Important legal question on handgun
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Old 03-14-2014, 04:39 PM   #1
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Default Important legal question on handgun

Need help. My uncle bought a smith & wesson 357 mag a long time ago from a drunk guy at a bar because the drunk guy needed more money for booze. My uncle recently passed away and gave it to my dad right before he died. Is there anyway my dad can get that gun registered in his name legally without the atf taking it from him.

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Old 03-14-2014, 04:44 PM   #2
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If the gun was not used in a crime that you know of it's possible. You and your Dad should speak to an LEO that you know, if you know one locally. If your Dad has some sort of Document that says his dad left it to him,..but I don't know the laws is your state. We do have a lawyer on here who does live in PA. Ask TXPossum.. He might know...



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Old 03-14-2014, 04:47 PM   #3
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ok ill do that. My uncle was living in alabama. And i dont belive the gun is reported stolen

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Old 03-14-2014, 05:43 PM   #4
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First of all this is not legal advice. For that you would have to go to an attorney. That is my legal advice.


There is no registration requirement in PA or in Alabama so that answers that question. I think the question you are actually asking is how do you execute the transfer from Alabama to PA, is that correct?

Interstate transfers must be done through FFLs in both states under normal circumstances and if the gun was ever reported to have been used in a crime this will show up during the process. The whole buying a gun in a bar scenario is probably not legal today (many states prohibit carrying in establishments that serve alcohol) so I would shy away from divulging that information in the future.

I am not sure if it is legal for a family member to go to another state to retrieve a firearm that has been left to them by a deceased relative.

I have heard that where it is legal to do face-to-face transfers without the paperwork where people will run the serial number on a gun to see if it comes up stolen. That might be wise. if it does come up stolen then you would be required to surrender it. At that point it probably wouldn't hurt to tell the story because both your uncle and the alcoholic in the bar are both dead at this point (or presumably). Who knows, if it was stolen wouldn't you want the owner to get it back again after all of these years?

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Old 03-14-2014, 06:25 PM   #5
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Depending on the state of residence of parties involved.
IF both parties are resident of the same state and face-to-face transfer can take place, then normally no problem when in the states that do not require registration.

IF the parties are residents of different states (even if family members), the transaction should go through an FFL in the state of the receiving party.

The free legal advice sought on the internet is worth just as much as you pay for - NOTHING.

Now for the reference: http://www.atf.gov/content/firearms-frequently-asked-questions-unlicensed-persons

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Old 03-14-2014, 06:27 PM   #6
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Quote:
Originally Posted by Vikingdad View Post

I am not sure if it is legal for a family member to go to another state to retrieve a firearm that has been left to them by a deceased relative.
I have no knowledge of the law in this instance but I assume it has something to do with the deceased relative's Last Will and Testament.
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Old 03-14-2014, 06:32 PM   #7
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Normally, when such is the case, the executor of the estate will forward the firearm to an FFL in the area of the receiver.

Even if the executor is a relative from out of state and went to the deceased person's state of residence to execute the will.

Think of this as the start of a paper trail should questions arise and prove that the firearm was not stolen.

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Old 03-14-2014, 06:45 PM   #8
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Personally I would want to run the serial number for two reasons.

1) I simply have no desire to ever possess a stolen firearm. Ever. Period.

2) If it is stolen I would want it returned to the rightful owner (or their heirs). That would just be the right thing to do.

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Old 03-14-2014, 06:58 PM   #9
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I just wonder why you would want to register it? Is it a requirement in your state of residence? In AZ we can do face to face sales or gifts without government interference.

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Old 03-14-2014, 07:10 PM   #10
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I just wonder why you would want to register it? Is it a requirement in your state of residence? In AZ we can do face to face sales or gifts without government interference.
As long as both are of the same state residency, that is okay.
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