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December 5th, 2016, 08:46 AM #1Junior Member
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Technically inherited some hand guns, however will does not specify
I've found a few posts on inheritance, but nothing that covers what I'm dealing with. My father passed away, his will leaves everything to my mom. Mother has told me I can take whatever of his I want - I want two of his handguns. In such a case, do I need to go to a FFL to transfer registration? Would my mother need to be present in order for me to transfer registration?
I'm not entirely sure my dad had registered any of his weapons, so I don't know what might happen if I do take the two I want to the FFL.
I live in Allegheny county, if that helps at all.
**edit: changed the title a bit to try to get more clarity.Last edited by mknight; December 5th, 2016 at 09:26 AM.
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December 5th, 2016, 09:25 AM #2Grand Member
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Berkeley Heights,
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Re: Technically inherited some hand guns, but no will states so
http://www.legis.state.pa.us/cfdocs/...&div=0&chpt=61
§ 6111. Sale or transfer of firearms.
(c) Duty of other persons.
--Any person who is not a licensed importer, manufacturer or dealer and who desires to sell or transfer a firearm to another unlicensed person shall do so only upon the place of business of a licensed importer, manufacturer, dealer or county sheriff's office, the latter of whom shall follow the procedure set forth in this section as if he were the seller of the firearm. The provisions of this section shall not apply to transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild.
My read is... your dad's will gave everything to your mother. Since she is at that moment legal owner of his possessions, including firearms, if she wishes to give you said firearms nothing more than her handing them to you and saying "they're yours" is required.Last edited by sota; December 5th, 2016 at 09:37 AM. Reason: cleanup and links
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December 5th, 2016, 09:37 AM #3Super Member
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West Chester,
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Re: Technically inherited some hand guns, but no will states so
IANAL, however it is my understanding that firearms may be handed down from parent to child without formal transfer. You should be fine. However, I have also read that people have 'transferred' handguns to themselves just for peace of mind. If you plan on making one of the inherited guns your EDC it might be worth considering just so that you are in the PSP ROS non-registration. Go to your local FFL, fill out the paperwork and it's over with. You can probably negotiate a break on multiple firearms.
Most of my inherited guns are totally without papers.
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December 5th, 2016, 09:44 AM #4Junior Member
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Re: Technically inherited some hand guns, but no will states so
Thank you all very much for the information. I had found the quote that sota posted, but it didn't contain the full text about the provision not applying to the transfer between spouses/parent-child. Since mom told me I can take what I want to keep from dad's collection, it looks like that's enough.
I haven't made the decision to go apply for LTCF, but I am tempted. I will keep this in mind should I decide to go through with it.
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December 5th, 2016, 10:02 AM #5Grand Member
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Re: Technically inherited some hand guns, but no will states so
I would recommend getting your LTCF first. it's PA, it shouldn't be that hard.
Like I said if you want to make sure both of you are clear, just have her say those magic words as she personally hands them to you. Then you're not "taking" them but being "given" them.
I know, i'm from NJ, so i'm naturally more paranoid and formal about these things.
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December 5th, 2016, 10:18 AM #6
Re: Technically inherited some hand guns, but no will states so
What's to decide? Just get it. You can think about and consider the implications of actually carrying or not, but getting the LTCF if you own handguns should be a no -brainer. Even if you just go to the range, you should have the LTCF. Technically if you don't, you can't even drive to your buddy's house to pick him up on the way to the range without it. No LTCF means you go from your house, to the range and back.... do not stop and Mcd, do not stop at a buddy's house....
§6106. Firearms not to be carried without a license.
(a) Offense defined.—
(1) Except as provided in paragraph (2), any person who carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license under this chapter commits a felony of the third degree.
(2) A person who is otherwise eligible to possess a valid license under this chapter but carries a firearm in any vehicle or any person who carries a firearm concealed on or about his person, except in his place of abode or fixed place of business, without a valid and lawfully issued license and has not committed any other criminal violation commits a misdemeanor of the first degree.
(b) Exceptions.—The provisions of subsection (a) shall not apply to:
(4) Any persons engaged in target shooting with rifle, pistol, or revolver, if such persons are at or are going to or from their places of assembly or target practice and if, while going to or from their places of assembly or target practice, the cartridges or shells are carried in a separate container and the rifle, pistol or revolver is unloaded.
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December 5th, 2016, 10:24 AM #7
Re: Technically inherited some hand guns, however will does not specify
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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December 5th, 2016, 10:29 AM #8
Re: Technically inherited some hand guns, but no will states so
Also note that there is no registration of firearms in PA - your father could not have "registered" them in PA.
Perhaps if he bought them elsewhere, but not in PA.
A Sales Database does exist in PA. Depending on WHEN the handguns were purchased (in PA) there could be a record of the purchase that includes the info for the buyer that is kept by the State police.
That's sort of a "back door" registration, but the courts have sided with the state and they get away with it.I called to check my ZIP CODE!....DY-NO-MITE!!!
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December 5th, 2016, 04:47 PM #9
Re: Technically inherited some hand guns, but no will states so
I think every person who owns a gun and plans on using it for home defense should have a LTCF. If you plan to use a gun for home defense you and everyone in your family should know how it works and should be practiced in using it, that means several trips to the range and/or training. While it's completely legal to travel with the firearm to the range or to training, it's a lot easier if you have a LTCF.
As for inheritance handguns, I have a few that were my stepfathers. When my stepfather died he left everything (in a will) to my mom, who then later gave them to me. Perfectly legal chain of ownership to me with no transfer. One of his guns resides in my nightstand and another resides on my right hip or in my pocket. I am a little concerned about not having a "paper trail" for the one I carry but not so much that it keeps me from carrying it. I'll tenaciously fight that legal battle if the time comes.The Hostler
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December 5th, 2016, 06:19 PM #10
Re: Technically inherited some hand guns, however will does not specify
Some people just plain suck.
If you're gonna be dumb ya gotta be tough.
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