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May 26th, 2007, 12:27 PM #1Junior Member
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Sidman,
Pennsylvania
(Cambria County) - Posts
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Registration of "inherited" pistols
Do guns that are left when a person dies have to be registered to the receiver? It may sound like a dumb question but employees at Gander Mountain say no. The state police said that they should be (as opposed to must be).
It seems odd because an insane person or felon, for example, could then aquire the pistol and commit a crime and the gun could possibly be untraceable.
The state policeman that I talked to briefly said that since there was no mention of them in the will the guns may be difficult or impossible to register to another. As it stands now, the first vulture through the door (literally within hours of death) claimed ownership.
Three or four pistols were scattered to the wind and so I also asked the state trooper whether or not it is possible to determine if any guns were registered to the deceased and he asked for a name and birthdate and seemed like he was going to give the info to me. I told him that I would have the executor of the estate call. I wouldn't think that they would just give info so freely. What if I was fishing to see what guns my neighbor had?
Any help would be appreciated and especially so if statute could be referenced.
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May 26th, 2007, 01:07 PM #2
Re: Registration of "inherited" pistols
I'm pretty sure the matter is really simple. You would just take the firearm to a FFL or the make, model, and serial number to the county sheriff along with the death certificate and a copy of the will, if any, and have them register it to you. The sheriff will probably be your best bet, but I'm sure an FFL could do it also...
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May 26th, 2007, 01:07 PM #3
Re: Registration of "inherited" pistols
The property should not be snached up until the executor says so. If the transfer is from father to son/daughter/ spouse there is no requirement for paperwork. After all there is no gun "registry" in PA. The PSP does maintain a "sales record" as this is not a sale.....
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May 26th, 2007, 01:21 PM #4
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May 26th, 2007, 03:32 PM #5
Re: Registration of "inherited" pistols
First, you need to be a little more specific, are you talking about handguns or long guns (rifles & shotguns)?
No vulture through the door can claim anything, since all property will now be in the hands of the surviving spouse or next of kin.
A will is used to state who is supposed to get what after a persons death.
If a rifle or shotgun is not listed in the will the spouse or next of kin who has power of attorney has the say as to who gets what.
A long lost son or grandson, etc cannot lay claim to the grandfather's long guns and say, "I'll take that". It's a theft. The spouse or next of kin should treat it as such, if they don't want that person to have it. If they don't care if he has it then there is nothing he has to do as no record is kept for the sale of long guns.
In the case of a handgun, while no paper work is required for the transfer between parent and child or grandparent and child, it would be wise to have it transfered. The spouse or next of kin with power of attorney will need to go to an FFL with a copy of the power of attorney and death certificate and transfer the handgun over to the person who will get it.
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May 26th, 2007, 04:56 PM #6
Re: Registration of "inherited" pistols
Cant an immediate family member give a firearm to you without the need for paperwork of any kind?
For example: My grandfather, approaching 80 yrs old and with very arthritic hands, hands me a pistol and says: "I'm just not capable of shooting this thing anymore. I want you to have it."
At this point, is it not mine without any legal obligation for paperwork?
I need to know this.
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May 26th, 2007, 05:32 PM #7
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May 26th, 2007, 05:40 PM #8
Re: Registration of "inherited" pistols
If your" Grandfather" wants to give you a rifle, shotgun, or pistol/revolver, he
can do so. There is no transfer that has to be performed. It has to be passed
on in direct blood line of descendants. Or a Grandson can give one to a Father/
Mother, or Grandparents. However a brother/sister cannot, then a transfer has
to be performed.FUNDAMENTALS
"All that is needed for Evil to Prevail is for Good Men to
do Nothing"
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May 26th, 2007, 06:21 PM #9
Re: Registration of "inherited" pistols
Okay thanks and sorry for the mini hijack
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May 26th, 2007, 08:32 PM #10
Re: Registration of "inherited" pistols
IIRC, the executor of the persons estate, whether it is the spouse, lawyer, or someone else, now controls the firearms. If the will doesn't say who gets what it is up to the executor as to who gets what. If it happens to be handguns then they have to be transferred through the proper route (FFL or Sheriff). If the will designated who was to get what (ie grandparent to grandchild), then no paperwork is required but many people want to get the transfer on paper "just in case". Most FFL's would do this for a small fee.
Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member
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