Firearm inheritance legal advice needed

[staylo]

My father just died and I am travelling out of state for the funeral on Friday and traveling back to PA on Sunday. He had a couple pistols, a couple rifles, and a shotgun. The advice I need is in regards to inheriting any or all of these firearms. I've googled on this and, like all law relating to firearms, it's confusing and I'm not really in any frame of mind right now to be trying to sift through all the vague stuff online. I have two questions:

1) being a blood descendant of my father I assume that I can inherit his firearms without any transfer needed?(assuming that I am not prohibited, of course) And does there need to be an actual will bequesting them to me or can my step-mother just give them to me?

2) how can I get them back home from out of state?(I am flying)

I only have a couple of days to figure this out so I don't end up breaking some dumb law so any help would be greatly appreciated. Thank you.

[Daycrawler]

First Sorry for Your loss !

Since you are flying I would use an FFL and have them Shipped to your Local FFL. It will cost a few bucks but that is a small price to pay by staying out of Jail. Then pick them up and fill out the required Forms at your FFL. This should also be the easiest, hassle free way. IANAL

[Democrat Gun Owner]

EDIT: My advise in this post is wrong. Please disregard it.

IANAL

The "no paperwork/background check" ability of a father to give firearms to his son is PA law. Since your dad lived out of state, you will need to have them transferred to you through an FFL. Your step-mom will have to have them shipped to a PA FFL where they can be transferred to you. This is especially true of the handguns. Depending on the state where your dad lived, you may be able to transfer the long guns to you in that state. However, getting them back to PA on a plane might not be worth the hassle. You could just have your step-mom ship them to a local PA FFL with the handguns.

[GunLawyer001]

From 18 USC 922...

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

[Democrat Gun Owner]

^^^IANAL...BUT HE IS^^^

[tl_3237]

As has already been stated, inheritance of firearms (longarms and handguns) does not require the services of an FFL for transfer under Federal law nor that of Pa regardless of any familial relationships - anyone can inherit from anyone. The law of the decedent's residence may introduce restrictions on the firearm's disposition.

The issue you may have is that the firearms are now owned by the estate and can only be distributed to the beneficiaries through the executor/administrator. Settlement of estates do not occur in the timeframe you are considering. Unless the step-mother is acting in the formal capacity of the executor/administrator, she cannot just give you possession of them.

IANAL

The "no paperwork/background check" ability of a father to give firearms to his son is PA law. Since your dad lived out of state, you will need to have them transferred to you through an FFL. Your step-mom will have to have them shipped to a PA FFL where they can be transferred to you. This is especially true of the handguns. Depending on the state where your dad lived, you may be able to transfer the long guns to you in that state. However, getting them back to PA on a plane might not be worth the hassle. You could just have your step-mom ship them to a local PA FFL with the handguns.

So very much incorrect ^^

[staylo]

As has already been stated, inheritance of firearms (longarms and handguns) does not require the services of an FFL for transfer under Federal law nor that of Pa regardless of any familial relationships - anyone can inherit from anyone. The law of the decedent's residence may introduce restrictions on the firearm's disposition.

The issue you may have is that the firearms are now owned by the estate and can only be distributed to the beneficiaries through the executor/administrator. Settlement of estates do not occur in the timeframe you are considering. Unless the step-mother is acting in the formal capacity of the executor/administrator, she cannot just give you possession of them.

Ok. This is my first time dealing with a death in the family where there is still a surviving spouse. The other couple I've been involved in were of a widow or widower. I guess I didn't realize that there was an 'estate' in the same sense as there is when someone single dies, so I just assumed that all of his stuff just becomes his wife's and that she could just distribute it to the family as he wanted. I do not know yet if there is a will. I did not want to ask as it felt smarmy at this stage. I don't even know at this point if any of the guns will come to me. I just wanted to do some due diligence so I wasn't scrambling at the last minute, just in case. Thanks GL and tl.

[staylo]

So that brings up a new question. Since it looks like I will not be bringing any guns home with me regardless of whether I inherit any how can I ship them from there to PA without having to go through an FFL? I found an ATF FAQ that says I can ship from me to me(as in if I were going hunting, etc. in another state), and I found that I can carry them on the airline, but how would my step-mother ship them to me? UPS and FedEx state they will only ship firearms if one person in the transaction is licensed. USPS won't ship handguns unless one person is licensed. I assume that if she ships them to a FFL I will have to go through PICS to receive them. Anyone have any experience with this?

I am not inquiring about the legality of doing this because it looks like GL's citation answers that. I'm thinking more practically about how to do it. It sort of looks like nobody will agree to ship them if there is not a licensed individual involved.

[tl_3237]

So that brings up a new question. Since it looks like I will not be bringing any guns home with me regardless of whether I inherit any how can I ship them from there to PA without having to go through an FFL? I found an ATF FAQ that says I can ship from me to me(as in if I were going hunting, etc. in another state), and I found that I can carry them on the airline, but how would my step-mother ship them to me? UPS and FedEx state they will only ship firearms if one person in the transaction is licensed. USPS won't ship handguns unless one person is licensed. I assume that if she ships them to a FFL I will have to go through PICS to receive them. Anyone have any experience with this?

I am not inquiring about the legality of doing this because it looks like GL's citation answers that. I'm thinking more practically about how to do it. It sort of looks like nobody will agree to ship them if there is not a licensed individual involved.

Your summary of the transfer conundrum is correct. Unfortunately UPS and FedEx will not get involved unless an FFL is on at least one end of the shipment by virtue of their own tariffs even though there is not such legal restriction.

Yes, if the firearms are shipped to an FFL then you must go through the 'normal' transfer process to include PICS.

You can try to find another common carrier/trucking firm that is wiling to transport them, if any exist. Be advised that you are required by Federal law to provide the carrier with a written notification that the shipment contains firearms.

Other than that you might consider a personal road trip or plane flight to collect any firearms that you received from the executor/administrator. If the latter is related to you and wants to visit you in Pa, they MAY (?) be able to transport the firearms in their official estate capacity though I've never seen anything specifc on this.

[staylo]

Your summary or the transfer conundrum is correct. Unfortunately UPS and FedEx will not get involved unless an FFL is on at least one end of the shipment by virtue of their own tariffs even though there is not such legal restriction.

Yes, if the firearms are shipped to an FFL then you must go through the 'normal' transfer process to include PICS.

You can try to find another common carrier/trucking firm that is wiling to transport them, if any exist. Be advised that you are required by Federal law to provide the carrier with a written notification that the shipment contains firearms.

Other than that you might consider a personal road trip or plane flight to collect any firearms that you received from the executor/administrator. If the latter is related to you and wants to visit you in Pa, they MAY (?) be able to transport the firearms in their official estate capacity though I've never seen anything specifc on this.

**sigh**
That's what I thought. That was why I was hoping that I could receive them while I was out there. There is something that just really grates on me having to get my own guns transferred to me through PICS. Thanks, again.