Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Nov 2018
    Location
    Lewisburg, Pennsylvania
    (Union County)
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    Default Gun purchased from parent prior to death

    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.

  2. #2
    Join Date
    Jul 2013
    Location
    Mohnton, Pennsylvania
    (Berks County)
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    Default Re: Gun purchased from parent prior to death

    You need an ffl in both states first.
    The Gun is the Badge of a Free Man

  3. #3
    Join Date
    Mar 2007
    Location
    Chester Springs, Pennsylvania
    (Chester County)
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    Default Re: Gun purchased from parent prior to death

    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
    Last edited by str8shooter; November 20th, 2018 at 02:15 PM.
    You are a straight white man. You don't get to be the victim, sweetie.

  4. #4
    Join Date
    Jan 2007
    Location
    Pittsburgh, Pennsylvania
    (Allegheny County)
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    Default Re: Gun purchased from parent prior to death

    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.

  5. #5
    Join Date
    Jun 2014
    Location
    Middle of PA, Pennsylvania
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    Default Re: Gun purchased from parent prior to death

    Quote Originally Posted by Emptymag View Post
    The rest of the mess is too convoluted for me to even attempt to comment on.
    Agreed, this could be a legal mess.


    Psalms 73:26

  6. #6
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: Gun purchased from parent prior to death

    Sorry for your loss and even more sorry about what sounds like a dick for a brother. Good luck and hope you can reach an amicable agreement on it.
    If it ain't broke it ain't mine.

  7. #7
    Join Date
    Mar 2011
    Location
    mechanicsburg, Pennsylvania
    (Cumberland County)
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    Default Re: Gun purchased from parent prior to death

    Sorry for your loss, even more sorry for you having to deal with a pita realitive. It's a shame but not unusual for this to happen during these times of loss. Is the rifle black powder or a modern centerfire? If it's black powder I believe no ffl is required. Irregardless little brother seems to be in control of the estate. That being said if your fathers wishes are spelled out in a will he needs to follow those wishes. If not spelled out you may be at his mercy. Good luck

  8. #8
    Join Date
    Oct 2008
    Location
    USN Retired, Pennsylvania
    (Monroe County)
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    Default Re: Gun purchased from parent prior to death

    No will, no Bill of sale, no deal. That's even before you get into the legality of the transfer.

  9. #9
    Join Date
    Jun 2011
    Location
    allentown, Pennsylvania
    (Northampton County)
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    184
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    739638

    Default Re: Gun purchased from parent prior to death

    its amazing what a death in the family will do... my dad passed years ago, and brother tried to say 1/2 the guns were his, when I was with dad when he bought most of them.... we no longer talk to any of the other siblings. Yes they were given lots of dads other stuff too.....
    Sec. 21. The right of the citizens to bear arms in defense of themselves and the State shall not be questioned.

  10. #10
    Join Date
    Jan 2013
    Location
    Berks County, Pennsylvania
    (Berks County)
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    Default Re: Gun purchased from parent prior to death

    Quote Originally Posted by Rosco the Iroc View Post
    No will, no Bill of sale, no deal. That's even before you get into the legality of the transfer.
    Unfortunately right. If there's no official documentation that you were to receive particular items, you're at the mercy of your brother.

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