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October 7th, 2016, 08:40 AM #1Grand Member
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Inheritance and firearms in PA...
My google-fu is failing me today, so sorry if this has been asked/answered. If it has, a link to the proper information would be appreciated.
A friend of mine (PA resident) had her father pass away last year (also a PA resident) and she's come into possession of his firearms, including a couple handguns. She wishes to carry one of them and wants to make sure it's "in her name" before she does so. She has a current PA LTCF and has a couple handguns of her own as well already. My understanding of PA law (both inheritance and firearms) says she needs to do nothing. Am I incorrect in this? Links to sources and statutes would be greatly appreciated.
Thanks!
ETA: ironic. I post this, and the Similar Threads listing below had the info I'm looking for!
http://forum.pafoa.org/showthread.php?t=140368
What it doesn't answer is, what if the firearms in question are NOT listed in the will in some capacity?Last edited by sota; October 7th, 2016 at 08:44 AM.
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October 7th, 2016, 08:46 AM #2
Re: Inheritance and firearms in PA...
Carry guns that aren't linked to the carrier through the Record of Sale Database can cause problems when cops who are confused about the law, run the numbers. Not supposed to be that way, but it is.
At any rate, transfers from an estate to an heir, as well as transfers from father to daughter within the same state, don't require an FFL. Both PA and Federal law make exceptions for estate transfers to heirs.
See 18 Pa.C.S.A. § 6115 for the estate inheritance exemption.Last edited by GunLawyer001; October 7th, 2016 at 08:53 AM.
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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October 7th, 2016, 08:54 AM #3Grand Member
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Re: Inheritance and firearms in PA...
I found 6115 a few minutes before you posted. Thanks for that though. What about if the weapons in question are not implicitly (ex: "my daughter gets everything", "everyone gets half" and they have to decide who gets what) or explicitly (ex: "my daughter gets the Taurus, my son gets the shotgun") listed in the will?
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October 7th, 2016, 11:29 AM #4
Re: Inheritance and firearms in PA...
What isn't dealt with in the will or by the executor of the estate is dealt with by intestate succession.
In PA the surviving spouse gets the first $25K or $30K of the estate, then the remaining is split 50/50 with spouse and surviving issues(children). If no issues, the parents of the deceased get that 50%.
Now, if the surviving spouse doesn't claim the firearms as part of her initial $25K-30K, or her 50% thereafter - then the issues/parents can claim them.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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