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January 27th, 2014, 10:45 PM #1Junior Member
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SW PA,
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Transferring guns from dead relative?
My uncle died and he left a .25acp handgun and a .22 rifle.My aunt is executor of his estate and was going to turn them into the police station.I said I would like to have them.I own many guns and passing the backround check will not be a problem.My question is what documents my aunt will have to provide at the time of transfer?These guns are from the 70's and only have hand written receipts from the guys my uncle bought them from.I kind of doubt these guns were even registered to my uncle.Will that be a problem?Thanks for your time.
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January 27th, 2014, 10:56 PM #2Banned
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The land o' cotton, old times there are not forgotten
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Re: Transferring guns from dead relative?
First off, there is no registration in Pennsylvania.
Bequests and intestate succession are exempt from the normal transfer rules. I'm not a lawyer so I don't know if the "intestate succession" would apply.
To do it at a dealer, simply have your aunt go to the dealer and say, "I'm transferring these guns to my nephew." No need for receipts or anything. Don't get oral diarrhea at the gun dealer and start going on about how they belonged to Uncle Fred and Aunt Josie wanted to turn them in to the police, blah, blah, blah. Too much information given out never leads to a happy ending.
If anyone questions anything, the aunt only has to say, "They belonged to my late husband."
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January 27th, 2014, 10:57 PM #3
Re: Transferring guns from dead relative?
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 27th, 2014, 10:57 PM #4
Re: Transferring guns from dead relative?
Although you would be in succession for inheritance, there appears to be people ahead with stronger claims(spouse, his children, his grandchildren).
That leaves a formal transfer from her at a FFL. A sheriff is also capable of doing it.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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January 27th, 2014, 10:58 PM #5
Re: Transferring guns from dead relative?
I went thru the same situation. I had a power of attorney drawn up and my aunt filled it out and conveyed ownership of the shotguns and pistol to me, whereupon, I went to an FFl and did a transfer thru them to me. The power of attornet gives you cusstody of the arms and allows you to do with them as you please.
This is not intended to be legal advice, just a similar experience for you to draw from.
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January 27th, 2014, 10:59 PM #6
Re: Transferring guns from dead relative?
Intestate succession has an order. Wives automatically get the first $***** dollars and 50% if there are kids. The kids then split the other half. The only way a nephew would be in line is if there were no wife, no kids, no grandkids, no grandparents, and no siblings.
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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January 27th, 2014, 11:23 PM #7
Re: Transferring guns from dead relative?
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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January 28th, 2014, 07:51 AM #8
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January 28th, 2014, 09:40 AM #9
Re: Transferring guns from dead relative?
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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January 28th, 2014, 09:03 PM #10Super Member
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Bellwood (Tyrone),
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Re: Transferring guns from dead relative?
Am I to understand that your Aunt was his Wife? If so, she is the Owner and can just go with you to an FFL and transfer Ownership to you. Don’t bother to explain ANYTHING to the FFL
Steve
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