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Thread: WILLED HAND GUNS
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December 25th, 2010, 09:42 PM #1Junior Member
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WILLED HAND GUNS
SAY IF U WERE WILLED HAND GUNS DO THEY HAVE TO BE REG. IN YOUR NAME IF A UNCLE WILLED THEM TO U?
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December 25th, 2010, 10:04 PM #2
Re: WILLED HAND GUNS
Not in PA. They do not require a formal transfer for intrastate or interstate bequests. Other states may require a formal transfer, but not PA from bequests. You probably need to be named specifically on the will for the given gun(s).
PA Law:
18 Pa.C.S. § 6115: Loans on, or lending or giving firearms prohibited
(2) Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21 (relating to intestate succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105.
TITLE 18 > PART I > CHAPTER 44 > § 922
§ 922. Unlawful acts
How Current is This?
(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) 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; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an 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, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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December 25th, 2010, 10:11 PM #3
Re: WILLED HAND GUNS
And by the way... there is no registration of firearms in PA. There is, unfortunately a database of (handgun) sales, that the PSP is (illegally) maintaining... but if you receive them by bequest, you won't appear there.
Assuming you are otherwise eligible to posess a firearm, and yada yada yada.
And I am not a lawyer, so be sure to verify the law before taking any action you are not certain of.
18 PA CS §6111. Sale or transfer of firearms
§6111 (b) (1) (v)
(v) Unless it has been discovered pursuant to a criminal history, juvenile delinquency and mental health records background check that the potential purchaser or transferee is prohibited from possessing a firearm pursuant to section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms), no information on the application/record of sale provided pursuant to this subsection shall be retained as precluded by section 6111.4 (relating to registration of firearms) by the Pennsylvania State Police either through retention of the application/record of sale or by entering the information onto a computer, and, further, an application/record of sale received by the Pennsylvania State Police pursuant to this subsection shall be destroyed within 72 hours of the completion of the criminal history, juvenile delinquency and mental health records background check.
18 Pa.C.S. § 6111.4: Registration of firearms
Notwithstanding any section of this chapter to the contrary, nothing in this chapter shall be construed to allow any government or law enforcement agency or any agent thereof to create, maintain or operate any registry of firearm ownership within this Commonwealth. For the purposes of this section only, the term "firearm" shall include any weapon that is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.Last edited by PA Traveler; December 25th, 2010 at 10:16 PM.
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December 27th, 2010, 12:12 AM #4Junior Member
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Re: WILLED HAND GUNS
just the heck it i fish late at night and im returning to camp and i get pulled over by psp. they ask do i have any guns and i say yes sir heres my drivers lic and protection permit and he runs number on gun that was willed to me witch was bought in the 1970s and shows up not in my name will he take it ?
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December 27th, 2010, 12:34 AM #5Grand Member
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Re: WILLED HAND GUNS
1. In PA, there is NO DUTY to inform an officer you are carrying.
I would answer: "Officer, there is nothing illegal in this vehicle" or ignore his question and don't respond, rather state "Hi Officer, what is the nature of the stop". Keep it focused on the stop, don't entertain his fishing expedition. You are under no obligation to inform him of anything in your car, just don't lie.
2. I would hand over your Car Registration, Drivers License and Proof of Insurance. I would not inform him of your LTCF (License to Carry Firearms) or show him that. It just opens you up for trouble...
A cop can do anything they want, don't allow him/her to get to that point.
If you show them your firearm, LTCF or answer that you have a gun in the car, don't be surprised if you are removed from the car, disarmed, and have your gun taken...
Also, don't consent to any searches or seizure of your car/person/property and verbally inform the officer clearly, multiple times of this.
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