Pa handgun transfer law

[Tommycat]

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?

[gnbrotz]

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.

[MARINE DIVISION TWO]

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 >

[:-)]

Who is the executor?

[gnbrotz]

Who is the executor?

No will = no executor. The laws of Intestate Succession govern the disposition of the deceased's property.

[bug]

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

[abner13]

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?

[Xringshooter]

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.

[Berncly]

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

[ItchyTick]

The fiance has no standing.

Talk an attorney.