Transfer of firearms

**7six2** · August 22nd, 2007, 11:36 AM

Here is a bit of a question for all of you. A friend of mine recently passed and with out a will. He had several ( a lot ) rifles and handgun's which should belong to his wife. I doubt most are registered. Her lawyer has told here she must get them all registered in her name to settle the estate and then she can dispose of them. I have read through the law books the BATF has sent me along with Pennsylvania law but am still unclear on a couple of issues.

I thought a transfer of a rifle or shotgun could be nothing more than verbal and the exchange of cash in Pa. I know handguns must be transferred.

What is the process to re register? If she takes in the unregister gun do they do a check on the serial number?

Any suggestions would be welcome. If more information is needed let me know.

**Pa. Patriot** · August 22nd, 2007, 11:43 AM

Her lawyer is 100% mistaken.

Your essentially correct:

There is no "registration" of firearms in PA.

Handguns must be transferred on a "application/record of sale" (a de-facto registration of sorts) but husband/wife is an exception.
So, in her case she need not transfer the handguns.

Long guns are no paperwork required for even non family members w/in PA.

I wonder what else this incompetent attorney is doing incorrectly in regards to the estate?

**mauser** · August 22nd, 2007, 12:47 PM

FIND A DIFFERENT LAWYER!
Preferably one who knows something about Pa. laws.
It sounds like this one should be reported to the Pennsylvania Bar Association:

Pennsylvania Bar Association
100 South Street
Harrisburg, PA 17101
800-932-0311

**SigForLife** · August 22nd, 2007, 01:31 PM

Before everyone jumps on what allegedly this attorney said, terminology could have been lost "in the translation." While there is a husband/wife exception, the executor should go through an FFL to make sure the individual is legally able to own a firearm. In the wife/husband scenario, it was considered to be when both were alive, and each would have intimate knowledge of the other's prior, if any, legal woes. Thus, since the husband is dead, the attorney might be suggesting that she go through an FFL for the background check. The attorney *could* be held liable if he didn't at least suggest it, and possibly, even if he doesn't make sure that it has occurred, if she is not allowed to own a firearm. When I attended the Firearms in Estate CLE (Continuing Legal Education) Course, they drilled this into everyones head.

**mauser** · August 22nd, 2007, 02:22 PM

Originally Posted by SigForLife

Before everyone jumps on what allegedly this attorney said, terminology could have been lost "in the translation." While there is a husband/wife exception, the executor should go through an FFL to make sure the individual is legally able to own a firearm. In the wife/husband scenario, it was considered to be when both were alive, and each would have intimate knowledge of the other's prior, if any, legal woes. Thus, since the husband is dead, the attorney might be suggesting that she go through an FFL for the background check. The attorney *could* be held liable if he didn't at least suggest it, and possibly, even if he doesn't make sure that it has occurred, if she is not allowed to own a firearm. When I attended the Firearms in Estate CLE (Continuing Legal Education) Course, they drilled this into everyones head.

If there is a communication problem such that "We need to run a PICS to be sure she can legally possess these to settle the estate" is interpreted to be "Her lawyer has told here she must get them all registered in her name to settle the estate and then she can dispose of them", there's a terrible communication breakdown and someone else needs to be called in to keep things clear, or the lawyer needs to speak in terms more easily understood by the common folk.
On the other hand, if someone is trying to talk her out of one or more of the guns and she just said that to keep this person at bay, then that's a different situation altogether and I'll retract my statement with an apology.

**Sebastian** · August 23rd, 2007, 12:30 AM

She does not have to register anything. As his spouse, provided she's not a prohibited person, she can possess any gun he had when he passed away and dispose of it herself. For the pistols, she will have to either go through an FFL or the County Sheriff. For the long guns, she can transfer those privately.

**AdvancedArms** · August 23rd, 2007, 03:40 PM

The wife can control and possess the firearms without any sort transfer from the deceased......provided she is not prohibited or ineligible from aquiring firearms.

If she would like to sell some or all of the collection, my suggestion regardless of firearm being a longgun or a handgun, is to transfer them through a licenced firearms dealer. It is true that longguns may be sold between private parties within Pennsylvania without a transfer, but in this situation, the wife may prefer to have a disposition paper trail.

She has options, here are three off the top of my head:

An estate auction can be held at her premise and a license firearms dealer can do the transfer.

She can consign the firearms with a trust worthy shop.

She can sell them on her own and use a reputable shop to do the transfers or ship the firearms to transfer dealers.

She should consult a knowledgable dealer or two. If you know a dealer who knows his stuff and is not a self appointed expert....send her there.

**Sebastian** · August 23rd, 2007, 04:31 PM

I will agree with the previous poster that it's probably best to do a large number of guns through a reputable FFL. You don't really want to find yourself arguing with the feds that you're not "in the business" of selling firearms because she sold off 10 long guns in a private sale in a short period of time. The FFL will eliminate that possibility.