My Father passed away with no will Step Mom wants me to bring a PAlisense to pu FAs

[LilFragger]

Hi there! I'm new here and I am hoping I could get some solid advice. I am pretty sure my Dad has an account on here somewhere ;-) I've checked everywhere online and cannot find any "concrete" INFO suggesting the correct process of receiving my Father's firearms. I don't want to break any laws and err on the side of caution. The hubby said I don't need to do anything but put them in the truck and start making new memories with our kiddos. Here's what's going on...

I am going over to Dad's house tomorrow to pick up some sentimental guns. It is the second time I have been invited to Dad's place since he passed away (It has been about 9 months) My Dad was a very big collector if rare firearms all throughout history. He owned well over 100 different guns. I emailed her a list of about a dozen that had major memories with Dad and I either hunting or down at the range. In PA, if you pass away without a will, it is called intestate succession. According to PA law his property is to be dived in half by his wife (not biological Mother) and his child. I am not asking for half because she has been struggling since Dad passed. I just want to get the guns and pass them down to my 5 boys. I want my Father's legacy to live on and I want them to remember him always. Ok, so I certainly do realize that a lot of this stuff doesn't matter, so let's get down to brass tacks...

Why is she requesting I bring a state picture ID/License?
It is my understanding that my husband and I are completely within the limits of the law to pick up the firearms and leave. No registration, No FFL license, No drama. Dad passing away before his time was drama enough.

Could someone please help me out here? Because I'm starting to get the impression that she is trying to make it more difficult than it needs to be.

UPDATE: We had no issues, Step Mom wanted to make it legal saying I received XYZ. Had it notarized and we each received a copy. Thank you ALL for your advice! I can really see why Dad liked this forum! Good luck to all going out on the first day of archery!!!

Additional Information...

My Father passed away in December and he had no will.
I am the only child and he was married at the time of his death.
His wife requested a list of firearms I wished to pick up and to whom they will be given. (I only emailed the list of guns that had the most memories associated with Daddy and me.)
My Father and I both live/d in Pennsylvania
I am over the age of 18

[Manxdriver]

I'd take my drivers license, show it to her and be done with her forever. Trust me, she is making it easy on you compared to what my evil step-bitch did to my siblings and me.

[ItchyTick]

I believe to have them gifted you need to be a PA resident. Drivers license takes care of that?

[knight0334]

In PA the spouse gets the first $25K or $30K of the estate, then the remaining is split 50/50 with surviving issues(children) or the deceased's parents(if no issues).

If the spouse does not take claim to the firearms in the first $25K/$30K(whichever it is), or the 50% thereafter - then they can be divided among the heirs.

PA Title 18, Chapter 61, Subchapter 6115 exempts transfers due to bequest(via a will) or intestate succession(family inheritance) - no paperwork required. Federal law also allows for bequest/intestate succession for interstate inheritances without paperwork. Heirs of other states must abide by their home state laws on top of PA and Federal laws on the matter.

18 Pa.C.S.A. § 6115
§ 6115. Loans on, or lending or giving firearms prohibited
Currentness
(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.
(b) Exception.--
(1) Subsection (a) shall not apply if any of the following apply:
(i) The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).
(ii) The person who receives the firearm is exempt from licensing.
(iii) The person who receives the firearm is engaged in a hunter safety program certified by the Pennsylvania Game Commission or a firearm training program or competition sanctioned or approved by the National Rifle Association.
(iv) The person who receives the firearm meets all of the following:
(A) Is under 18 years of age.
(B) Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruction of a responsible individual who:
(I) is 21 years of age or older; and
(II) is not prohibited from owning or possessing a firearm under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).
(v) The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game).
(vi) A bank or other chartered lending institution is able to adequately secure firearms in its possession.
(2) Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21 (relating to intestate succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105.
(3) Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one's dwelling or place of business if the firearm is retained within the dwelling or place of business.
(4) Nothing in this section shall prohibit the relinquishment of firearms to a third party in accordance with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping).

18 U.S. Code § 922 - Unlawful acts

(a) It shall be unlawful—

(A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
(B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;

....

(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;

....

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

[Statkowski]

To everyone out there without a will, GET A WILL! It doesn't cost much, and if you're a Senior Citizen, you might even be able to get one for free courtesy of your local Senior Citizen Center, or State Rep, or County Commissioner's Office.

Even if you think you've got nothing, you've got something, and it has to be probated nice and legal like.

I'm sure more than once the police have had to be called to funerals and such because "Uncle Billie said I could have this" or "Mom always wanted I should get such-and-such."

[LilFragger]

Hey Knight0334 I really have to thank you. With your RIP quote in the bottom I was able to find my Daddy!!! I'm on my way to his house now. Thanks for the info much appreciated. Now, I just need to figure out how to change my name to LilFragger!!!!!! You don't know how happy I am to be able to read his posts. It's like he's still around. Thanks again!!!!

[Carson]

To everyone out there without a will, GET A WILL! It doesn't cost much, and if you're a Senior Citizen, you might even be able to get one for free courtesy of your local Senior Citizen Center, or State Rep, or County Commissioner's Office.

Even if you think you've got nothing, you've got something, and it has to be probated nice and legal like.

I'm sure more than once the police have had to be called to funerals and such because "Uncle Billie said I could have this" or "Mom always wanted I should get such-and-such."

The last incident along these lines, the deceased was still in his bed waiting for the funeral director to arrive when the extended family arrived en mass laying claims to belongings. Had to call extra cars just to get the disturbance under control.

I fully agree with you on getting a will. I didn't have to fight family, but the government when my parents passed. Had a will prepared a month later.

[knight0334]

Hey Knight0334 I really have to thank you. With your RIP quote in the bottom I was able to find my Daddy!!! I'm on my way to his house now. Thanks for the info much appreciated. Now, I just need to figure out how to change my name to LilFragger!!!!!! You don't know how happy I am to be able to read his posts. It's like he's still around. Thanks again!!!!

Name change complete.

[Swarner793]

Hey Knight0334 I really have to thank you. With your RIP quote in the bottom I was able to find my Daddy!!! I'm on my way to his house now. Thanks for the info much appreciated. Now, I just need to figure out how to change my name to LilFragger!!!!!! You don't know how happy I am to be able to read his posts. It's like he's still around. Thanks again!!!!

Name change complete.

This is pretty cool, made me a little emotional. I could see how it would be meaningful.

Be safe (and I got something in my eye ;-) ).

Scott

[Hodgie]

Your Dad (scot/Fragger) was a great man who helped me out more then once with firearm builds and tools over on another site where he was a moderator for a very long time. We talked many times via private message over the course of the 8 years that I knew him and I was truly saddened when I read about his passing.

I know he had a very extensive collection of surplus rifles as he used to share various photos of them and I hope you are able to take possession of them and keep them right where they should be in the family. From what I know of your father that's exactly what he would have wanted.

Again my condolences.