Do Pistols Have To Be Registered In Pa

Inheriting Firearms and Pennsylvania Law

5 years ago
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Inheriting Firearms and Pennsylvania Law

By MICHAEL ANTONIO GIARAMITA JR., ESQ. GIARAMITA LAW OFFICES, P.C.

So yous've suffered the loss of a loved one. And so many memories. Some may even include bonding over firearms. Regardless, inheriting a loved 1's firearm tin can serve as a special way of remembering them.

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

Get-go we talked about the common myth when information technology comes to "registration." I have had prosecutors inquire me if my client's firearm was "registered." The fact is, however, that there is no such thing as firearm registration in Pennsylvania. The only "registration" that takes place at the federal level deals with items discipline to the National Firearms Act (for case, 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.S. § 6111.4. Whether they utilize transfer records as a registry is for a dissimilar discussion, every bit nosotros discussed in our post https://www.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 mod handguns betwixt private individuals must have place in "the identify of business of a licensed importer, manufacturer, dealer or county sheriff's part . . . ." 18 Pa.C.South. § 6111. Essentially, these transfers must take identify through your Federal Firearms Licensee (FFL) or through the Sheriff's Office. In facilitating the transfer, the FFL or Sheriff will take the same precautions required of a dealer when selling to an individual. And so, yes, the person receiving the firearm volition submit to a background bank check (so much for that "gun prove loophole", right?).

This requirement does non apply to transfers between spouses, transfers between a parent and child or to transfers betwixt 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 equally ammunition for the "gun show loophole" folks, because it doesn't seem to make much sense to see Grandpa at the gun show to complete a transfer.

Finally, we talked about laws in the specific context of an manor.

A person who called into the show decided to comment about this chat on social media.

That person said:

"Gotta dearest when U.s.a. Law Shield gives incorrect legal advice on the air…they only said that in an estate context, in PA, a handgun could be transferred to a family unit member to whom information technology was willed without going through an FFL. While correct federally, at that place is no state exception…That being said, I didn't call them out on it and make them look like an idiot on air…encounter, I can be nice…after all, it is their legal malpractice that is on the line, not mine…caveat emptor"

Now let's myth-bosom that person'southward social media post.

The Pennsylvania law we referred (and the caller plainly missed or forgot) to tin can be found at xviii Pa.C.S. § 6115. The law prohibits a person from lending or giving a firearm to some other or otherwise delivering a firearm contrary to the provisions of [the Uniform Firearms Act].

Further, we find xviii Pa.C.S. § 6115 (two), which reads:

Null in this section shall be construed to prohibit the transfer of a firearm nether 20 Pa.C.Due south. Ch. 21 (relating to intestate succession) or by bequest if the individual receiving the firearm is non precluded from owning or possessing a firearm under section 6105.

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

We are not lonely in taking this estimation. In fact, Jonathan Goldstein (counsel for the National Rifle Association and present lath member) has made this upshot a staple of his Continuing Legal Education courses through the Pennsylvania Bar Institute.

In addressing the critics of various "loopholes" in our gun laws, he oftentimes jokes that criminals don't typically class plans that begin with "Commencement, nosotros wait until my family member dies…."

Keep in mind these Continuing Legal Didactics courses typically serve as a gathering for a number of not bad firearms attorneys, many of whom accept been practicing in this expanse for decades. While there have been several discussions and even disagreements regarding various laws, nosotros are aware of no attacks on Mr. Goldstein'due south position, from any individual (except perhaps indirectly by this person who called in).

Then, we disagree with the "assay" this person decided to post. And in style, a discussion would probably do the Second Amendment community more good than a snide remark on the internet.

Just that's OK. We're used to having to defend unwarranted attacks. Later on all, our entire organisation is based upon defending the liberty of law-abiding gun owners who have been forced to defend their lives.

We wish our law-abiding gun owners a happy and healthy new year.

For Additional Free Information:

Free Guide on PA Gun Charges and Firearms Law