bequeathed a pistol in a will

[kracer]

I am a NJ resident with a state FID/ firearms id card, who was bequeathed a revolver in a will by a cousin who was a PA resident and recently passed away.

In pursuit of a legal path to possession I was eventually directed to the NJ state police dept who manages firearm seminars for gun dealers. That detective said I just need to go to PA and pick up the gun, so that is now clear on my end re NJ.

PA requirements are still unclear.

The sheriff of the PA town where my cousin lived said an FFL to FFL transfer would be required.

Interesting as the couple of NJ FFL dealers I checked with thought the same thing but clearly indicated they were not certain.

So my question is, does anyone know with absolute confidence what the PA regs are re this situation?

Who would be the final authority to ask in PA?

From a purely legal standpoint being bequeathed a firearm or anything else in a will makes that item legally mine. The term 'bequeath' appears to carry special circumstances that differentiate it from a purchase.

Thanks for your help,

Joe

[Xringshooter]

IANAL, but if it was in the will and the will stated "Gun "X" is to be given to my cousin Mr. John Doe", then the executor just has to hand it to you (since you already know that it is ok in NJ. It does not have to go through a FFL even though you are not a PA resident. 27 CFR 478.30 covers this (it is allowed).

[knight0334]

The state police of NJ was correct.

PA, NJ, and US laws allow for bequeathed guns without a FFL being involved.

For your sake to cover your butt, get a copy of the will stating that the specified gun goes to you and a copy of the death certificate.

If the transfer is from intestate succession(inherited without a will because you are of blood/legal relations), then a copy of the death certificate and some other proof that you are related is a good thing to have.

[kracer]

Thanks for your replies!

I received a copy of the will from the lawyer bequeathing me by name and the desribing the specific pistol.

Now to convince the PA sheriff!
27 CFR 478.30 covers this (it is allowed).

Again, thanks for your quick replies.

[knight0334]

Thanks for your replies!

I received a copy of the will from the lawyer bequeathing me by name and the desribing the specific pistol.

Now to convince the PA sheriff!
27 CFR 478.30 covers this (it is allowed).

Again, thanks for your quick replies.

You shouldn't need to convince the sheriff unless he is holding the gun. Just take possession of it.

Here is something else to support you.

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).

[knight0334]

Also, here is the federal law on the matter:

Title 18 › Part I › Chapter 44 › § 922

18 USC § 922 - Unlawful acts

(a) It shall be unlawful—

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (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 firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

(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;

[tl_3237]

Just to complete the loop - NJ statutes:

NJS 2C:58-3j. Firearms passing to heirs or legatees. Notwithstanding any other provision of this section concerning the transfer, receipt or acquisition of a firearm, a permit to purchase or a firearms purchaser identification card shall not be required for the passing of a firearm upon the death of an owner thereof to his heir or legatee, whether the same be by testamentary bequest or by the laws of intestacy. The person who shall so receive, or acquire said firearm shall, however, be subject to all other provisions of this chapter. If the heir or legatee of such firearm does not qualify to possess or carry it, he may retain ownership of the firearm for the purpose of sale for a period not exceeding 180 days, or for such further limited period as may be approved by the chief law enforcement officer of the municipality in which the heir or legatee resides or the superintendent, provided that such firearm is in the custody of the chief law enforcement officer of the municipality or the superintendent during such period.

You're clean on all three levels PA, Federal, NJ.

[bigandy1966]

Sorry for your loss, Enjoy that pistol and remember the fellow who willed it to you.

[kracer]

You guys are GREAT!!!!!!!!!!

Clear responses backed up by the regs, thank you, thank you!

Thanks so much for your input.

Joe

[kracer]

Back in april i had asked about PA gun laws re bequeath a fiream in a PA will.

Estate is being settled.

Lawyer said I need to do a ffl to ffl transfer and PA law supercedes Federal law. Makes me wonder if they just want to get the gallery where the pistol is located some cash from a ffl transfer.

OK, NJ state police say if bequeathed a firearm go pick it up as it is yours legally.

A NJ ffl who agreed I did not need a pistol permit to purchase now says if a ffl transfer I need a pptp....I know that is wrong and each NJ ffl has a different story. That aside.

I called the PA state police to find out what the score is. Waiting for a call back...and hoping to win power ball .

Anyone have a name in the PA state police I can call for the ultimate ruling????? I've beeen transferred and cut off and left hanging. I need a name or I'll be chasing my tail forever.

I'll go back to the NJ ffl tomorrow am and see if I can straighten out the situation among their salesmen and reach a consensus.

firearm rules are a mine field, too bad for us

thanks, appreciate your help so far but quite a ways to go