Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Jul 2012
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    Hockessin, Delaware
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    Default Transfer/Heirloom question

    I'm sure this has been asked before so forgive me for my lack of google-fu.

    My grandfather (paternal side) would like to pass down to me his 1913 DWM Luger when he meets his maker. Hopefully this does not occur for a long time yet but I'd like to be as knowledgeable about the process as possible. He lives in NJ (I know, I know) and I'm a DE resident. Do you know what the laws regarding this would be? He purchased the Luger from a member here about 5 years ago so there is a record of transfer in NJ.

    Thoughts? Paging Gunlawyer...
    I'm only here for the wood c-rings.

  2. #2
    Join Date
    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: Transfer/Heirloom question

    Quote Originally Posted by ianb1116 View Post
    I'm sure this has been asked before so forgive me for my lack of google-fu.

    My grandfather (paternal side) would like to pass down to me his 1913 DWM Luger when he meets his maker. Hopefully this does not occur for a long time yet but I'd like to be as knowledgeable about the process as possible. He lives in NJ (I know, I know) and I'm a DE resident. Do you know what the laws regarding this would be? He purchased the Luger from a member here about 5 years ago so there is a record of transfer in NJ.

    Thoughts? Paging Gunlawyer...
    Both PA and Federal laws allow direct transfers across state lines from estates to non-prohibited heirs. I offer no opinion on NJ or DE law.

    Safest method would be for the NJ executor to ship the gun to a DE FFL, and then you pick it up as any other FFL-to-DE-resident transfer. But that's not required by Federal law.
    Last edited by GunLawyer001; July 28th, 2016 at 06:33 PM. Reason: DE
    Attorney Phil Kline, AKA gunlawyer001@gmail.com
    Thanks to all who attended my Firearms Law Workshops this year!

  3. #3
    Join Date
    Feb 2011
    Location
    Phila, Pennsylvania
    (Philadelphia County)
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    Default Re: Transfer/Heirloom question

    Ask that it is specified in the will to avoid issues with the executor.
    Are you gonna fish or just hold that dynamite?

  4. #4
    Join Date
    Dec 2012
    Location
    jersey shore, Pennsylvania
    (Lycoming County)
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    Default Re: Transfer/Heirloom question

    Quote Originally Posted by Sparks View Post
    Ask that it is specified in the will to avoid issues with the executor.
    Better yet, have him transfer the gun to you before he passes. Shit can get ugly after, even if he has a will.

  5. #5
    Join Date
    Aug 2013
    Location
    Lehigh Valley, Pennsylvania
    (Lehigh County)
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    Default Re: Transfer/Heirloom question

    Quote Originally Posted by R L Suehr View Post
    Better yet, have him transfer the gun to you before he passes. Shit can get ugly after, even if he has a will.
    And then take him with you shooting so you can both enjoy the experience!!

  6. #6
    Join Date
    Sep 2007
    Location
    SomewhereWestPA, Pennsylvania
    (Allegheny County)
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    Default Re: Transfer/Heirloom question

    Quote Originally Posted by R L Suehr View Post
    Better yet, have him transfer the gun to you before he passes. Shit can get ugly after, even if he has a will.
    Ugly is an understatement. More like hildebeastian fugging ugly.

  7. #7
    Join Date
    Mar 2012
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    South Central, Pennsylvania
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    Default Re: Transfer/Heirloom question

    Quote Originally Posted by nfafan View Post
    Ugly is an understatement. More like hildebeastian fugging ugly.
    Yep. If their is anything of value, you will see relatives that you haven't seen for decades and even some you never knew about.
    μολων λαβε

  8. #8
    Join Date
    Dec 2012
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    jersey shore, Pennsylvania
    (Lycoming County)
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    Default Re: Transfer/Heirloom question

    Quote Originally Posted by gghbi View Post
    And then take him with you shooting so you can both enjoy the experience!!
    I should have added that part. Excellent idea.

    Quote Originally Posted by tlnzz1 View Post
    Yep. If their is anything of value, you will see relatives that you haven't seen for decades and even some you never knew about.
    Yep, I've seen it first hand. People come out of the woodwork that you never even new existed.

  9. #9
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
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    Default Re: Transfer/Heirloom question

    Being that the OP is a DE resident and Granddad is a NJ resident, the executor of the estate would need to work within the NJ estate laws and then probably a DE FFL to see what all is needed by DE law to get the gun transferred.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

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