Transferring a gun that is no longer operable

[Don Quixote]

My wife's family in PR has her grandfatehr's old revolver. The gun had, years ago,been disabled by the police because, afetr his death, grandma did not want it. The gun has the cylinder drilled so they cant accept rounds and the barrel has been plugged. Also, it appears that something has been done to the action but not sure. All the markings except the serial number have been destroyed.

What are the legalities of me taking posession of this family relic? It has no value other than sentimental.

Can I just mail it to myself? Is it even still considered a firearm?

Thanks

[tl_3237]

My wife's family in PR has her grandfatehr's old revolver. The gun had, years ago,been disabled by the police because, afetr his death, grandma did not want it. The gun has the cylinder drilled so they cant accept rounds and the barrel has been plugged. Also, it appears that something has been done to the action but not sure. All the markings except the serial number have been destroyed.

What are the legalities of me taking posession of this family relic? It has no value other than sentimental.

Can I just mail it to myself? Is it even still considered a firearm?

Thanks

Depends on the age and whether is can be classified as a "firearm" or "antique firearm". From the alterations you describe, it sounds like the frame is still viable and hence consider:

18 USC 921:

(3) The term "firearm" means (A) any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon; (C) any firearm muffler or firearm silencer; or (D) any destructive device. Such term does not include an antique firearm.

(16) The term "antique firearm" means-

(A) any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898; or
(B) any replica of any firearm described in subparagraph (A) if such replica-

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or
(ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; or

(C) any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder, or a black powder substitute, and which cannot use fixed ammunition. For purposes of this subparagraph, the term "antique firearm" shall not include any weapon which incorporates a firearm frame or receiver, any firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

If it is a non-antique firearm then it must be shipped to a Pa FFL for proper transfer while complying with all PR laws - it would be a Federal violation to import it into Pa without the services of an FFL.

[Don Quixote]

+1 Thanks

[WCMG]

I would "probably" not consider this a firearm, but the deciding factor would be how the barrel was plugged. As the other poster said, "may readily be converted to expel a projectile". If the barrel as been permanently plugged and action destroyed so it can be readily fixed, it's not a firearm. Now my opinion doesn't really matter, it's the PSP. I would contact them by mail with pictures of the handgun with details of what was done to it by their PD and wait for their written reply.

[tl_3237]

I would "probably" not consider this a firearm, but the deciding factor would be how the barrel was plugged. As the other poster said, "may readily be converted to expel a projectile". If the barrel as been permanently plugged and action destroyed so it can be readily fixed, it's not a firearm. Now my opinion doesn't really matter, it's the PSP. I would contact them by mail with pictures of the handgun with details of what was done to it by their PD and wait for their written reply.

Barrels on most revolver can be replaced so it being plugged is not dispositive. The firearm is the frame - even without a viable cylinder or barrel. If the frame was irreparably destroyed by something like crushing, cutting or welding then it would no longer be a firearm.

The issue is not under the purview of the PSP since Pa laws are not in play. Being a Federal issue, the final determination would fall to the ATF.