Do You Have To Register A Pistol In Pennsylvania

Inheriting Firearms and Pennsylvania Police

5 years ago
Posted in Uncategorized

Inheriting Firearms and Pennsylvania Law

Past MICHAEL ANTONIO GIARAMITA JR., ESQ. GIARAMITA Law OFFICES, P.C.

So you lot've suffered the loss of a loved one. So many memories. Some may fifty-fifty include bonding over firearms. Regardless, inheriting a loved ane's firearm can serve as a special way of remembering them.

Recently, during ane of our media appearances, a talk show host asked about inheritance of firearms, and the rules that may apply.

First we talked about the common myth when it comes to "registration." I have had prosecutors ask me if my customer's firearm was "registered." The fact is, withal, that there is no such thing as firearm registration in Pennsylvania. The only "registration" that takes place at the federal level deals with items subject to the National Firearms Act (for instance, fully automatic weapons, brusque-barreled rifles, and short-barreled shotguns).

In fact, Pennsylvania law makes it illegal for the regime to form a registry 18 Pa.C.Southward. § 6111.4. Whether they use transfer records as a registry is for a unlike discussion, equally we discussed in our post https://world wide web.pennlago.com/pennsylvania-hb-503-seeks-gun-registration-limitations-on-use/.

Next, we examined Pennsylvania law when it comes to the transfer of modern handguns. Typically, sales or transfers of modern handguns between private individuals must take identify in "the identify of business concern of a licensed importer, manufacturer, dealer or county sheriff's role . . . ." 18 Pa.C.Southward. § 6111. Essentially, these transfers must accept place through your Federal Firearms Licensee (FFL) or through the Sheriff's Office. In facilitating the transfer, the FFL or Sheriff will accept the aforementioned precautions required of a dealer when selling to an individual. So, yes, the person receiving the firearm will submit to a groundwork check (and then much for that "gun show loophole", right?).

This requirement does non utilize to transfers between spouses, transfers between a parent and child or to transfers between grandparent and grandchild. Id. Transfers between folks in these relationships can take place without any record required or background check provided that the transferring person does not knowingly transfer the weapon to a prohibited person. Again, this doesn't necessarily serve as ammunition for the "gun prove loophole" folks, because information technology doesn't seem to make much sense to meet Gramps at the gun evidence to complete a transfer.

Finally, we talked virtually laws in the specific context of an estate.

A person who chosen into the testify decided to comment almost this conversation on social media.

That person said:

"Gotta love when US Law Shield gives incorrect legal advice on the air…they just said that in an estate context, in PA, a handgun could exist transferred to a family unit member to whom it was willed without going through an FFL. While correct federally, there is no country exception…That existence said, I didn't telephone call them out on information technology and brand them wait like an idiot on air…see, I can be overnice…subsequently all, it is their legal malpractice that is on the line, non mine…caveat emptor"

At present let's myth-bosom that person's social media postal service.

The Pennsylvania police we referred (and the caller obviously missed or forgot) to tin exist found at 18 Pa.C.S. § 6115. The police force prohibits a person from lending or giving a firearm to another or otherwise delivering a firearm contrary to the provisions of [the Uniform Firearms Act].

Further, we find 18 Pa.C.S. § 6115 (2), which reads:

Zilch in this section shall be construed to prohibit the transfer of a firearm under xx 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.

Information technology has been our position that this means a transfer that takes place in accordance with Title 20 is not contrary to the provisions of the Uniform Firearms Act so long as the person is not precluded from owning or possessing firearms.

We are not lonely in taking this interpretation. In fact, Jonathan Goldstein (counsel for the National Rifle Association and nowadays board fellow member) has made this issue a staple of his Continuing Legal Education courses through the Pennsylvania Bar Found.

In addressing the critics of various "loopholes" in our gun laws, he often jokes that criminals don't typically form plans that brainstorm with "Offset, we wait until my family member dies…."

Keep in mind these Continuing Legal Education courses typically serve as a gathering for a number of great firearms attorneys, many of whom have been practicing in this area for decades. While in that location have been several discussions and even disagreements regarding various laws, we are aware of no attacks on Mr. Goldstein'southward position, from any individual (except peradventure indirectly by this person who called in).

And so, we disagree with the "analysis" this person decided to post. And in style, a word would probably exercise the 2d Amendment customs more than skillful than a snide remark on the internet.

But that'south OK. We're used to having to defend unwarranted attacks. Later all, our unabridged organization is based upon defending the liberty of law-abiding gun owners who have been forced to defend their lives.

Nosotros wish our police force-abiding gun owners a happy and healthy new twelvemonth.