'Estate firearms transfer legal question?

**Ivan** · March 30th, 2009, 11:09 AM

Are there any exemptions for transfer of Firearms from an out of state decedent to a Resident of Pa ?
My Uncle passed away a few months ago. He was a resident of Florida.Among his property were several non C&R modern handguns. None were listed specificly in will. As executor I have power to dispose of personal property as I see fit. My Florida attorny says I can "buy" the pistols from the estate w/ the cost coming out of my share of inheritence.
Should I bring these pistols to a Pa dealer for transfer?
Does the state allow for waiving the pistol fee because these are from an estate?
There are a few modern rifles. As executor,can I sell these to Pa residents with the money going to the estate? Or should I sell them to Florida residents only ?
Thanks in advance !

**knight0334** · March 30th, 2009, 11:28 AM

You have to abide by federal law first for interstate transfers.

Since you weren't named to receive the guns in a will, and you didn't gain then from secession, but rather you will gain them from executor sale and distribution - any handguns will have to be transferred through a FFL in PA to transfer it to yourself. Long guns will require you to take them to a FFL in either FL or PA to transfer them to you as a PA resident.

FL law doesn't have any restrictions on private sales, for long guns or hand guns. However if you sell to a nonresident of Florida from the estate sales - you and the buyer will have to deal with a FFL to do a proper interstate transfer. All sales to Florida residents can be cash & carry, however I do suggest receipts be made.

**tl_3237** · March 30th, 2009, 11:39 AM

Originally Posted by knight0334

You have to abide by federal law first for interstate transfers.

Since you weren't named to receive the guns in a will, and you didn't gain then from secession, but rather you will gain them from executor sale and distribution - any handguns will have to be transferred through a FFL in PA to transfer it to yourself. Long guns will require you to take them to a FFL in either FL or PA to transfer them to you as a PA resident.

FL law doesn't have any restrictions on private sales, for long guns or hand guns. However if you sell to a nonresident of Florida from the estate sales - you and the buyer will have to deal with a FFL to do a proper interstate transfer. All sales to Florida residents can be cash & carry, however I do suggest receipts be made.

^^^ +1

One question that I do have is if the executor can legally transport the firearms from Fl to Pa for the FFL transfer. Would his capacity as 'executor' qualify him under the 'lawfully possess and carry' phrase of 18 USC 926A with the understanding that he is delivering the firearms directly to a Pa FFL?

**knight0334** · March 30th, 2009, 11:51 AM

Originally Posted by tl_3237

^^^ +1

One question that I do have is if the executor can legally transport the firearms from Fl to Pa for the FFL transfer. Would his capacity as 'executor' qualify him under the 'lawfully possess and carry' phrase of 18 USC 926A with the understanding that he is delivering the firearms directly to a Pa FFL?

Why wouldn't it? He has a lawful right to possess them as the executor under Florida law, and as the executor he would be delivering them to the FFL in PA to transfer them to himself as regular Joe Smo of PA. There is the alternative to ship them to a FFL in PA, which is basically the same thing.

**tl_3237** · March 30th, 2009, 06:47 PM

Ivan:

For starters I am not a lawyer (IANAL) and I’m not intending to provide legal advice but I’m going to present my understanding of the issues involved. I strongly urge that you consult with your attorney but, if it were me, I would investigate the feasibility and legality of what follows:

Based on my reading, you are the executor of your Uncle’s will and there are at least two beneficiaries, one of which is you. The firearms were not specifically mentioned in the will but fall into the estate’s unnamed personal property. Under your executor-ship you are charged with determining the distribution of the firearms amongst other property. I’m further assuming that you are not a ‘prohibited’ person under any Federal, Pa or Fl law.

I presume you will be equally dividing the unspecified property amongst all the beneficiaries unless the will specified otherwise. So long as they agree and the value of the partitions are compliant. I would suggest placing the firearms into your apportionment of the estate so that you become the owner by inheritance. Do not ‘buy’ the guns from the estate.

Since you now are the owner by indirect bequest consider the following:

Pennsylvania does not require you to use an FFL since the firearms are yours - you are not transferring them to another party.

Federally, you can acquire firearms interstate and transport them back to Pennsylvania without an FFL when its by bequest. (ref. 18 USC 922(a)(3)(A) & 5(A) also 27 CFR 478.29 & 429.30 [text available here]). You can have the firearms shipped directly to you or, assuming you can legally take possession of them in Fl, you can transport then back to Pa under the conditions and protection of 18 USC 926A.

Once again IANAL but there are knowledgeable people on this forum who may care to opine - just remember that anything you read on the forum is generally a lay-person's interpretation and you need to act in concert with your attorney’s advice.

Maybe my reasoning is flawed but I'm proffering it so others can correct or expand on it.

**Ivan** · March 30th, 2009, 08:59 PM

Thanks for the info guys ! Read over 922 and this should apply. Will run this by my attorny in Florida. Myself and two other hiers desire some of these firearms. All are out of state. Sounds like the inheritor has to personally pick up the firearm. Will discuss this w/ my Florida attorny. Would make things alot easier and save on transfer fees etc.

**tl_3237** · March 31st, 2009, 11:53 AM

Ivan:

Bear in mind that inherited firearms may be treated differently in other states. You should have no problem in Pa since they are YOUR firearms when you introduce them into the state. Actually, NJ has a specfic exemption from the licensing/permit process for inherited arms. If the heirs live in other states they should check their individual state laws regarding acquiring inherited firearms.

In any case, IMO, all heirs are clear as far as the Federal implications.