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May 13th, 2010, 02:43 AM #1
Father died...getting the guns--how?
I hope this is the right section of the board.....
My father passed away about a month ago, and he had some rifles/pistols. I know I'm going to get at least one of each, possibly more as one of my brothers isn't interested. The timeframe on when I will actually get them is iffy due to where I am right now, and my mom--understandably--not wanting to worry too much about that right now.
My question is what do I need to do to get them legally in my possesion?
Here's the info:
- All are in Jersey, I'm in PA
- The handgun was bought/acquired in the 80s, and may be unregistered. It is a 1st gen Glock 17 that was (I think) bought/given from a police chief friend of his back in the 80s.
- There is also a Ruger Mk I .22 calibur target pistol that is defintiely unregistered, as it was purchased by him back in the 60s.
I believe the rifles are easy, as all I need to do is take them and that's it since there is no rifle registration in NJ or PA--and they have been his before there was ANY gun registration back in the 50's & 60's.
I'm asking for anyone that would know to help me out with some info or even where I can find the info. I want to be able to take the pistols to the range, and maybe even carry the glock now and then so I want them to be up and up...but I don't want to be stupid and register something that doesn't need to be registered either, but at the same time if I grab the glock in self defense in my home I don't want to be immediatley branded a criminal because it's not 'registered' somewhere.
Anyone know the rules? I do want to be up and up, of course.
Thanks,
camperIt's the 2nd Amendment that protects all others
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May 13th, 2010, 03:03 AM #2
Re: Father died...getting the guns--how?
My deepest sympathies to you and yours.
.......Last edited by str8shooter; May 13th, 2010 at 07:50 AM. Reason: leaped before I looked.
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May 13th, 2010, 03:52 AM #3
Re: Father died...getting the guns--how?
18 U.S.C. § 922
(a) It shall be unlawful -
. . .
(3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person
is a corporation or other business entity, the State where it
maintains a place of business) any firearm purchased or otherwise
obtained by such person outside that State, except that this
paragraph
(A) shall not preclude any person who lawfully acquires
a firearm by bequest or intestate succession in a State other
than his State of residence from transporting the firearm into or
receiving it in that State, if it is lawful for such person to
purchase or possess such firearm in that State,
(B) shall not apply to the transportation or receipt of a firearm obtained in
conformity with subsection (b)(3) of this section, and (C) shall
not apply to the transportation of any firearm acquired in any
State prior to the effective date of this chapter;Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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May 13th, 2010, 05:03 AM #4Banned
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May 13th, 2010, 08:20 AM #5
Re: Father died...getting the guns--how?
These good folks are quite correct in that I was incorrect. I still have trouble with the way the exceptions are worded, putting this subject matter into the category of "thou shalt not speak of what thou doth not know of" for me.
My apologies for bad intel, and again, my condolences.
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May 13th, 2010, 08:40 AM #6
Re: Father died...getting the guns--how?
Sorry to hear of your loss.
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May 13th, 2010, 08:50 AM #7
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May 13th, 2010, 09:29 AM #8
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May 13th, 2010, 10:46 AM #9
Re: Father died...getting the guns--how?
What I mean by registered, is that if I buy a gun today in 5 years someone can say "Yep...this camper fella bought a firearm from this dealer, on this date, for this price" what with receipts and background checks and everything else having an indefinite shelf life as sales and transactions are no doubt entered into some computer somewhere, and 'mystery' lists that nobody says they have yet are rumored to exist to aid police in finding a firearms rightful owner in the event of it showing up in a crime some day.
In essence, due to the age in which these firearms were purchased, they technically (with the exception of maybe the glock) are not known to exist.
It's looking like I can just take them (if I'm misreading PLEASE be blunt about it) however my father didn't actually will them to me...everything reverts to my mom who is giving them to me as my father would wanted me to have them and she is fulfilling his unwritten wishes.
So since it's not written in a will, does that negate the paragraph gunlawyer cited, and now I need to go through a FFL? To which I'm not worried, I've got a CCL and I know I'll pass the check and I'd pay more than $35 a pop to get my fathers guns...just don't want to do that if I don't have to.
camperIt's the 2nd Amendment that protects all others
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May 13th, 2010, 10:47 AM #10
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