Pennsylvania Firearm Owners Association
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  1. #1
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    Default Question about inheriting guns

    I have not inherited the guns yet and am in no hurry to but would like to know what steps will need to be taken when the time comes.
    My parents live in Tennessee and most of my dad's guns will be left to me. They are wanting to move here but god forbid something happen before they do what steps are required since they are out of state? It will be rifles, shot guns and pistols. Will they all have to be shipped to a local ffl?

    And also if they do move here what are the steps since it would be parent to child transfer does it still have to go through an ffl?

    I did do a search but don't find a definitive answer.

    Thanks in advance

  2. #2
    Join Date
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    Default Re: Question about inheriting guns

    I think they can be sent or brought directly to you as long as they are legal in your state and you're not prohibited.

    Don't take my word for it, someone who knows for sure will probably chime in.

  3. #3
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    Default Re: Question about inheriting guns

    If they are listed in a will , they will be transferred to a Tenn FFL by the lawyer handling the estate , who will send them to a PA FFL/dealer and transferred to you providing you pass the PICS insta-check. They may be appraised for inheritance tax too.
    I don't speak English , I talk American!

  4. #4
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    Default Re: Question about inheriting guns

    Quote Originally Posted by RockIsland View Post
    I think they can be sent or brought directly to you as long as they are legal in your state and you're not prohibited.

    Don't take my word for it, someone who knows for sure will probably chime in.
    Pretty much correct. Pa law exempts inheritances (18 Pa CS 6115(b)(2)) and Federal law exempts interstate inheritances (18 USC 922 (a)(3)(A) and (5)(A)) provided the beneficiary is otherwise eligible to acquire firearms. No FFL involvement is statutorily required; the executor can insist on FFLs at his discretion. Shipping may be another matter since the most ubiquitous carriers (UPS and FedEx) require an FFL on one end of the shipment. Only FFLs can ship pistols and interstate longarms through USPS. Personal pickup would have to comport with whatever the laws are in the state of transfer of possession.

    If they move here then your father can gift the firearms to you without an FFL under the child/parent exemption of 18 Pa CS 6111(c) while he is living.
    Last edited by tl_3237; August 3rd, 2017 at 07:25 PM.
    IANAL

  5. #5
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    Default Re: Question about inheriting guns

    I've done a few as an FFL because the lawyers insisted the cops get involved , and they generally know even less. Had one where the PASP got involved. They actually took possession of 25 guns. They insisted we had to do a 4473 on EACH and ROS for each handgun.
    I don't speak English , I talk American!

  6. #6
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    Default Re: Question about inheriting guns

    Quote Originally Posted by abner13 View Post
    I've done a few as an FFL because the lawyers insisted the cops get involved , and they generally know even less. Had one where the PASP got involved. They actually took possession of 25 guns. They insisted we had to do a 4473 on EACH and ROS for each handgun.
    Once the FFL is involved then the typical 4473/SP4-113 process takes over but involving the FFL is not mandatory to comport with Federal or PA (and NJ) laws.
    IANAL

  7. #7
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    Brookville, Pennsylvania
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    Default Re: Question about inheriting guns

    Quote Originally Posted by tl_3237 View Post
    Once the FFL is involved then the typical 4473/SP4-113 process takes over but involving the FFL is not mandatory to comport with Federal or PA (and NJ) laws.
    Nor most other states.

    Regulated private transfers of any sort is only thing of more restrictive states.
    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

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  8. #8
    Join Date
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    Default Re: Question about inheriting guns

    Thanks for the replys . So since I'm not legally barred from owning firearms and have my ltcf I should be able to load them in my car and drive them here.

    Also does the will have to state each gun individually with s/n or can it just be general that I get x amount of the guns?
    Last edited by 74_dart_sport; August 4th, 2017 at 12:12 PM. Reason: Correcting typos

  9. #9
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    Default Re: Question about inheriting guns

    Quote Originally Posted by 74_dart_sport View Post
    Thanks for the replys . So since I'm not legally barred from owning firearms and have my ltcf I should be able to load them in my car and drive them here.

    Also does the will have to state each gun individually with s/n or can it just be general that I get x amount of the guns?
    You should get a letter from the executor specifically listing the guns that were given to you as part of the formal estate distribution. The will can be specific by gun or general that you inherit "all firearms that I die possessed of" (assuming you get 100%). If there are others getting some of the firearms and there are no specifics as to how the collection is divided, it would have to be some agreement as to the division amongst the beneficiaries with the approval of the executor.
    IANAL

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