Results 1 to 10 of 43
Thread: Being Given Handguns
-
March 30th, 2013, 10:40 PM #1Junior Member
- Join Date
- Mar 2013
- Location
-
Pittsburgh,
Pennsylvania
(Allegheny County) - Posts
- 4
- Rep Power
- 0
Being Given Handguns
Hello. My late brother-in-law was an avid target shooter and small gun collector. He passed away last December, and his wife, my sister, has asked me if I was interested in any of his guns, and/or would help her sell them. The collection consists of about 6 or 7 rifles & shotguns and about 6 handguns. My concern is taking possession of the handguns. Although a hunter and gun owner, I have never owned a handgun or had a permit to own or carry one. I have no criminal background, and know I would pass an intsant check.
Can I legally possess these handguns, and do I have to report them to any agency. I live in Pennsylvania, and my sister will soon be bringing them down from Michigan. She knows to have them in the trunk with no ammunition anywhere in the vehicle.
There will be future posts on helping determine value and what I need to do to legally sell them for her.
-
March 30th, 2013, 11:08 PM #2Grand Member
- Join Date
- Jun 2007
- Location
-
PA,
Pennsylvania
(Delaware County) - Posts
- 3,604
- Rep Power
- 1246703
Re: Being Given Handguns
First. Who "owns" the guns now? Were they inherited to his wife?
If that's the case, they would need to be legally transferred to you and/or your sister via an FFL
I'd assume you guys live in PA and the deceased in MI?
Handguns MUST go through an FFL in PA before you or your sister takes possession of them. Better talk with her BEFORE she gets them and drives home to you.
Long guns MUST go through an FFL in either state.
This is complex and needs more clarification on the will, owners, etc
This also involves Federal and State law
I wouldn't do anything or take possession until you sort out the legalitiesLast edited by BimmerJon; March 30th, 2013 at 11:11 PM.
-
March 30th, 2013, 11:38 PM #3Grand Member
- Join Date
- Jun 2007
- Location
-
PA,
Pennsylvania
(Delaware County) - Posts
- 3,604
- Rep Power
- 1246703
-
March 31st, 2013, 01:23 AM #4
-
March 31st, 2013, 01:45 AM #5
Re: Being Given Handguns
Wrong on two points. 1: OP said the guns are coming from a different state, so federal law kicks in which does not exempt siblings from doing the transfer through licensed dealers. And 2: siblings cannot gift each other handguns without going through a licensed dealer, even if both are residents of PA.
Based on the OP's statement, the guns were inherited by the widow, not the OP so the exception you noted would not apply if she then wanted to give them to her brother in another state.
[oblig: IANAL]
-
March 31st, 2013, 02:12 AM #6
Re: Being Given Handguns
That basically means how the state laws provide for the distribution of property that is not specifically willed to someone. (i.e. who has first dibs.) It appears the widow has gained acquisition of the guns via intestate succession, and since she lives in Michigan and is now the owner of the guns, federal law dictates that she must go through a licensed dealer to transfer them to her brother in PA to keep or sell.
-
March 31st, 2013, 02:21 AM #7
-
March 31st, 2013, 03:09 AM #8
Re: Being Given Handguns
blah blah blah ... I can't hear you ... blah blah blah ... delete that post ASAP ... blah blah blah
For families where hunting and shooting have been a long standing tradition passing down firearms to progeny is very common. When it's something that's been done for many generations many families don't even know about the changes in the laws that now regulate such transfers when the different generations no longer live in the same state. If such a transfer of ownership which was once as simple as a father presenting his prized Ithaca Deerslayer to his son when he was ready to hang up his blaze orange vest for good were now to involve father and son living in different states it would have to go through a licensed dealer according to federal law.
If someone were to post that they were unaware of the law and did such a thing, they should probably delete the comment as quickly as possible before it was quoted and possibly found during a search by those who look for such things on open gun forums.
-
March 31st, 2013, 07:23 AM #9
-
March 31st, 2013, 11:39 AM #10Grand Member
- Join Date
- Sep 2007
- Location
-
SomewhereWestPA,
Pennsylvania
(Allegheny County) - Posts
- 4,520
- Rep Power
- 21474857
Similar Threads
-
C&R and handguns
By bighank in forum PennsylvaniaReplies: 13Last Post: May 22nd, 2012, 05:56 PM -
trying out handguns
By shuff500 in forum PistolsReplies: 4Last Post: May 23rd, 2010, 07:11 AM -
2 Handguns
By NP1724 in forum GeneralReplies: 4Last Post: February 21st, 2009, 05:13 PM
Bookmarks