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February 2nd, 2015, 06:15 PM #1Junior Member
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Inherited Firearms Question PA decedent, VA beneficiary
I've read some previous topics on interstate transfer of inherited firearms but I am still unclear on how to proceed.
My Father-In-Law, a PA resident, recently passed. He specifically stated in his will that I (a VA resident) receive all his firearms. My Mother-In-Law is the Executress of his will. I a legally able to own firearms in my state (Firearms INstructor, CCW holder). I have a copty of his Will and Death Certificate.
I know that I can go to a PA FFL in person and have all the long guns transferred to my name after that I can legally move them to my home in VA.
My question is on the 3 handguns in his collection. Is it as simple as having my M-I-L (Executress) take them to a PA dealer and having them shipped to my VA FFL. Where I, in turn, pay and have the VA FFL do the transfer ?
Thanks !
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February 2nd, 2015, 06:34 PM #2Banned
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The land o' cotton, old times there are not forgotten
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Re: Inherited Firearms Question PA decedent, VA beneficiary
Under Federal and Pennsylvania laws and probably Virginia laws as well, there is no need to involve an FFL in any transfer of firearms, handgun or longgun, that are a bequest. I'd just ask the executrix to give me a letter stating that the estates passes these guns to you as a bequest and file that letter with all of your receipts.
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February 2nd, 2015, 06:45 PM #3
Re: Inherited Firearms Question PA decedent, VA beneficiary
If you were specifically named in the will to receive the guns - then nothing needs to be done by any FFL. Under PA, VA, and Federal laws you can have the guns shipped directly to you or you can come to PA to receive them directly. This includes handguns and long guns.. (note: finding a common carrier who will allow this or is understanding of the law is a different thing if you want them shipped directly to you)
HOWEVER, it would be wise to have a copy of the will, the death certificate, and a receipt from the executor/executrix. ...this will help cover your and the executrix's asses should anything be called into question later.
Or you can go the full fledged route and have the guns shipped to your local FFL, which then will require a background check and standard federal paperwork.(plus having to pay the FFL for his time/efforts)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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February 2nd, 2015, 07:55 PM #4
Re: Inherited Firearms Question PA decedent, VA beneficiary
They are correct, a bona fide inheritance can go across state lines without an FFL.
However, the guns still have to be legal in the receiving state, and if that state has gun registration, they'd have to comply with that as well.
The exemptions are only on the transfer, not the possession. If, as a hypothetical, your heir in New Jersey is looking forward to getting your AR-15 and drum mags, he's going to be disappointed. And any NFA firearms will need to be formally transferred and registered with ATF in advance.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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February 2nd, 2015, 11:44 PM #5Junior Member
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Re: Inherited Firearms Question PA decedent, VA beneficiary
Thanks for the clarification. I'll keep/file a copy of the will and death certificate. Then ask my mother in law write a letter describing the distribution of the firearms to my name,
Thanks again !
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