Out of State, POA, disqualified person question.

**JWS** · December 16th, 2019, 07:56 PM

Ok so a friends mother passed away, the mother, who lived outside of PA, owned a handgun, probably originally bought in PA. The friend who does live in PA is the POA and only surviving descendant, is not eligible to possess a firearm. She wants to give me the firearm just to get rid of it. I have no problems/restrictions on owning a firearm. What is the legal way to proceed here.
Been off this site for a while now but figured this would be the best place to go.

Thank you

**Walleye Hunter** · December 16th, 2019, 08:00 PM

I'd recommend a lawyer. SigForLife or Gunlawyer001 on here for guidance.

**Berncly** · December 16th, 2019, 08:02 PM

FFL transfer, like any out of state handgun, no difference.

Added:
I spoke too soon, read too fast.
It can be done, but you need to talk to Phil or another gun lawyer.
It has been discussed here before.

Attorney Phil Kline email here: gunlawyer001@gmail.com
Attorney Phil Kline private message here: http://forum.pafoa.org/private.php?do=newpm&u=1125

**SevenMilePete** · December 16th, 2019, 09:49 PM

Originally Posted by Berncly

FFL transfer, like any out of state handgun, no difference.

Added:
I spoke too soon, read too fast.
It can be done, but you need to talk to Phil or another gun lawyer.
It has been discussed here before.

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 does someone who is prohibited transfer a firearm? Tricky situation here. If she has it in her possession currently, she is breaking the law.

**Berncly** · December 16th, 2019, 10:39 PM

Originally Posted by SevenMilePete

How does someone who is prohibited transfer a firearm? Tricky situation here. If she has it in her possession currently, she is breaking the law.

As I remember it, the executor of the estate can transfer the gun via FFL.
It is also possible for the prohibited person to own it without taking possession.
But I'm not a lawyer, best to leave the details to Phil who can explain it to them privately and correctly.

**JWS** · December 17th, 2019, 07:07 AM

After thinking about it overnight, I’m going to have some who is not prohibited take her and the handgun to an ffl and have it shipped here.

**Exbiker** · December 17th, 2019, 08:41 AM

Originally Posted by JWS

Ok so a friends mother passed away, the mother, who lived outside of PA, owned a handgun, probably originally bought in PA. The friend who does live in PA is the POA and only surviving descendant, is not eligible to possess a firearm. She wants to give me the firearm just to get rid of it. I have no problems/restrictions on owning a firearm. What is the legal way to proceed here.
Been off this site for a while now but figured this would be the best place to go.

Thank you

POA ends with the death of your friends, Mom. It is now in the hands of the estate and the executors.
Before anything can be done the executor has to be issued a short certificate.

**gnbrotz** · December 17th, 2019, 06:15 PM

Originally Posted by Exbiker

POA ends with the death of your friends, Mom. It is now in the hands of the estate and the executors.
Before anything can be done the executor has to be issued a short certificate.

This. POA means nothing now. The executor(s) will need to handle things. A (potential) executor that can't legally possess some item they have a duty to deal with is an interesting scenario, indeed.

**Statkowski** · December 17th, 2019, 07:07 PM

Being an out-of-state executor is a royal pain in the ass. Been there, done that. Get in contact with an estate attorney. It may cost a little money, but it sure beats the aggravation and other potential legal problems.