Results 1 to 10 of 14
Thread: Question about inheriting guns
-
April 9th, 2010, 10:14 AM #1Junior Member
- Join Date
- Apr 2010
- Location
-
State College,
Pennsylvania
(Centre County) - Posts
- 3
- Rep Power
- 0
Question about inheriting guns
I read the Law section before posting this, but I still have a question. A relative passed away and my son and I inherited his gun collection. No sales receipts can be found, but he was a very stand-up guy so I have no concern that the guns were legally obtained by him. I am pretty positive the long guns are not an issue for us, but there were several handguns. I need a 100% reliable answer, ideally with reference to State code or whatever, on whether we need to do any kind of registration with the State Police or anyone else for the handguns. All I have is a death certificate. Thank you for your time.
Frequently Asked Questions
Owning Firearms
1.Do I have to register my firearms in Pennsylvania?
No, in fact in Pennsylvania it is actually illegal for any government or police agency to keep a registry of firearms per 18 Pa.C.S. § 6111.4 (Registration of firearms). If you legally possess bring your firearms into the Pennsylvania or come into possession of the firearms legally, no further action is required.
It should be noted however that all transfers of handguns in Pennsylvania are required to go through the Pennsylvania Instant Check System (PICS) and as such the Pennsylvania State Police keep a "Sales Database" of all handguns purchased within the Commonwealth. While almost any casual observer can see that this database clearly violates the spirit of 18 Pa.C.S. § 6111.4 (Registration of firearms), in the Pennsylvania Supreme Court agreed with the Pennsylvania State Police that because the database is not a complete record of all handgun ownership (as people bringing handguns into the state do not have to register them), it does not.
-
April 9th, 2010, 10:22 AM #2
Re: Question about inheriting guns
There is NO registration requirement for the handguns. The only registration is when the handgun is transfered through a sheriff or FFL. Since you acquired them by inheritence you take possession directly without an FFL/sheriff involvement.
The statutes regarding inheritence is:
18 Pa CSA §6115. Loans on, or Lending or Giving Firearms Prohibited.
(a) Offense defined.—No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as provided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.
(2) Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa CS. Ch. 21 (relating to interstate [sic] succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105
I'm assuming that you and your son are not prohibited persons and are 18+ years old.IANAL
-
April 9th, 2010, 10:33 AM #3Junior Member
- Join Date
- Apr 2010
- Location
-
State College,
Pennsylvania
(Centre County) - Posts
- 3
- Rep Power
- 0
Re: Question about inheriting guns
I'll get a notarized statement from the executor. It sounds like that and the death certificate, along with a printout of the statute you provided will put us in good shape. Yes, my son and I are both adults, with no legal prohibitions from owning firearms.
Thank you very much for your reply. This site and its members are a great resource.
-
April 9th, 2010, 10:56 AM #4
Re: Question about inheriting guns
Need more details.
Are you and your son in the same state as the decedent?
Where is the executor?
You have to comply with both the state and federal transfer requirements, but you don't have to register the guns, and there are some exemptions for estates. That being said, police in PA have a tendency to treat the "record of sale database" as a registry, and you may have trouble getting a gun back from any officer who runs the serial number "to see if it's registered to you". And cops really like to run serial numbers whenever they encounter an armed citizen, despite the alleged protections of the 4th Amendment.
The law is on your side, but that hardly helps when Barney Fife is holding your gun and simply refuses to return it. For that reason, it may be a good idea for the executor to transfer the handguns to you using an FFL.
From the executor's side, it's always in his best interests to use an FFL for all firearm transfers from an estate, because he acquires statutory immunity with respect to each such transfer.Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
-
April 9th, 2010, 11:48 AM #5
Re: Question about inheriting guns
FYI, someone is going to need to pay the inheritance tax (PA) on those firearms...I believe it's the executor prior to distributing the deceased assets and after probate. If you're relative is just handing over the guns to you without following the PA law, there could be ramifications. IANAL
The only exception I can think of is if the deceased spouse was the sole beneficiary and she then gave them to you and your son.Last edited by Hawk; April 9th, 2010 at 11:50 AM.
Toujours pręt
-
September 14th, 2017, 06:33 PM #6Junior Member
- Join Date
- Sep 2017
- Location
-
Sweet Valley,
Pennsylvania
(Luzerne County) - Posts
- 1
- Rep Power
- 0
Re: Question about inheriting guns
thank you
Last edited by DenniZee; September 15th, 2017 at 09:52 PM.
-
September 14th, 2017, 08:25 PM #7
-
September 14th, 2017, 08:27 PM #8
Re: Question about inheriting guns
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
-
September 14th, 2017, 08:43 PM #9
-
September 14th, 2017, 11:53 PM #10Grand Member
- Join Date
- Nov 2013
- Location
-
Erie (Harborcreek),
Pennsylvania
(Erie County) - Posts
- 1,609
- Rep Power
- 21474848
Re: Question about inheriting guns
Similar Threads
-
question about guns and ex cons
By holley123 in forum GeneralReplies: 31Last Post: February 25th, 2009, 10:35 AM -
Question about guns.
By RexRider in forum GeneralReplies: 4Last Post: October 12th, 2008, 06:57 PM -
Too many guns question
By Guns4Fun in forum GeneralReplies: 13Last Post: July 8th, 2008, 11:26 AM -
GUNS AND FELONS LEGAL QUESTION
By Shawn.L in forum GeneralReplies: 28Last Post: May 16th, 2008, 02:37 PM -
Possibly inheriting a rifle....
By Dave in PA in forum GeneralReplies: 13Last Post: June 4th, 2007, 04:29 PM
Bookmarks