Pennsylvania Firearm Owners Association
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  1. #1
    Join Date
    Mar 2008
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    Pottstown, Pennsylvania
    (Chester County)
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    Default Out of State, POA, disqualified person question.

    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
    Don't fear the Pit Bull.....fear the owner

  2. #2
    Join Date
    Oct 2012
    Location
    Douglassville, Pennsylvania
    (Berks County)
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    Default Re: Out of State, POA, disqualified person question.

    I'd recommend a lawyer. SigForLife or Gunlawyer001 on here for guidance.
    Stupidity is inherited, ignorance is a choice.

  3. #3
    Join Date
    Jun 2010
    Location
    In the can, Pennsylvania
    (Montgomery County)
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    Default Re: Out of State, POA, disqualified person question.

    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
    Last edited by Berncly; December 16th, 2019 at 08:07 PM. Reason: added
    How can you have any cookies if you don't drink your milk?

  4. #4
    Join Date
    Nov 2013
    Location
    erie, Pennsylvania
    (Erie County)
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    Default Re: Out of State, POA, disqualified person question.

    Quote Originally Posted by Berncly View Post
    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.

  5. #5
    Join Date
    Jun 2010
    Location
    In the can, Pennsylvania
    (Montgomery County)
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    Default Re: Out of State, POA, disqualified person question.

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

  6. #6
    Join Date
    Mar 2008
    Location
    Pottstown, Pennsylvania
    (Chester County)
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    Default Re: Out of State, POA, disqualified person question.

    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.
    Don't fear the Pit Bull.....fear the owner

  7. #7
    Join Date
    Apr 2008
    Location
    Pocono`s, Pennsylvania
    (Monroe County)
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    Default Re: Out of State, POA, disqualified person question.

    Quote Originally Posted by JWS View Post
    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.

  8. #8
    Join Date
    May 2007
    Location
    Chambersburg, Pennsylvania
    (Franklin County)
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    Default Re: Out of State, POA, disqualified person question.

    Quote Originally Posted by Exbiker View Post
    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.
    Attention NRA Life and voting members - LPRGCFRANK running for NRA board of directors

  9. #9
    Join Date
    Oct 2006
    Location
    Cherry Tree, Pennsylvania
    (Indiana County)
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    Default Re: Out of State, POA, disqualified person question.

    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.

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