gun transfer law

[mike12_nguyen]

hi all,

i am having a really hard time researching what to do with gun register/transfer law. my stepfather passed away last year and i wound up getting 2 of his guns from florida. i have both of them already. i wanted to trade one but not sure about how to do that. from my research i didn't have to register them in pa. so if i go to trade is that valid, do i just do a transfer?

thanks all, law is confusing.

[BimmerJon]

How did you come into possession of them?

Delivery from an executor of a will?

If you got them in the correct legal manner, they are now yours

Now you follow the regular transfer laws.

Between PA residents
Long guns need no paperwork
Handguns require an FFL

INTERstate transfers
Long gun needs an FFL in either state
Hand gun requires FFL in buyers state

Before transfer can take place

[mike12_nguyen]

How did you come into possession of them?

Delivery from an executor of a will?

If you got them in the correct legal manner, they are now yours

Now you follow the regular transfer laws.

Between PA residents
Long guns need no paperwork
Handguns require an FFL

INTERstate transfers
Long gun needs an FFL in either state
Hand gun requires FFL in buyers state

Before transfer can take place

it was a mess and my mom was giving stuff to me and my brother. i'm not sure it was the correct legal manner. i just don't want to do a trade and have the other person not be able to keep the gun because i didn't do the right paperwork.

thanks for answering

[nosaj3006]

They were passed down to you from a family member. With the exception of NFA controlled items, I don't believe you are required to do any transferring. The "grandfathering" of firearms (rifle or pistol) is completely legal in pa. No paperwork required. Of course I'm no lawyer.

Selling or trading pistols after the fact require normal FFL transfer paperwork. Just take them to your local gun shop. They'll guide you through the process.

[Xringshooter]

it was a mess and my mom was giving stuff to me and my brother. i'm not sure it was the correct legal manner. i just don't want to do a trade and have the other person not be able to keep the gun because i didn't do the right paperwork.

thanks for answering

You really needed to talk to someone (a lawyer) who is versed in FLORIDA laws dealing with estate distributions before you brought them back to PA.

If your mother inherited all of her husbands property, then she could give you the guns as long as she followed FL and Federal law. Being that you are from 2 different states, PA and FL, and depending on what type of guns they are (long arms and/or handguns) the transfers are handled differently. The long arms can be transferred by a FFL in either state. If they are handguns, they need to be transferred by a FFL in PA. You could find a PA FFL and see if they can help you straighten this out.

[BimmerJon]

At this point the OP already has them so its a moot point
Why admit to any wrong doing.

If he wants to keep them, consider going to a PA FFL and do a self transfer to himself

[knight0334]

FL's estate distributions are very similar to PA's. The will takes precedence, then lacking a will, family heirs get their certain percentages. It is up to the executor to liquidation the assets and debts, and to abide by the will and intestate succession guidelines.

If the OP was named in the will to receive the guns - no law was broken at all. They are rightfully his, no FFL was needed for the ownership to cross state lines.

A stepfather/stepson relationship isn't covered under intestate succession unless the OP was legally adopted. ...only blood and legal relations(adoption) are. So, if the OP wasn't named in the will or legally adopted, his acquisition was against federal law if a FFL wasn't used for the interstate transfer.