Pennsylvania Firearm Owners Association
Page 1 of 2 12 LastLast
Results 1 to 10 of 15
  1. #1
    Join Date
    Jul 2019
    Location
    Huntingdon, Pennsylvania
    (Huntingdon County)
    Posts
    1
    Rep Power
    0

    Default 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?

  2. #2
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    48
    Posts
    11,082
    Rep Power
    21474860

    Default 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.

  3. #3
    Join Date
    Sep 2009
    Location
    POCONO MOUNTAINS, PENNSYLVANIA, Pennsylvania
    (Monroe County)
    Age
    68
    Posts
    2,906
    Rep Power
    21474848

    Default 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 >

  4. #4
    Join Date
    Feb 2015
    Location
    PA
    (Bucks County)
    Posts
    516
    Rep Power
    15106282

    Default Re: Pa handgun transfer law

    Who is the executor?

  5. #5
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
    Age
    48
    Posts
    11,082
    Rep Power
    21474860

    Default Re: Pa handgun transfer law

    Quote Originally Posted by :-) View Post
    Who is the executor?
    No will = no executor. The laws of Intestate Succession govern the disposition of the deceased's property.

  6. #6
    Join Date
    Feb 2015
    Location
    PA
    (Bucks County)
    Posts
    516
    Rep Power
    15106282

    Default Re: Pa handgun transfer law

    I totally missed the no will part...

  7. #7
    Join Date
    May 2007
    Location
    Broomall, Pennsylvania
    (Delaware County)
    Posts
    507
    Rep Power
    1801707

    Default Re: Pa handgun transfer law

    Quote Originally Posted by Tommycat View Post
    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?
    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

  8. #8
    Join Date
    Jun 2010
    Location
    North Penn area, Pennsylvania
    Age
    59
    Posts
    3,145
    Rep Power
    21474849

    Default 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!

  9. #9
    Join Date
    Jan 2007
    Location
    State College, Pennsylvania
    (Centre County)
    Age
    66
    Posts
    4,942
    Rep Power
    18309927

    Default Re: Pa handgun transfer law

    Quote Originally Posted by abner13 View Post
    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?
    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

  10. #10
    Join Date
    Jun 2010
    Location
    In the can, Pennsylvania
    (Montgomery County)
    Posts
    2,640
    Rep Power
    21474848

    Default Re: Pa handgun transfer law

    Quote Originally Posted by Tommycat View Post
    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?
    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=1125
    How can you have any cookies if you don't drink your milk?

Page 1 of 2 12 LastLast

Similar Threads

  1. Handgun transfer from PA to GA
    By GAClayShooter in forum Pennsylvania
    Replies: 4
    Last Post: July 23rd, 2012, 09:27 AM
  2. Transfer of handgun
    By cekeller6121 in forum General
    Replies: 6
    Last Post: December 18th, 2009, 10:26 AM
  3. Transfer of handgun
    By cekeller6121 in forum General
    Replies: 2
    Last Post: December 17th, 2009, 08:30 AM
  4. Handgun transfer
    By soberbyker in forum General
    Replies: 13
    Last Post: February 29th, 2008, 08:51 AM
  5. Transfer of Handgun to PA
    By TaurusGuy in forum General
    Replies: 16
    Last Post: February 11th, 2008, 05:24 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

Local gun shops | Local shooting ranges | Philadelphia Shooting Ranges | Philadelphia Gun Shops | Pittsburgh Shooting Ranges | Pittsburgh Gun Shops