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Thread: Question about gun inheritance
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September 27th, 2010, 04:09 PM #1
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
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September 27th, 2010, 04:31 PM #2
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
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September 27th, 2010, 04:37 PM #3
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
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September 27th, 2010, 05:42 PM #4
Re: Question about gun inheritance
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
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September 28th, 2010, 07:00 AM #5
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September 28th, 2010, 09:06 AM #6
Re: Question about gun inheritance
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:Originally Posted by tl_3237III%
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September 28th, 2010, 09:48 AM #7
Re: Question about gun inheritance
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September 28th, 2010, 10:07 AM #8
Re: Question about gun inheritance
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
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September 28th, 2010, 10:50 AM #9
Re: Question about gun inheritance
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
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September 28th, 2010, 10:58 AM #10
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