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Thread: Estate Handgun Transfer Question
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September 11th, 2011, 12:04 AM #1Junior Member
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Estate Handgun Transfer Question
I am the Executrix of my father's estate. The beneficiary who is a non-family member gave her son (or sons) handguns that are registered in my father's name. I asked my estate attorney if I had a legal responsibility to transfer them, and she said the recipient just had to apply for a permit and there was nothing that I was required to do. I need clarification on this issue. And, is there anyway to find out if those handguns are still registered in my father's name?...or if the beneficiary transferred them? I would think as Executrix I am the only person that can make this transfer, but I'm not sure.
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September 11th, 2011, 12:09 AM #2
Re: Estate Handgun Transfer Question
Firearms are not registered in PA. So they would not be registered in anyone's name. However, to transfer from his estate to a person who is not an offspring or spouse, you would have to go through an FFL, not "just get a permit", whatever that "permit" may be.
Im not a lawyer, but I think the fellow doesnt know what he is talking about.
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September 11th, 2011, 07:53 AM #3
Re: Estate Handgun Transfer Question
if the recipient of the firearms is a NJ resident then he would have to get a permit to purchase pistols and if rifles are involved there's a seperate permit for long gun purchases, plus all firearms must transfer through an FFL. if the receipient is a resident of PA the pistols just need to be transferred through an FFL from you as executor to him. if long guns are involved and you're confident this person is not prohibited rifles can be transferred directly from you to him without involving an FFL. if the recipient is not a resident of PA then all firearms must be transferred through an FFL.
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September 11th, 2011, 07:59 AM #4
Re: Estate Handgun Transfer Question
When a friend died a few years ago, a death certificate was given to the gun shop. The new owner would take the gun to the shop. The paperwork would then be completed.
troll Free. It's all in your mind.
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September 11th, 2011, 10:06 AM #5Junior Member
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Re: Estate Handgun Transfer Question
One of the recipients may be a NY resident, but the bottom line is...I do not know where these handguns are. The beneficiary does not return my calls. Is there anything I should through the law? Or, just let this issue go. I don't want this coming back on me.
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September 11th, 2011, 10:31 AM #6
Re: Estate Handgun Transfer Question
As the executor of the estate you are responsible for transferring the assets (guns) to the beneficiary.
How did she gift the guns to her son? If the son is NOT a beneficiary to the estate then that gift from her to him is a transfer totally outside the estate distribution and outside your authority/duties.
If the beneficiary is a Pa or NJ resident then, under Federal (18 USC 922(a)(5)(A) and (3)(A)), Pa (18 Pa CSA 6115(b)(2)) and NJ (NJS 2C:58-3j) law ,you can distribute the guns from the estate to the beneficiary without any permits or FFL involvement and even when that transfer is interstate provided you have no knowledge of the beneficiary being disqualified from possession.
If the beneficiary resides in other than Pa or NJ you have to check the laws of her state.Last edited by tl_3237; September 11th, 2011 at 11:14 AM.
IANAL
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September 11th, 2011, 10:36 AM #7
Re: Estate Handgun Transfer Question
As the executor it is your duty to collect the estate's assets, pay outstanding debts, and distribute the residuals to the beneficiaries in accordance with the will or intestate statutes.
If you don't know where the guns are then how do you know they are part of the estate? How did the beneficiary get possession - were they gifts before death or entrusted to the beneficiary for safekeeping before death?Last edited by tl_3237; September 11th, 2011 at 10:44 AM.
IANAL
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September 11th, 2011, 01:23 PM #8Junior Member
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Re: Estate Handgun Transfer Question
The beneficiary is a female friend if my fathers...she did not tell me I was the executrix until one month after his death. She began transferring assets into her own name paying off debts, etc without my knowledge. My brother informed me I was executrix after the beneficiary told him she needed my help to remove my dads name from the deed to their house. My brother also informed me about the guns which my dad wanted him to get after he died...that was a verbal request he made to his beneficiary...and when my brother asked her about them she told him she gave them to her sons. I know one of her sons lives in Brooklyn, NY and has a history of heroine addiction. I do not know if I should contact the PA State Police? Or what else if anything I should do??
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September 11th, 2011, 01:26 PM #9
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September 11th, 2011, 01:42 PM #10Junior Member
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Re: Estate Handgun Transfer Question
I did ask the estate lawyer and she gave me incorrect advice and I just fired her today since she is not getting back to me to help me rectify this situation. I will discuss with my new estate attorney what action I should take. I was thinking about calling the state police tomorrow but I suppose I should wait on the legal advice. Thank you all for the feedback!
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