For estate distributions FFL involvement is not required and the transfer can be made directly and legally between the executor and the beneficiary (assuming the beneficiary is not prohibited from possessing firearms).

Estates do not qualify under the oft mis-cited 18 Pa CSA 6111(c) because they have no familial relationship with the beneficiaries.

Im glad you posted that. I did not realize that when I took ownership of the guns. I did my research but didnt come across estate distribuitons. Not to mention the ffl I was dealing with informed me that parent to child transfer is exept. Sort of misleading.

Either way, it was mentioned that I can just go to an ffl to have the gun transfered to me? It doesnt need to be transfered for someone else to me?

Thanks for all the input
Fred

[41 Redhawk]

Rep button not working; could 3 or 4 other members give him some positive rep?

Done as well

[Thomasconnor]

I know I would not register a gun if I already legally owned it. Is risk of unwarranted seizure the only downside?

[rwb1500]

I know I would not register a gun if I already legally owned it. Is risk of unwarranted seizure the only downside?

Technically he didn't already legally own the guns. He received them as part of his fathers estate, his father didn't directly give them to him.

[knight0334]

Im glad you posted that. I did not realize that when I took ownership of the guns. I did my research but didnt come across estate distribuitons. Not to mention the ffl I was dealing with informed me that parent to child transfer is exept. Sort of misleading.

Either way, it was mentioned that I can just go to an ffl to have the gun transfered to me? It doesnt need to be transfered for someone else to me?

Thanks for all the input
Fred

There is no legal requirement that it be transferred for another actual being when doing self-to-self recordings. You would be both.

With sheriff transfers, the sheriff is the person signing away of the gun when he wasn't the actual person owning it.

What really matters is the person it is going to.