Legal Question

[GunDog]

A friend of mine had not seen his father in more than 20 yrs. Their relationship was strained. They did not talk for most of these years. After my friends father past away, my friend found a hand gun in his fathers possessions. He does not know if the gun is legally registered or not. Any ideas what should be done. My friend would like to keep the gun. Can it be taken from him if it is not registered? How could he find out if it is registered? Should he go to the state police with it? Any help would be appreciated. Thanks.

[BimmerJon]

Registration of firearms doesn't exist in PA, in fact it's illegal.

How were the fathers possessions distributed out by the executor of the will? If the son got everything, there is nothing further he has to do

It's his

[mp517prct]

If all of this occured in PA... we do not have "registration" therefore, the handgun was not "registered" and because possession is allowed to pass parent-to-child, spouse-to-spouse, or grandparent-to-grandchild without transfer paperwork, he can keep the pistol, and go on with his life. If either he or his father lived outside of PA, it would depend on the laws of that state.

[knight0334]

As mentioned above, there is no registration in PA. Only 5 states have registration - PA isn't one of them.

Your friend's only concern should be how the estate is divvied up. If there was a will, if there was an executor, or if the rules of intestate succession applied.

If there wasn't a will naming him as heir to it, and if the executor(if there was one) didn't reserve it for sale to pay off any debts his dad had - he would possibly be a lawful heir to the property under the rules of intestate succession.

[GunDog]

His father had no will and my friend is the only child. His mother passed away years ago. So then why do we have to have a background check when we buy firearms? Whats done with this paperwork? Forgive me if I don't understand the legal parts of the background paperwork. I assumed that filling out the paperwork was for registration seeing as it was passed to the state police.

[GunDog]

I should explain that my friend is worried that the gun was bought without any kind of check or paperwork of any kind. His father may have bought it along time ago or recently. Its unknown. His father was a person who did not believe the government was there to help him. There were times his father did not pay his taxes. Those fines and fees have been settled. His father had no debt when he passed and owed little in taxes and those were payed.

[BimmerJon]

His father had no will and my friend is the only child. His mother passed away years ago. So then why do we have to have a background check when we buy firearms? Whats done with this paperwork? Forgive me if I don't understand the legal parts of the background paperwork. I assumed that filling out the paperwork was for registration seeing as it was passed to the state police.

We "have to" because PA state law requires firearm (not long gun) transfers take place at an FFL (or a Sheriff). Remember, this is with firearms... long guns (rifles, shotguns, AR15, AK47, etc) are not firearms (per statute specs). In order to transfer at an FFL, federal law requires a background check.

PA has several exceptions though... transfers between parent/child, grandparent/grandchild and spouses are exempt from that requirement and those people can transfers firearms like they were apples or a pencil.

The "paperwork" is kept with the FFL in their bound book but the paperwork sent to the state police should be DESTROYED within 72 hours BY LAW.
We all know that the state police does not in fact destroy this and even worse kept it in an illegal database of registration.

[BimmerJon]

I should explain that my friend is worried that the gun was bought without any kind of check or paperwork of any kind. His father may have bought it along time ago or recently. Its unknown. His father was a person who did not believe the government was there to help him. There were times his father did not pay his taxes. Those fines and fees have been settled. His father had no debt when he passed and owed little in taxes and those were payed.

To be honest, it doesn't matter too much unless you know the firearm was stolen or used in a crime or something.

If you want to go the extra mile... take the firearm to an FFL and get it "transferred" into your "name".

That way, it is on the FFL record that it is "yours". Either way... if the serial needed to be traced for some reason, they are going to start at the manufacturer down

[mccula]

I don't know if this was already said or not, but he should be fine since there is NO "legal" gun registry in PA. (We all know the PSP keeps a completely illegal and incomplete "list" of those who have gone through PICS for each handgun purchase, IE "all legally purchased handguns since (insert whatever date they started keeping this "record") in the state of PA").
HOWEVER, I would strongly suggest unless he finds out beyond the shadow of a doubt that nothing shady happened in this guns past (IE, it was stolen, etc), that he NEVER uses it defensively (carry or home). IANAL, but I don't think it'd be fun trying to prove simultaneously both that you were justified in your defensive shooting and that you didn't steal the gun, get it in a straw purchase, or acquire it through less than legal means.
(Even though there is nothing illegal about the means he actually procured it, without evidence, how will he prove that?)

Just my .02.