Inherited Handgun question.

[jtsgsxr6]

I am somewhat familiar with the laws concerning inherited or gifting guns from parents/grandparents to children. My family has a dilema that I do not know the correct answer to. Names used for clarity and are not real names.

Here is the scenario: My Great Grandfather (lets call him Bob for clarity sake), while still living, left two pistols to my Grandmother and Grandfather, (essentially to grandmother since she is Bob's daughter.) Grandmother and Grandfather will be Stacy and Mike. Bob passed some years ago, after leaving guns to Stacy. Now a couple years ago Stacy has since passed as well. My grandfather , Mike, is still alive and now is holding the pistols. He is worried that he cannot legally own these two pistols.

In my mind Stacy legally owned Bob's pistols, and did so without a transfer since none is required from parent to child. Mike now owns all property and estate of Stacy or shared, that was not otherwise handed out to children and grandchidren from Stacy's will.

Does Mike now legally own the pistols? Is there someway of post mortum tranferring them from his wife, Stacy, to himself.

I am the great grandchild of Bob, and from what I can find the gifting down without transfer only applies to parent or grandparent, NOT greatgrandparent.

Does anyone have links to laws pertaining to this scenario?

[canadian_zealot]

Any individual or dealer selling a handgun is required to sell or transfer it at the place of business of a licensed dealer or county sheriff’s office.

Transfers of all firearms (handguns, rifles and shotguns) by a licensed dealer are subject to an instant records check of the purchaser.

The purchaser must sign a transfer application/record of sale for the purchase of a handgun.

No transfer application/record is necessary to transfer a rifle or shotgun.

There is a $2 fee for the instant check and a $3 firearm sale surcharge to cover telephone costs.

Transfers between spouses, parent and child or grandparent and grandchild or between active law enforcement officers are exempt from the above requirements..... got this from
http://crime.about.com/od/gunlawsbys...gunlaws_pa.htm

thus bob passing it to stacy is legal, then stacey to mike is legal, then mike to you is legal too.

[jtsgsxr6]

Thanks for that link. I'll keep searching and maybe someone else has it too, a more official document of the laws.

[tlgpa]

Now a couple years ago Stacy has since passed as well. My grandfather , Mike, is still alive and now is holding the pistols. He is worried that he cannot legally own these two pistols.

In my mind Stacy legally owned Bob's pistols, and did so without a transfer since none is required from parent to child.

Stacy transfered the pistols to her husband Mike before she died. This is absolutely true and if anyone doubts it, let them go ask Stacy. Since no paperwork is required, all that is needed is her word or Mikes word. (Get the point?) Make sure Mike get's the point and all is good.

Does Mike now legally own the pistols? Is there someway of post mortum tranferring them from his wife, Stacy, to himself.

Yes he does. Stacy transfered them before she died, no need to transfer them again.

Since Mike is your grandparent, he can transfer them to you if he wishes.

Does anyone have links to laws pertaining to this scenario?

http://reference.pafoa.org/statutes/...r-of-firearms/

[jtsgsxr6]

I came across the reference we have here on pafoa, I guess I need to track down an official copy though. Mike is a stubborn old fool sometimes. He still beleives that PA law requires gun registration even though I've tried to clear that up with him too. I think he is going to want to see the official document on this, not an internet reference to. Although I will use our refence of the PA uniform firearms act to try and set his mind at ease.

Thanks guys.

[JCWohlschlag]

I came across the reference we have here on pafoa, I guess I need to track down an official copy though. Mike is a stubborn old fool sometimes. He still beleives that PA law requires gun registration even though I've tried to clear that up with him too. I think he is going to want to see the official document on this, not an internet reference to. Although I will use our refence of the PA uniform firearms act to try and set his mind at ease.

Thanks guys.

The only more “official” online repository for Pennsylvania statutes that I know of is the Unofficial Purdon's Pennsylvania Statutes from West. (And yes, I see the irony of the word “unofficial” in the title.) Purdon’s keeps the repository pretty current of any bills passed, and fully annotates the statutes for cross referencing and links to each statute’s “currentness”. Anything more official than that will require buying or subscribing to law books.

The Uniform Firearms Act can be found in the following nested heirarchy:

Title 18 Pa.C.S.A. Crimes and Offenses

Part II. Definition of Specific Offenses

Article G. Miscellaneous Offenses

Chapter 61. Firearms and Other Dangerous Articles

Subchapter A. Uniform Firearms Act

The PAFOA reference section is basically a copy of Purdon’s, though, so both are basically the same. (The PAFOA reference section was recently updated with the changes from Purdon’s, in fact.)

Addendum: Purdon’s is even listed as the “official” statute repository on the Pennsylvania General Assembly (Legislature) web site. If I remember correctly, Pennsylvania used to have an official online repository for the statutes, but it was gotten rid of now Purdon’s is used instead.

[Pa. Patriot]

He is worried that he cannot legally own these two pistols.

18Pa.C.S.6111(c) provides the exemptions to transfer requirements for both the transfers you mention.

Keep in mind, that even though they were transferred legally, within the exemption above, that even if they were NOT transferred per 6111 the ower is still in legal possession. The statute makes it a crime to "transfer to", as in criminalizes the transferor. Not the gun itself. Save for unregistered NFA weapons there are no illegal guns in Pa.

Does Mike now legally own the pistols?

Yes, yes, yes. See above.

Is there someway of post mortum tranferring them from his wife, Stacy, to himself.

??? Not needed. See above

I am the great grandchild of Bob, and from what I can find the gifting down without transfer only applies to parent or grandparent, NOT greatgrandparent.

AFAIK, you are a grandchild per the statute. .
But regardless, Mike has them now and you said he is your grandfather. Moot point. Your making a mountain out of a mole hill here. It's legal - not much else to say.

Oh, and stop saying GIFT!

There is no requirement that "transfers" exempted under 18Pa.C.S.6111(c) be "gifts".
The exemption exempts "transfers" Transfers includes SALES, trades, gifts, etc, etc.

Does anyone have links to laws pertaining to this scenario?

18Pa.C.S.6111(c)

Mike is a stubborn old fool sometimes. He still beleives that PA law requires gun registration even though I've tried to clear that up with him too.

18Pa.C.S.6111.4 should clear that up pretty quick

I think he is going to want to see the official document on this, not an internet reference to.

Show him the law. What other "official document" is there?

[jtsgsxr6]

18Pa.C.S.6111.4 should clear that up pretty quick



Show him the law. What other "official document" is there?

My only concern is that all of the links are references. They are accurate I am sure, however I can't tell you that gramps will want, an official hard copy from the source, not refernces on the internet. They are good enough for me but, I'm not my grandfather.


I apologize for my ingorance on the topic and I'm sure you all were saying "search" in your heads. But I appreciate the help.

[tlgpa]

Originally Posted by jtsgsxr6
I think he is going to want to see the official document on this, not an internet reference to.

Show him the law. What other "official document" is there?

I think what he's saying is grandpop is an old fart and won't believe what's written on the internets and wants to see the law written in a book. Or at least something from an official PA State website would be helpful.

Sounds like grandpop isn't going to believe what's written on pafoa or paopencarry.

[Pa. Patriot]

If he's that stubborn he should take the citations to the library and read it himself.............. or hire an attorney. Not much else we can do for him here.