Rules for Inherited Fireams/Handguns in PA

[J.Dennis]

I am the administrator of my widowed Dad's estate, and he left rifles and handguns, both bolt-action and SA. The firearms are not specified in his will, and he declined my request to specify who gets what.

My Dad and I both lived in Pennsylvania, so it's my understanding that I can take both long guns and handguns without paperwork because I also reside in PA and am not prohibited from owning firearms (I've purchased quite a few). However, my brother lives in VA and wants a few long guns and pistols. I believe he can take long guns to Virginia without paperwork, but can he take handguns without an FFL transfer?

A firearms dealer told me that while he can take the long guns back in his car, we must ship FFL to FFL in VA for any handguns. When I Google, I mostly see that no paperwork for handguns is needed, but there's no real consensus. As far as I know, my brother is not prohibited from owning firearms.

What's the current thinking? If possible, I would prefer giving them to him without the expense and hassle of using two FFLs

Dennis

[McSull]

The handguns need to be shipped to an FFL in the receiving state. Also can be driven to that state and transferred there.

Not entirely sure about the long guns. Someone else will confirm.

[bogey1]

The handguns need to be shipped to an FFL in the receiving state. Also can be driven to that state and transferred there.

Not entirely sure about the long guns. Someone else will confirm.

I'm wondering if his bro from va can drive up and take possession and drive home? If not, so much for being free.

[Bang]

McSull's post seems right, but how about checking with an active brick and mortar Virginia FFL. Perhaps several. Ask to speak with the proprietor holding the FFL. Counter personnel information can be very wrong.

[Emptymag]

I am the administrator of my widowed Dad's estate, and he left rifles and handguns, both bolt-action and SA. The firearms are not specified in his will, and he declined my request to specify who gets what.

My Dad and I both lived in Pennsylvania, so it's my understanding that I can take both long guns and handguns without paperwork because I also reside in PA and am not prohibited from owning firearms (I've purchased quite a few). However, my brother lives in VA and wants a few long guns and pistols. I believe he can take long guns to Virginia without paperwork, but can he take handguns without an FFL transfer?

A firearms dealer told me that while he can take the long guns back in his car, we must ship FFL to FFL in VA for any handguns. When I Google, I mostly see that no paperwork for handguns is needed, but there's no real consensus. As far as I know, my brother is not prohibited from owning firearms.

What's the current thinking? If possible, I would prefer giving them to him without the expense and hassle of using two FFLs

Dennis

The part I bolded in red is a big "no".

I don't know what you mean by this (gun shops are not known for giving good legal advice, BTW)
Are you talking about having the VA brother come up here to transfer the long guns at an FFL?

Because otherwise, he can't (as far as I know) take ANYTHING across state lines without a FFL transfer.
If he were a PA resident - no problem, but all interstate sales/gifts require a FFL transfer. Long gun or handgun - doesn't matter.


If your father had given him the guns (handguns OR long guns) while he was still a PA resident, nothing would have needed to be done at that point - "Here, these are yours now". And if he moved to another state later, nothing needed to be done - they belonged to him at that point.

[bogey1]

The part I bolded in red is a big "no".

I don't know what you mean by this (gun shops are not known for giving good legal advice, BTW)
Are you talking about having the VA brother come up here to transfer the long guns at an FFL?

Because otherwise, he can't (as far as I know) take ANYTHING across state lines without a FFL transfer.
If he were a PA resident - no problem, but all interstate sales/gifts require a FFL transfer. Long gun or handgun - doesn't matter.


If your father had given him the guns (handguns OR long guns) while he was still a PA resident, nothing would have needed to be done at that point - "Here, these are yours now". And if he moved to another state later, nothing needed to be done - they belonged to him at that point.

So stupid, or petty is probably a better term. I think,
keeping ones mouth shut, voids a ton of (Illegal/tyrannical) laws.

[knight0334]

You're somewhere about #2 below. Your brother, who lives in VA, also factors in at #2 - but VA will matter.

If something isn't named in a will, the general order of succession is as follows:

1. If a surviving spouse and no kids or parents: Spouse gets all.
2. If a surviving spouse and kids: Spouse gets first $20K in value and 50% thereafter. Kids split remaining 50%.
3. If a surviving spouse, no kids, but surviving parents: Spouse gets first $20K in value and 50% thereafter, parents get remaining 50%. (NOTE: Grandchildren factor in here too, but I can't remember where exactly)
4. Then come siblings
5. Then come aunts, uncles, & cousins.

The preferential trend is to spouse first, then down to kids, then up to parents, then down & up to grand parents & grand kids, then to the side to siblings, then aunt/uncles/cousins. ....then if no surviving blood or legal relatives, the State.

Federal law defaults to state law on the matter. Federal law does exempt transfers by bequest and intestate succession. But if VA law requires some sort of regulation, you must abide by it as well.