Question about inheriting guns

[silentmajority]

I read the Law section before posting this, but I still have a question. A relative passed away and my son and I inherited his gun collection. No sales receipts can be found, but he was a very stand-up guy so I have no concern that the guns were legally obtained by him. I am pretty positive the long guns are not an issue for us, but there were several handguns. I need a 100% reliable answer, ideally with reference to State code or whatever, on whether we need to do any kind of registration with the State Police or anyone else for the handguns. All I have is a death certificate. Thank you for your time.

Frequently Asked Questions
Owning Firearms
1.Do I have to register my firearms in Pennsylvania?
No, in fact in Pennsylvania it is actually illegal for any government or police agency to keep a registry of firearms per 18 Pa.C.S. § 6111.4 (Registration of firearms). If you legally possess bring your firearms into the Pennsylvania or come into possession of the firearms legally, no further action is required.

It should be noted however that all transfers of handguns in Pennsylvania are required to go through the Pennsylvania Instant Check System (PICS) and as such the Pennsylvania State Police keep a "Sales Database" of all handguns purchased within the Commonwealth. While almost any casual observer can see that this database clearly violates the spirit of 18 Pa.C.S. § 6111.4 (Registration of firearms), in the Pennsylvania Supreme Court agreed with the Pennsylvania State Police that because the database is not a complete record of all handgun ownership (as people bringing handguns into the state do not have to register them), it does not.

[tl_3237]

There is NO registration requirement for the handguns. The only registration is when the handgun is transfered through a sheriff or FFL. Since you acquired them by inheritence you take possession directly without an FFL/sheriff involvement.

The statutes regarding inheritence is:

18 Pa CSA §6115. Loans on, or Lending or Giving Firearms Prohibited.
(a) Offense defined.—No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as pro­vided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.

(2) Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa CS. Ch. 21 (relating to inter­state [sic] succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105

As to prove of ownership/transfer you should keep a copy of the death certificate AND the will. If no will exists and the estate was appointed an executor, get a statement from him.

I'm assuming that you and your son are not prohibited persons and are 18+ years old.

[silentmajority]

I'll get a notarized statement from the executor. It sounds like that and the death certificate, along with a printout of the statute you provided will put us in good shape. Yes, my son and I are both adults, with no legal prohibitions from owning firearms.

Thank you very much for your reply. This site and its members are a great resource.

[GunLawyer001]

Need more details.

Are you and your son in the same state as the decedent?

Where is the executor?

You have to comply with both the state and federal transfer requirements, but you don't have to register the guns, and there are some exemptions for estates. That being said, police in PA have a tendency to treat the "record of sale database" as a registry, and you may have trouble getting a gun back from any officer who runs the serial number "to see if it's registered to you". And cops really like to run serial numbers whenever they encounter an armed citizen, despite the alleged protections of the 4th Amendment.

The law is on your side, but that hardly helps when Barney Fife is holding your gun and simply refuses to return it. For that reason, it may be a good idea for the executor to transfer the handguns to you using an FFL.

From the executor's side, it's always in his best interests to use an FFL for all firearm transfers from an estate, because he acquires statutory immunity with respect to each such transfer.

[Hawk]

FYI, someone is going to need to pay the inheritance tax (PA) on those firearms...I believe it's the executor prior to distributing the deceased assets and after probate. If you're relative is just handing over the guns to you without following the PA law, there could be ramifications. IANAL

The only exception I can think of is if the deceased spouse was the sole beneficiary and she then gave them to you and your son.

[DenniZee]

thank you

[spandexlurch]

Hello I am Denni, I am new to this forum. I was wondering if any members could help me with a gun ownership question.
My sibling passed away almost two years ago. Her spouse gave me her handgun. It was never registered to either one of us.
It is still in her name but I have it. There was never any will or anything.
Today her spouse told me he wants her handgun back.
Who has rightful ownership of this gun.
Thank you for your help.

As stated above, there is no registration in Pennsylvania. As to the ownership, I have no legal answer to that.

[streaker69]

As stated above, there is no registration in Pennsylvania. As to the ownership, I have no legal answer to that but if you were given the firearm, then it should be yours to do with as you wish. No takey backies.

Please don't take guesses when it comes to legal matters such as this.

A firearm was transferred, and probably illegally from one person to another. This person now needs to consult with an attorney.

[spandexlurch]

Please don't take guesses when it comes to legal matters such as this.

A firearm was transferred, and probably illegally from one person to another. This person now needs to consult with an attorney.

Fixed it, better?

[SevenMilePete]

Hello I am Denni, I am new to this forum. I was wondering if any members could help me with a gun ownership question.
My sibling passed away almost two years ago. Her spouse gave me her handgun. It was never registered to either one of us.
It is still in her name but I have it. There was never any will or anything.
Today her spouse told me he wants her handgun back.
Who has rightful ownership of this gun.
Thank you for your help.

I'd give it back ASAP, and wouldn't be posting that I took possession of a handgun illegally. Her husband owned the gun after her death. He illegally transferred it to you. BTW, how is it in her name? IANAL, but that would be my studied opinion.