Pennsylvania Firearm Owners Association
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  1. #1
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    Default Question about gun inheritance

    my pap passed away a few months ago and he had over 50 fire arms we are startin to figure out what to with it all and i was lookin at keeping his S&W SW40F pistol, do i have to have it transferd to my name and if i do how do i go about that?
    thank you for your time and help

  2. #2
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    Default Re: Question about gun inheritance

    There is no transfer required father to son. As long as he handed them to you prior to passing they are yours.

    This does not include NFA items. They still are a pain

  3. #3
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    Default Re: Question about gun inheritance

    Well, if he didn't give them to you before he died or if it wasn't spelled out in the will who gets what, then the disposition of the guns becomes the concern of the executor of the estate. Once who gets what is determined, then any handguns must be transferred via a FFL. The exception would be if his will gives everything to his spouse. Then she could give the guns to the children/grandchildren without any paperwork at all, including the handguns.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  4. #4
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    Default Re: Question about gun inheritance

    Quote Originally Posted by Xringshooter View Post
    Well, if he didn't give them to you before he died or if it wasn't spelled out in the will who gets what, then the disposition of the guns becomes the concern of the executor of the estate. Once who gets what is determined, then any handguns must be transferred via a FFL. The exception would be if his will gives everything to his spouse. Then she could give the guns to the children/grandchildren without any paperwork at all, including the handguns.
    Any firearm, including handguns, received as part of an estate distribution is exempted under 18 Pa CSA 6115(b)(2) as well as interstate inheritances under 18 USC 922(a)(3)(A) and 922(a)(5)(A).

    Assuming the beneficiary is not a prohibited person or otherwise disqualified (ex: age) and a PA resident then there is no FFL involvement required.

    Similarly for NJ residents no FFL or state licensures are required.

    Other state residents - check you local laws.
    Last edited by tl_3237; September 27th, 2010 at 06:09 PM. Reason: corrected USC cites for "(a)'
    IANAL

  5. #5
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    Default Re: Question about gun inheritance

    Quote Originally Posted by tl_3237 View Post
    Any firearm, including handguns, received as part of an estate distribution is exempted under 18 Pa CSA 6115(b)(2) as well as interstate inheritances under 18 USC 922(a)(3)(A) and 922(a)(5)(A).
    Didn't realize that, thanks for the info and cite.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  6. #6
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    Default Re: Question about gun inheritance

    Quote Originally Posted by TheRookie View Post
    There is no transfer required father to son. As long as he handed them to you prior to passing they are yours.

    This does not include NFA items. They still are a pain
    I'm thinking he may be talking about his grandfather. However, the situation remains the same, as any "transfers" between spouses, parent and child, or between grandparent and grandchild are exempted to the provisions in § 6111 (c).

    And tl_3237 has the rest cited:
    Quote Originally Posted by tl_3237
    Any firearm, including handguns, received as part of an estate distribution is exempted under 18 Pa CSA 6115(b)(2) as well as interstate inheritances under 18 USC 922(a)(3)(A) and 922(a)(5)(A).

    Assuming the beneficiary is not a prohibited person or otherwise disqualified (ex: age) and a PA resident then there is no FFL involvement required.

    Similarly for NJ residents no FFL or state licensures are required.

    Other state residents - check you local laws.
    III%

  7. #7
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    Default Re: Question about gun inheritance

    Quote Originally Posted by NikeBauer21 View Post
    I'm thinking he may be talking about his grandfather. However, the situation remains the same, as any "transfers" between spouses, parent and child, or between grandparent and grandchild are exempted to the provisions in § 6111 (c).

    And tl_3237 has the rest cited:
    yea he was my grandfather sorry about that, all the guns were left to my aunt then she said i could pick out what i wanted to keep and the rest would be sold. i am 22 so does this mean she has to do a ffl to me?

    also thank you again for all your help

  8. #8
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    Default Re: Question about gun inheritance

    Quote Originally Posted by nofear1911 View Post
    yea he was my grandfather sorry about that, all the guns were left to my aunt then she said i could pick out what i wanted to keep and the rest would be sold. i am 22 so does this mean she has to do a ffl to me?

    also thank you again for all your help
    Yes, in this circumstance any handguns that you receive from you aunt will have to be transferred through a FFL. Any long guns can be given directly to you unless she wants them transferred through a FFL (some people are overly paranoid about doing a face to face transfer with no paperwork and even though it is not required by PA or federal law, some people want to do it this way).
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

  9. #9
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    Default Re: Question about gun inheritance

    Quote Originally Posted by Xringshooter View Post
    Yes, in this circumstance any handguns that you receive from you aunt will have to be transferred through a FFL. Any long guns can be given directly to you unless she wants them transferred through a FFL (some people are overly paranoid about doing a face to face transfer with no paperwork and even though it is not required by PA or federal law, some people want to do it this way).
    Absolutely correct since now the OP clarified that its not about an estate as he originally implied. Note: that this is assuming that both parties involved in the transfer (aunt/OP) are PA residents. If the aunt is a non-resident and the OP is a PA resident then even longarm transfers require the services of an FFL.

    Rep sent.
    IANAL

  10. #10
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    Default Re: Question about gun inheritance

    Quote Originally Posted by tl_3237 View Post
    Absolutely correct since now the OP clarified that its not about an estate as he originally implied. Note: that this is assuming that both parties involved in the transfer (aunt/OP) are PA residents. If the aunt is a non-resident and the OP is a PA resident then even longarm transfers require the services of an FFL.

    Rep sent.
    Yeah, I was assuming that both were PA residents, otherwise it is as you stated for the long arms also.
    Ron USAF Ret E-8 FFL01/SOT3 NRA Benefactor Member

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