handgun purchase situation

[Bruce_W]

What is the legal procedure for: A widow selling her husbands handgun. Handgun not previously run thru the instacheck. Sometme ago I purcahsed anold handgun and the place that did the paperwork required a PA Drivers Licence # Your thoughts/opinions please. Thanks, Bruce

[gghbi]

As a spousal unit, she can be given the gun even if the husband was alive w/o any paperwork. As a widow I do not believe it is any different. (IANAL)

Whenever I do a person-to-person transfer, the FFL always starts with both the buyer and seller ID which is normally the DL. Assuming she was not present for the transfer, I would not be surprised that they wanted the DL # of the seller. Did they also want the name and address for their records? I would expect so.

Nothing I see that I find out of line.

[Remington788]

It is basically her gun now, there is no paperwork to transfer from husband to wife.

All handgun sales and transfers must go through an FFL.
I am guessing that she wants to sell it to you.
Call around to several local gun shops and ask about their transfer fees for a face to face sale between two PA residents. Fees vary widely between shops so its worth checking up front.

Pick a shop, you and her and the pistol (double check to be sure its unloaded) go to the shop and the shop will do the transfer. Buyer and seller will need to show ID but only the buyer goes through the background check. However, if the buyer fails the background check then the seller will have to go through the check before they can take the gun back. Or the seller could just sell it to the shop

[psweigle]

Just did this a few weeks ago, long guns and shot guns need not be transferred, handguns require the original death certificate, not a copy, and the widows' photo I'd. The rest is the same for buying any hand gun. Hope this helps.

[Noah_Zark]

As a spousal unit, she can be given the gun even if the husband was alive w/o any paperwork. As a widow I do not believe it is any different. (IANAL)

Whenever I do a person-to-person transfer, the FFL always starts with both the buyer and seller ID which is normally the DL. Assuming she was not present for the transfer, I would not be surprised that they wanted the DL # of the seller. Did they also want the name and address for their records? I would expect so.

Nothing I see that I find out of line.

Section F of the PSP Handgun Record of Sale form SP4-113 for transfers between parties (as opposed to a purchase from a dealer) requires the seller's name and address but does NOT require the seller's SSN. It does NOT matter that the handgun did not previously go through the process. Handguns come into the state when residents of other states move here, and don't get into the"system" until sold or traded (legally, through a dealer).

Noah

[Bruce_W]

Thanks for your help. Bruce

[tl_3237]

As a spousal unit, she can be given the gun even if the husband was alive w/o any paperwork. As a widow I do not believe it is any different. (IANAL)

Whenever I do a person-to-person transfer, the FFL always starts with both the buyer and seller ID which is normally the DL. Assuming she was not present for the transfer, I would not be surprised that they wanted the DL # of the seller. Did they also want the name and address for their records? I would expect so.

Nothing I see that I find out of line.

It is basically her gun now, there is no paperwork to transfer from husband to wife.

All handgun sales and transfers must go through an FFL.
I am guessing that she wants to sell it to you.
Call around to several local gun shops and ask about their transfer fees for a face to face sale between two PA residents. Fees vary widely between shops so its worth checking up front.

Pick a shop, you and her and the pistol (double check to be sure its unloaded) go to the shop and the shop will do the transfer. Buyer and seller will need to show ID but only the buyer goes through the background check. However, if the buyer fails the background check then the seller will have to go through the check before they can take the gun back. Or the seller could just sell it to the shop

Upon death, any of the husband's firearms immediately become the property of his estate. The estate has no familial relationship with any person and so it cannot avail itself of the 18 PA CS 6111(c) exceptions - "transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild". The wife, as any other person, could eventually become the owner through the formal estate distribution pursuant to a will or intestate succession.

Just did this a few weeks ago, long guns and shot guns need not be transferred, handguns require the original death certificate, not a copy, and the widows' photo I'd. The rest is the same for buying any hand gun. Hope this helps.

Not sure what the death certificate does. If the wife was selling the handgun for the estate you should have a copy of her short certificate which shows her appointment by the probate court as the executrix or administrator of the estate. If she inherited the handgun in due course, she is the owner in her own right - if necessary she could prove ownership through a letter of distribution from the estate representative.

[Gunsnwater]

Upon death, any of the husband's firearms immediately become the property of his estate. The estate has no familial relationship with any person and so it cannot avail itself of the 18 PA CS 6111(c) exceptions - "transfers between spouses or to transfers between a parent and child or to transfers between grandparent and grandchild". The wife, as any other person, could eventually become the owner through the formal estate distribution pursuant to a will or intestate succession.



Not sure what the death certificate does. If the wife was selling the handgun for the estate you should have a copy of her short certificate which shows her appointment by the probate court as the executrix or administrator of the estate. If she inherited the handgun in due course, she is the owner in her own right - if necessary she could prove ownership through a letter of distribution from the estate representative.

I don't know anybody who wouldn't give their wife all their guns on their death bed. I guess some people don't. I just can't imagine it not happening.

[Marcus99]

You don't need a death certificate, at least in the similar transfer that I conducted.

[Bruce_W]

Im going to check with my FFL . It seems there are varying ways to do this that are in the hands of the FFL person. But as previously posted it appears that the regulation SP4-113 states name and address of seller.