Important legal question on handgun

Discussion in 'General Handgun Discussion' started by bungiex8e8, Mar 14, 2014.

  1. bungiex8e8

    bungiex8e8 New Member

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    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.
     
  2. DrFootball

    DrFootball disappointed & disgusted, But DETERMINED... Lifetime Supporter

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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...



    Sent from my iPad using Firearms Talk
     

  3. bungiex8e8

    bungiex8e8 New Member

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    ok ill do that. My uncle was living in alabama. And i dont belive the gun is reported stolen
     
  4. Vikingdad

    Vikingdad New Member

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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?
     
  5. danf_fl

    danf_fl Retired Supporter

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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
     
  6. JW357

    JW357 New Member

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    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.
     
  7. danf_fl

    danf_fl Retired Supporter

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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.
     
    Last edited: Mar 14, 2014
  8. Vikingdad

    Vikingdad New Member

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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.
     
  9. JTJ

    JTJ Well-Known Member Supporter

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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.
     
  10. danf_fl

    danf_fl Retired Supporter

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    As long as both are of the same state residency, that is okay.
     
  11. JimRau

    JimRau Well-Known Member Supporter

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    Why would you want to 'register' it???????????:confused:
     
  12. c3shooter

    c3shooter Administrator Staff Member

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    Not a lawyer. Do know what the law is on this.

    There is no requirement to register an ordinary firearm in PA or Alabama- there is no place or process to "register " it. When you buy one from a dealer, the dealer retains a record of the sale at the shop.

    Transfer of ownership- in most cases, transfer of ownership of a firearm across a state line requires that the gun go TO A FFL (Dealer) in the home state of the recipient. HOWEVER, there is an exception at law- an INHERITED firearm can be transferred directly to the heir IF it is legal for the heir to possess THAT gun in his home state. It does not need to pass to a FFL in the home state.

    You will find dealers that swear this is not allowed. It is so rare, most will not encounter it. This is outlined in Title 18, US Code, Section 922.

    (a) It shall be unlawful—
    (1) for any person—
    (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or

    (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;

    (2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that—
    (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;

    (B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and

    (C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States;

    (3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State
     
  13. danf_fl

    danf_fl Retired Supporter

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    That depends on the laws in the OP state of residence.

    (NY and CT would have a nightmare with my firearms.)
     
  14. danf_fl

    danf_fl Retired Supporter

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    c3 set me straight again. (Good job c3!)
    Although not a requirement, I would still consider going through an FFL.

    Nothing breaks up a family worse that the thought that a sibling "stole" something from an elder's estate.
     
  15. MobileMarine

    MobileMarine New Member

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    The least big brother knows about you and your toys the better off you are BUT get a trusted leo to run the numbers , if you dont have a trusted leo pm me .
    VERY IMPORTANT , I have several guns that the numbers come back stolen but are not the same gun , IE my PT92's number come back as a hot S&W stolen 25yrs ago out of TN .
     
  16. c3shooter

    c3shooter Administrator Staff Member

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    Now, having said that- if there is any doubt about whether the gun COULD have been a stolen gun at some point in the past, would contact local law enforcement, explain inherited gun, ask if they would run the SN thru the NCIC system. They WILL want to have gun in hand when they do that- and if there IS a hit on that SN, will not be getting it back.
     
  17. Vikingdad

    Vikingdad New Member

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    Keeping in mind MobileMarine's point that there can be duplicate serial numbers from different manufacturers. Be aware of that.
     
  18. nchunt101

    nchunt101 New Member

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    I would just hold on to the pistol and not worry about running the #s. That said don't post such things on the web b/c 1) the man does monitor it 2) armchair commandos are not lawyers.
     
  19. MobileMarine

    MobileMarine New Member

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    I won't have a gun that I have not run numbers on. Too much possible trouble over what? MAYBE a gun that's worth 300 bucks on a good day. Not too much out there worth a felony charge.
    Can u even buy a gun if you have a felony pending? Can't remember if that's on the forms or not
     
  20. Missouribound

    Missouribound Well-Known Member

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    Registered? What's that mean? Private sales are exempt from background checks...at least for now. There is a stolen gun website though, if you think that is the issue.