Willing a firearm from a different state

[bluehen59]

Parents live in MD, I know the PA laws on receiving firearms from parents, but would it change since they live in MD? My mother was doing.some paperwork and wanted to figure out if it would be easier to leave the gun to my brother who lives in MD or me (hopefully) in their will.

[tl_3237]

Parents live in MD, I know the PA laws on receiving firearms from parents, but would it change since they live in MD? My mother was doing.some paperwork and wanted to figure out if it would be easier to leave the gun to my brother who lives in MD or me (hopefully) in their will.

I understand your question is regarding a firearm received from an estate distribution as opposed to a gift between (living) individuals.

As far as Federal law, interstate receipt of firearms from an estate distribution is exempted from the normal constraints (ref 18 USC 922(a)(5)(A) and (3)(A)). The transfer can be direct from the administrator/executor to the beneficiary without the use of an FFL although the estate representative can optionally require the use of an FFL.

As to Pa law, the child parent transfer exception you refer to (18 PA CS 6111(c)) is inapplicable when dealing with estates since an estate has no familial relationship with anyone. However, transfer of inherited firearms do not require an FFL involvement in Pa under 18 Pa CS 6115(b)(2).

Insofar as Pa and Federal law is concerned there is no issue (assuming you're not otherwise prohibited),

[knight0334]

Maryland's state laws will likely apply since that is were the estate will be. The last time I tried looking up a MD gun law it was a pain in the butt. Their statutory listings and structures are a train wreck.

But as tl_3237 pointed out, federal and PA laws aren't a problem.