Gun purchased from parent prior to death

**Racethewind** · November 20th, 2018, 12:19 PM

My father passed away 10/25/18, in the state of IN, and prior to his passing he wanted to gift a gun to my sister and I(living in PA so reciprocity). Little brother, sole inheritor, was raising a stink so dad had me write a check to him for the 50cal rifle and make out a list for the other guns to be distributed. Check was witnessed by my sister, cousin Jack was supposed to pick up the check to deposit into dad's bank, and little brother is trying to say the check isn't valid. I need some legal advice and possibly a lawyers name close to Lewisburg PA that might want to help me sort this out.

**Gunsnwater** · November 20th, 2018, 12:50 PM

You need an ffl in both states first.

**str8shooter** · November 20th, 2018, 02:09 PM

First off, I'm sorry for your loss. I'm not sure what you mean by reciprocity, but your dad cannot gift you a firearm if you and he live in different states. If the intent was for you to purchase the gun the sale would have needed to go through a FFL while he was alive. If little brother is the sole heir through a will or intestate succession he inherits the guns regardless of what other arrangements you and your father may have made for you to acquire the gun before he passed. Even if cousin Jack did deposit the check, if the sale was not completed through a FFL before your father passed it would not matter. It seems your only options now are to either purchase the gun from little brother through a FFL, or contest the will if one exists.

oblig: IANAL

**Emptymag** · November 20th, 2018, 02:15 PM

Yeah, father could have "given" the guns to you (no money involved), but the "gifting" thing between parents and children is only relevant if both reside in PA.
Interstate transfers require an FFL transfer.

The rest of the mess is too convoluted for me to even attempt to comment on.