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December 7th, 2018, 11:20 PM #1Junior Member
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Pittsburgh,
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Question on carrying a gun registered to someone else.
My uncle passed away and I now have his handgun. Is it legal for me to carry his handgun? I don't, but a coworker and I were discussing it. I have a PA CCW permit. I haven't switched registered the gun to me yet because I was told that my dad would have to do that first being he is the brother.
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December 7th, 2018, 11:39 PM #2Grand Member
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Richboro,
Pennsylvania
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Re: Question on carrying a gun registered to someone else.
Your uncle can not normally transfer a firearm to you or his brother without going thru an FFL. Only parents and children (and maybe grandparents?) are exempt.
Since he has passed there are provisions for transfer as part of his estate. Unfortunately in most cases who gets the firearms is not mentioned exactly in the will. The survivors later decide who gets what. This is a grey area.
I would have your dad or your uncle's closest relative transfer the firearm to you at an FFL. The FFL is not going to ask to see the will. Then its yours and you will not get hassled about it.
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December 7th, 2018, 11:41 PM #3
Re: Question on carrying a gun registered to someone else.
Unless it was willed to you in the estate when he passed, you're in illegal possession of it. Your father would need the same. There is no provision for giving a handgun from Uncle to nephew or brother to brother.
If your father inherited the gun from the estate, he can legally gift it to you as father to son is allowed. The inheritance is important.
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December 7th, 2018, 11:46 PM #4
Re: Question on carrying a gun registered to someone else.
Illegitimus non carborundum est
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December 8th, 2018, 12:23 AM #5
Re: Question on carrying a gun registered to someone else.
As a holder of a PA LTCF, you may borrow another's handgun. That suggests a temporary possession, which is where you are now. If all involved are residents of Pennsylvania, there is an easy out if your uncle had children. Have one of the surviving children or wife transfer it to you at an FFL.
If not, an executor or executrix bearing documents assigning the authority to distribute your uncles estate (will, or Letters Testamentary, whatever) can transfer via FFL to your father who in turn can give it to you, or can transfer it to you directly using an FFL.
Do not possess the handgun too long without getting it transferred. I think you would be wise to get it back to the family or arrange a meeting at an FFL ASAP.Last edited by Bang; December 8th, 2018 at 02:11 AM.
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December 8th, 2018, 12:24 AM #6
Re: Question on carrying a gun registered to someone else.
To whom did your uncle's estate go to when he passed? That is the person who would have to transfer the firearm to you through an FFL. If it was your uncle's widow, she would have to do it. If there was no will, someone has to contact an estate attorney.
Two points of order: There is no registration of firearms (handguns, rifles, shotguns) in Pennsylvania. Also, Pennsylvania does not have a "CCW Permit". Other states do, but Pennsylvania has a "License to Carry Firearms", otherwise known as an "LTCF", which permits you to do more than just carrying concealed.
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December 8th, 2018, 12:50 AM #7
Re: Question on carrying a gun registered to someone else.
In cases like this, most firearms simply disappear.
It is difficult to free fools from the chains they revere. Voltaire
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December 8th, 2018, 07:47 AM #8
Re: Question on carrying a gun registered to someone else.
I realize you're speaking hypothetically and we're not recommending that, are we, because a "disappearing" a firearm may and would be considered illegal if discovered, and it's a violation of forum rules to recommend taking an illegal action, isn't it?
Just sayin,
NoahWisdom and knowledge shall be the stability of thy times.
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December 8th, 2018, 10:49 AM #9Super Member
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Phoenixville,
Pennsylvania
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Re: Question on carrying a gun registered to someone else.
I'm not suggesting anybody should do anything illegal. Just asking a question for clarity. Since, in PA, a person can legally come into possession of a handgun in several different ways, is it presumed illegal for a person to possess a handgun which is has not been formally transferred to him at an FFL? For instance, that person might have purchased the handgun out of state while residing there and subsequently brought it to PA. He might have been gifted it by a father, grandfather, etc. He might have purchased it years ago before transfers were done. Perhaps he purchased a house and discovered it in the attic years later, with no way to contact the previous owners.
I'm just wondering exactly what is required of a person in possession of a known not stolen handgun in similar circumstances, both with respect to Pa as well as Federal laws.
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December 8th, 2018, 02:48 PM #10Super Member
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Montco,
Pennsylvania
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Re: Question on carrying a gun registered to someone else.
Would this be legal as a "no ffl required" scenario? (assuming it all took place before anybody died):
Uncle transfers to his father (your grandfather).
Grandfather transfers directly to you, or to your dad, who then transfers to you.
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