Selling inherited handgun and shotgun

[PKO101]

What does one have to do when selling a inherited weapon which is not registered to the current inherited individual.

[electronics]

As I understand it, the PICS is carried out on the transferee, not the transferer (sp?).

There is no registry in PA, only a sales database which I'm sure someone will point out is illegal, but they keep it anyway. If you inherited said weapons from a parent, grandparent, child, or grandchild and are not a prohibited person I believe they are yours 100% legally. The PSP do not keep a sales database on long guns (I'm relatively certain), and you can purchase/inherit them from anyone as long as you are not a prohibited person.


I'm sure someone will chime in and point out some technicality I'm wrong on, but the above is how I understand it, so long as the gun was inherited from an individual in PA to you in PA.

[knight0334]

Handguns = all you have to do is transfer it to the buyer at a FFL or sheriff.

Long guns = you can sell it just like you would a used coffee table, no special requirements other than you must not have reason to believe the person is prohibited from possessing a gun.

[tl_3237]

Just to clarify/expand, all of the above is correct for sales in Pa between Pa residents.

If the buyer is not a Pa resident then an FFL's services MUST be used to transfer physical possession of the firearms (ie deliver) as follows:

1. Handgun - an FFL licensed in the buyer's state of residence;
2. Longarms - an FFL licensed in any state.

I'm sure someone will chime in and point out some technicality I'm wrong on, but the above is how I understand it, so long as the gun was inherited from an individual in PA to you in PA.

Doesn't matter as long as the arms were legally obtained from the estate distribution regardless of states involved.

[electronics]

Just to clarify/expand, all of the above is correct for sales in Pa between Pa residents.

If the buyer is not a Pa resident then an FFL's services MUST be used to transfer physical possession of the firearms (ie deliver) as follows:

1. Handgun - an FFL licensed in the buyer's state of residence;
2. Longarms - an FFL licensed in any state.



Doesn't matter as long as the arms were legally obtained from the estate distribution regardless of states involved.

Thanks for the out of state clarification. I have a lot of this crap in my head but always forget the differences for non-residents/out of state transfers.

[Xringshooter]

Also does not matter who's estate you inherited them from or where that estate was located (within the USA).

§ 478.29 Out-of-State acquisition of
firearms by nonlicensees.

No person, other than a licensed importer,
licensed manufacturer, licensed
dealer, or licensed collector, shall transport
into or receive in the State where the
person resides (or if a corporation or other
business entity, where it maintains a place
of business) any firearm purchased or
otherwise obtained by such person outside
that State: Provided, That the provisions
of this section:
(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 rifle or shotgun obtained
from a licensed manufacturer, licensed
importer, licensed dealer, or licensed collector
in a State other than the transferee's
State of residence in an over-the-counter
transaction at the licensee's premises
obtained in conformity with the provisions
of § 478.96(c) and
(c) Shall not apply to the transportation
or receipt of a firearm obtained in conformity
with the provisions of §§ 478.30 and
478.97.

§ 478.30 Out-of-State disposition of
firearms by nonlicensees.

No nonlicensee shall transfer, sell,
trade, give, transport, or deliver any firearm
to any other nonlicensee, who the
transferor knows or has reasonable cause
to believe does not reside in (or if the person
is a corporation or other business
entity, does not maintain a place of business
in) the State in which the transferor
resides: Provided, That the provisions of
this section:
(a) shall not apply to the transfer,
transportation, or delivery of a firearm
made to carry out a bequest of a firearm
to, or any acquisition by intestate succession
of a firearm by, a person who is permitted
to acquire or possess a firearm
under the laws of the State of his residence;...