Pennsylvania Firearm Owners Association
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  1. #1
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    Default 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.

  2. #2
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    Default 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."

  3. #3
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    Default Re: Transferring guns from dead relative?

    Quote Originally Posted by BluesForTheRedSun View Post
    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.
    Send me a PM, I'll tell you what to do.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  4. #4
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    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default 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!

  5. #5
    Join Date
    Jun 2010
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    Eastern PA, Pennsylvania
    (Delaware County)
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    Default Re: Transferring guns from dead relative?

    Quote Originally Posted by BluesForTheRedSun View Post
    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.
    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.

  6. #6
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    Oct 2006
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    Brookville, Pennsylvania
    (Jefferson County)
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    Default Re: Transferring guns from dead relative?

    Quote Originally Posted by Grey Bearded One View Post
    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."
    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!

  7. #7
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    Default Re: Transferring guns from dead relative?

    Quote Originally Posted by knight0334 View Post
    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.
    The heirs can disclaim their interest in specific property.
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Ce sac n'est pas un jouet.

  8. #8
    Join Date
    Apr 2008
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    Pocono`s, Pennsylvania
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    Default Re: Transferring guns from dead relative?

    Quote Originally Posted by knight0334 View Post
    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.
    That would only be if there was no will. There may have been a will in which she was beneficiary. Unanswered questions.

  9. #9
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    Default Re: Transferring guns from dead relative?

    Quote Originally Posted by GunLawyer001 View Post
    The heirs can disclaim their interest in specific property.
    True, but how often does that happen? Nieces and nephews are on the low end of the succession list. For all of the possible heirs above to say "No thank you" would be rare and remarkable. We all know how greed is part of human nature.
    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!

  10. #10
    Join Date
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    Bellwood (Tyrone), Pennsylvania
    (Blair County)
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    Default 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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