Do I Register A Shotgun In Pennsylvania

Inheriting Firearms and Pennsylvania Law

v years ago
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Inheriting Firearms and Pennsylvania Law

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

And then y'all've suffered the loss of a loved one. So many memories. Some may even include bonding over firearms. Regardless, inheriting a loved ane'southward firearm can serve every bit a special way of remembering them.

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

First we talked about the mutual myth when information technology comes to "registration." I have had prosecutors ask me if my client's firearm was "registered." The fact is, yet, that there is no such matter equally firearm registration in Pennsylvania. The simply "registration" that takes place at the federal level deals with items subject area to the National Firearms Human action (for example, fully automatic weapons, short-barreled rifles, and short-barreled shotguns).

In fact, Pennsylvania police makes information technology illegal for the government to grade a registry 18 Pa.C.Southward. § 6111.4. Whether they use transfer records every bit a registry is for a different discussion, as we discussed in our post https://www.pennlago.com/pennsylvania-hb-503-seeks-gun-registration-limitations-on-use/.

Side by side, we examined Pennsylvania law when it comes to the transfer of modern handguns. Typically, sales or transfers of mod handguns between private individuals must take identify in "the place of business of a licensed importer, manufacturer, dealer or county sheriff'southward office . . . ." xviii Pa.C.Southward. § 6111. Substantially, these transfers must have place through your Federal Firearms Licensee (FFL) or through the Sheriff's Office. In facilitating the transfer, the FFL or Sheriff will have the same precautions required of a dealer when selling to an private. And so, yes, the person receiving the firearm will submit to a background cheque (so much for that "gun show loophole", right?).

This requirement does not employ 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 identify without any record required or background cheque 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 evidence loophole" folks, because information technology doesn't seem to make much sense to see Gramps at the gun show to complete a transfer.

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

A person who chosen into the evidence decided to comment nigh this conversation on social media.

That person said:

"Gotta love when Us Law Shield gives incorrect legal communication on the air…they but said that in an manor context, in PA, a handgun could be transferred to a family member to whom it was willed without going through an FFL. While correct federally, there is no state exception…That being said, I didn't telephone call them out on it and make them await like an idiot on air…see, I can be nice…afterwards all, it is their legal malpractice that is on the line, not mine…caveat emptor"

At present permit'south myth-bust that person's social media post.

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

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

Nothing in this section shall be construed to prohibit the transfer of a firearm under twenty Pa.C.South. Ch. 21 (relating to intestate succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm nether section 6105.

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

We are non alone in taking this interpretation. In fact, Jonathan Goldstein (counsel for the National Rifle Association and present board member) has fabricated this event 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 begin with "Kickoff, we wait until my family unit 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 surface area for decades. While at that place take been several discussions and fifty-fifty disagreements regarding various laws, we are aware of no attacks on Mr. Goldstein'due south position, from any individual (except perhaps indirectly by this person who called in).

So, we disagree with the "analysis" this person decided to mail. And in mode, a discussion would probably do the 2nd Subpoena community more than practiced than a snide remark on the net.

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

Nosotros wish our law-constant gun owners a happy and healthy new year.