Being Given Handguns

[photoguy]

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.

[BimmerJon]

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 legalities

[BimmerJon]

The handguns must be transfered from your sister to you via a FFL.
I think that's all that would be required as far as PA law.
I can't say what MI would need your sister to do though.

So would the long guns

In fact, the SIL would need to use an FFL to the sister too

[Curmudgeon]

IANAL but I would think blood relatives trumps all here. She is your sister and giving you - her brother, her own property - family to family. This isn't NFA here requiring special forms, just straight up guns.

Wrong.

....

[str8shooter]

IANAL but I would think blood relatives trumps all here. She is your sister and giving you - her brother, her own property - family to family. This isn't NFA here requiring special forms, just straight up guns.

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.

In PA anyone can give a long gun (non NFA) to anyone else (who isn't prohibited) without a FFL transfer regardless of blood relation.
The handguns would have to go through a FFL because siblings are not an exception.

EDIT:
I think this is the federal law that would apply (in blue):
"18 USC §922. Unlawful acts
(a) It shall be unlawful-

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;"

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]

[str8shooter]

I don't know, you could be right, I guess I'm not sure what is meant by "an acquisition by succession of a firearm by"?
I think that means that if it's an acquisition permitted by the state, it's permitted by federal law.

"or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence,

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.

[ray h]

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.

After rereading it, I agree.

[str8shooter]

After rereading it, I agree.
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.
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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.

[ray h]

blah blah blah ... I can't hear you ... blah blah blah ... delete that post ASAP ... blah blah blah

You heard it on the internet, it must be true.

[nfafan]

<snip>

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.

<snip>

Sad. We've lost more rights over the past several decades than we realize.

And we will soon "comprimise" to lose our right to private sales as well.