Inheritance Question

[raynareg]

Hi All,

I live in NJ, have my own shotguns & handguns, firearms ID card, etc. My Father in Law lived in PA and just passed away. He had many shotguns and some handguns. He left "all personal possessions" to my husband, but didn't specify the exact make/model of the guns (or anything else for that matter).

I know in NJ, for an inheritance it wouldn't require permit/paperwork, etc. but does anyone know the actual law in PA if we wanted to keep some of the guns since we live in NJ?

And if we wanted to sell the guns to a gun dealer and/or private party?

Thanks!
Rayna

[Shadow Heart]

Hi All,

I live in NJ, have my own shotguns & handguns, firearms ID card, etc. My Father in Law lived in PA and just passed away. He had many shotguns and some handguns. He left "all personal possessions" to my husband, but didn't specify the exact make/model of the guns (or anything else for that matter).

I know in NJ, for an inheritance it wouldn't require permit/paperwork, etc. but does anyone know the actual law in PA if we wanted to keep some of the guns since we live in NJ?

And if we wanted to sell the guns to a gun dealer and/or private party?

Thanks!
Rayna

i have no official clue on how to answer this so please take this as a idea, and i am sure one of our members with the answer will be around, my suggestion would be, to gift those items ( before taking possession of them) to a family member that resides in PA, then do the normal paper work from there in NJ to transfer them to your husband. i am just not sure on how it would work as a gift, or even for a transfer fee, since your a NJ res. keep in mind I AM NOT A LAWYER, but i would like to know how this works since a lot of my moms side of the family are from NJ.

[knight0334]

He is legal under PA law, federal law, and NJ law to receive the guns without paperwork if your husband was named in the will to receive such.

Both PA and federal law have specific exemptions on bequests, and I'm almost certain NJ does too.


PA's law..

18 Pa.C.S. § 6115: Loans on, or lending or giving firearms prohibited
(a) Offense defined.--No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as provided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.
(b) Exception.--
(1) Subsection (a) shall not apply if any of the following apply:
(i) The person who receives the firearm is licensed to carry a firearm under section 6109 (relating to licenses).
(ii) The person who receives the firearm is exempt from licensing.
(iii) The person who receives the firearm is engaged in a hunter safety program certified by the Pennsylvania Game Commission or a firearm training program or competition sanctioned or approved by the National Rifle Association.
(iv) The person who receives the firearm meets all of the following:
(A) Is under 18 years of age.
(B) Pursuant to section 6110.1 (relating to possession of firearm by minor) is under the supervision, guidance and instruction of a responsible individual who:
(I) is 21 years of age or older; and
(II) is not prohibited from owning or possessing a firearm under section 6105 (relating to persons not to possess, use, manufacture, control, sell or transfer firearms).
(v) The person who receives the firearm is lawfully hunting or trapping and is in compliance with the provisions of Title 34 (relating to game).
(vi) A bank or other chartered lending institution is able to adequately secure firearms in its possession.
(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.
(3) Nothing in this section shall be construed to prohibit the loaning or giving of a firearm to another in one's dwelling or place of business if the firearm is retained within the dwelling or place of business.
(4) Nothing in this section shall prohibit the relinquishment of firearms to a third party in accordance with 23 Pa.C.S. § 6108.3 (relating to relinquishment to third party for safekeeping).

Federal law..

TITLE 18 > PART I > CHAPTER 44 > § 922
§ 922. Unlawful acts

(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;

[rwb1500]

Read this;

http://forum.pafoa.org/pistols-41/13...-question.html

[knight0334]

Since your husband is now the owner. The guns would then have to follow federal law on transfers from NJ. If your husband wanted to sell any handgun to a buyer from any state other than NJ, it would have to go through a FFL in the buyer's home state. Long guns could go through a FFL in any state.

He can sell any of the guns to a FFL in any state. However the state laws apply too, so the gun must be legal in that new state.

[Shadow Heart]

my assumption was in reading the OP was that because there was no actual make, model, serial #'s mentioned in the will, (because in PA not needed, that NJ required that information when it pertains to firearms of any kind?

[knight0334]

my assumption was in reading the OP was that because there was no actual make, model, serial #'s mentioned in the will, (because in PA not needed, that NJ required that information when it pertains to firearms of any kind?

NJ doesn't have a registration. No where in US or PA law does it require the guns be specifically listed. They were part of his personal properties that were bequest to the heir.

NJ specifically exempts transfers from the deceased to heirs or estates - no paperwork necessary(except for "Assault Weapons"). However their 1 gun per month law may effect multiple transfers. They have a form for receiving multiple guns, and on that form is an option for inheritances.

Multi-transfer form.
http://www.state.nj.us/njsp/info/pdf...910-sp-015.pdf

The NRA's NJ law page;
http://www.nraila.org/statelawpdfs/NJSL.pdf

[Shadow Heart]

NJ doesn't have a registration. No where in US or PA law does it require the guns be specifically listed. There were part of his personal properties that were bequest to the heir.

NJ specifically exempts transfers from the deceased to heirs or estates - no paperwork necessary(except for "Assault Weapons"). However their 1 gun per month law may effect multiple transfers. They have a form for receiving multiple guns, and on that form is an option for inheritances.

Multi-transfer form.
http://www.state.nj.us/njsp/info/pdf...910-sp-015.pdf

awesome, just as i suspected, someone with the a more right answer would be around.

[raynareg]

All of this is very helpful!!

I'm "into" the guns and shooting, he's totally not and has no clue. I know the NJ laws but was clueless on the PA end and didn't even know where to start.

I'm going to check out the links and go from there. THANKS much everyone!