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April 3rd, 2013, 11:54 AM #1Junior Member
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York, PA,
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Guns Inherited from MD by PA Resident
Hi,
I am new to this forum. In a nutshell, my father lived in MD and passed away earlier this year.
I am his daughter, the executor of his estate and a PA resident.
Part of firearm collection was willed to my sister (also a PA resident), and myself.
I am under the impresson that no FFL needs to be involved in the transfer of these bequeathed firearms from MD to PA- to my sister and myself as we are listed in the will to receive them and it's a parent/child transfer. Is this correct?
Any insight is appreciated. Thank you.
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April 3rd, 2013, 12:05 PM #2
Re: Guns Inherited from MD by PA Resident
I don't know MD's laws on the subject, but there is no issue with PA and federal law because the transfers are due to bequest(via a will) or intestate succession(family inheritance).
If MD has no issues with it, nothing is required other than the beneficiaries to take possession of the guns. They may receive the items directly via shipment or retrieve the items personally.
The parent/child thing that PA has for instate transfers really isn't part of the equation. That is under PA 6111. What is controlling this is PA 6115 and US 18.922 that exempts transfers due to bequest or intestate succession.
I'm only guessing at this, but I think if I remember correctly - MD doesn't have a problem with this type of transfer so long as some form is filed for the regulated guns(handguns & "assault weapons"). I think the relevant law is § 5-102.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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April 3rd, 2013, 01:18 PM #3
Re: Guns Inherited from MD by PA Resident
I have same situation except my Dad lived in NY State and I am executor and live in PA.
Gunowner99 - NRA Benefactor Life Member
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April 3rd, 2013, 02:59 PM #4
Re: Guns Inherited from MD by PA Resident
No problems with PA or federal. However NY has asinine laws about even touching a handgun.
You will need someone with valid NY gun law experience to answer that. They will likely need to go to a NY FFL first before transfers, which will then require the guns to be shipped to a FFL in any other state.
Any long guns and shotguns that aren't "assault weapons" may be able to be transferred directly without a FFL. Handguns and "assault weapons" will more than likely require a FFL because of NY's laws.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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April 15th, 2015, 09:15 PM #5
Re: Guns Inherited from MD by PA Resident
For questions about NY and estates, do some searches on nyfirearms.com. I know it has been covered several times there.
You'll find some correct legal advice in dealing with the absurd laws along with box them up and just drive them to PA. NY may start kicking and screaming about them later, but there is nothing they can do once they cross state lines and the registered owner has passed away.
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