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Thread: Pa handgun transfer law
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July 21st, 2019, 08:31 AM #1Junior Member
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Pa handgun transfer law
I have a question about Pa handgun transfer. My mother recently passed and had several handguns in her possession. Her fiance does not like guns in the home and wanted them removed. (There is no will and 3 children). To avoid conflict on his end, he brought them to my home for safe keeping in my safe until the estate was created. I do not want them, as I have my own. Was this legal? Am I now considered the owner? If a sibling who is an administrator of the estate shows up and requests them, can I just turn them over? What if that person is not allowed to own firearms but has a registration for one of the guns?
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July 21st, 2019, 08:42 AM #2
Re: Pa handgun transfer law
The fiance broke the law when he "transferred" them to you. With no will, my understanding is that a "fiance" has no place in the line of succession, so technically, he stole them from the estate in order to make the illegal transfers, even though I believe you are technically a legal 33% owner of them. IMO, they currently belong equally to the 3 children. At this point, a consultation with a knowledgeable attorney might be good.
If I were in your shoes, I'd be in a hurry to get them out of my sole possession and formally back into the "estate", but would also be very intentional about doing that in a legal, and well-documented way.Last edited by gnbrotz; July 21st, 2019 at 09:50 AM.
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July 21st, 2019, 09:25 AM #3Grand Member
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Re: Pa handgun transfer law
May cost a few bucks for storage but any FFL should be willing to keep them safe for a fee until a probate is done of the estate.You really don't know at this point who is leagally allowed to posess firearms and this will protect you as you put them into safekeeping and you mothers request >
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July 21st, 2019, 10:13 AM #4Super Member
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Re: Pa handgun transfer law
Who is the executor?
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July 21st, 2019, 10:16 AM #5
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July 21st, 2019, 11:25 AM #6
Re: Pa handgun transfer law
To my way of thinking the guns are currently in the best place they could be. That is in a safe, under control of a legal heir. The three of you have to come together and select an administrator to satisfy the State requirements. I assume that you have a carry permit and being in possession of your mom's guns shouldn't be a problem. Of course, as I've demonstrated many times, I could be wrong. I believe the pressing issue is having one of you heirs appointed Administrator. The rest should be routine. The fiance could be problematic, though. Good luck...
Bob D
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July 21st, 2019, 12:46 PM #7
Re: Pa handgun transfer law
There is no formal paper 'transfer' between parent ~ child. Are you sure she didn't give them to you right before she died , and in your mourning , you simply forgot?
I don't speak English , I talk American!
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July 21st, 2019, 02:38 PM #8
Re: Pa handgun transfer law
Don't go there, the OP has already stated what happened, don't suggest something that can get someone in trouble.
If the OP has his LTCF, he could receive the guns legally (on loan for safe keeping as the fiance didn't want them in the house). If he does not have his LTCF then it might be best to get then to a FFL to hold until an executor is named.
I don't understand the OP's last sentence "What if that person is not allowed to own firearms but has a registration for one of the guns?" What person? The fiance? A named executor? Who has a registration for one of the guns???? We need more information.Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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July 21st, 2019, 02:53 PM #9
Re: Pa handgun transfer law
Best to talk to a lawyer.
Probably going to want one of the children to petition the court to become administrator of the estate.
You can send a message to Phil for reliable advice on what your options are given your specifics.
Attorney Phil Kline email here: gunlawyer001@gmail.com
Attorney Phil Kline private message here: http://forum.pafoa.org/private.php?do=newpm&u=1125How can you have any cookies if you don't drink your milk?
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July 21st, 2019, 04:40 PM #10Banned
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Re: Pa handgun transfer law
The fiance has no standing.
Talk an attorney.
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