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Posted By: Nepahunter A dead man's gun - 10/26/21
Have have a dead man's gun and was wondering if anyone has tired to transfer one what did they have to go through without the person who's name it is in being gone. Thanks for any input
Posted By: Muffin Re: A dead man's gun - 10/26/21
Are you suggesting that the gun is Titled in someone's name?
Posted By: shootem Re: A dead man's gun - 10/26/21
Why transfer?
Posted By: The_Real_Hawkeye Re: A dead man's gun - 10/26/21
In some states, it's no big deal. In other states, it can be a problem.
Posted By: jwp475 Re: A dead man's gun - 10/26/21

Nothing needs to be done
Posted By: Nepahunter Re: A dead man's gun - 10/27/21
Yes it's in someone else's name and I'd like to get rid of it just don't want to get anyone in trouble with it
Posted By: Raferman Re: A dead man's gun - 10/27/21
Sell private and don't worry about it.
Check your state laws of course.
Posted By: Nepahunter Re: A dead man's gun - 10/27/21
And it's not me it's the other person I would just ship it right to them if they would go for that
Posted By: gregintenn Re: A dead man's gun - 10/27/21
The U.S., contrary to what a surprising number of people think, does not have a firearm registration. I can’t speak to all 50 states’ rules and regulations, but as long as it hasn’t been reported stolen, you shouldn’t have any problem selling it.
Posted By: Fubarski Re: A dead man's gun - 10/27/21
Looks like in PA it needs ta go through a FFL.

18Pa.C.S.6111
Posted By: Dillonbuck Re: A dead man's gun - 10/27/21
Originally Posted by Fubarski
Looks like in PA it needs ta go through a FFL.

18Pa.C.S.6111



If in Pa, all handguns need transferred.
Except, within immediate family. (Mom/Dad/Kids)
Even need transferred to a step child.
Unless step dad was to give it to his wife.
She could then give it to her kid.
Or, her parents or siblings

Long guns don't need transferred.

Do you know a mom/dad/kid/spouse of the dead dude?
Or, is it a rifle?
Posted By: Nepahunter Re: A dead man's gun - 10/27/21
No it's a handgun
Posted By: LFC Re: A dead man's gun - 10/27/21
Originally Posted by Nepahunter
And it's not me it's the other person I would just ship it right to them if they would go for that

Getting caught shipping a gun to someone without an FFL license wont be fun.
Posted By: Waders Re: A dead man's gun - 10/27/21
OK, I tend to avoid threads of a legal nature here on the 'fire, but I think I can get in and out of this one in short order.

Nepahunter - First, go see a lawyer from your home state who is well-versed in state and Federal laws relating to firearms transactions. Second, do what he says.




Carry on!
Posted By: BlueDuck Re: A dead man's gun - 10/27/21
Move to a red state.
Posted By: goalie Re: A dead man's gun - 10/27/21
Don't live somewhere where that matters
Posted By: LouisB Re: A dead man's gun - 10/27/21
Sounds like the gun and the deceased lived in one of the commie states.
That puts the gun on the books in the deceased's name.

Sale/transfer will be regulated by the deceased's state of residence, so, transfer would depend on the very critical wording of that states "transfer/sale" rules.
Posted By: The_Real_Hawkeye Re: A dead man's gun - 10/27/21
Originally Posted by goalie
Don't live somewhere where that matters

Yep. I used to, i.e., New York State. There, every handgun has to have a registered owner who holds a NYS Pistol Permit. If that person dies, and none of his relatives (who must also have a permit) have been named to take them, the family's obligation in the law is to call the police to come and collect them. The family can then direct the police to place them for sale at an FFL, or ship them to an out of state FFL, or transfer them to someone with a NYS Pistol Permit. Anything outside those parameters causes the handguns to become contraband, possession of which is a felony.
Posted By: Idaho_Shooter Re: A dead man's gun - 10/27/21
Oregon recently enacted a similar statute re private sales.

Oregon does not YET have a pistol permit.
Posted By: rockinbbar Re: A dead man's gun - 10/27/21
Fuggin' Commie gun laws... mad
Posted By: mark shubert Re: A dead man's gun - 10/27/21
Originally Posted by LFC
Originally Posted by Nepahunter
And it's not me it's the other person I would just ship it right to them if they would go for that

Getting caught shipping a gun to someone without an FFL license wont be fun.

IIRC, you can ship with no problem - the receiver needs to be an FFL.
Even here, in wannabe commie New Mexico.
Posted By: ElmerKeith Re: A dead man's gun - 10/28/21
That's interesting that even in the US there must be a FFL-dealer to send or receive the gun. I always wonder how long we will have the less bureaucratic way to sell or buy licenced firearms without a dealer intermediary.
It is absolut legal in Germany to buy or sell a gun directly to a private person. Seller and buyer have to report the deal to their officials, normally the county police, in order to have the gun registered for the buyer and having the registration deleted for the seller. The buyer has to name the seller and vice versa. Even if someone in northern Germany buys a gun from a guy in Bavaria - no problem at all. No FFL-dealer required.
Posted By: Dillonbuck Re: A dead man's gun - 10/28/21
Have never heard of a prosecution here for not transferring a handgun,
And a lot of people don't know it's required. They just treat it like
a long gun.

One guy ran into an issue, but he was buying and selling. Got
in the middle of some stolen guns (innocently) cops got involved
very quickly. Transfer issues were taken care of, guns got returned
to owners. My friend lost a few hundred bucks. (The stolen rifle)

Not sure if the their was found.
Posted By: The_Real_Hawkeye Re: A dead man's gun - 10/28/21
Originally Posted by ElmerKeith
That's interesting that even in the US there must be a FFL-dealer to send or receive the gun. I always wonder how long we will have the less bureaucratic way to sell or buy licenced firearms without a dealer intermediary.
It is absolut legal in Germany to buy or sell a gun directly to a private person. Seller and buyer have to report the deal to their officials, normally the county police, in order to have the gun registered for the buyer and having the registration deleted for the seller. The buyer has to name the seller and vice versa. Even if someone in northern Germany buys a gun from a guy in Bavaria - no problem at all. No FFL-dealer required.

In Florida, it's handled like you were selling or giving away your shovel or a ham sandwich.
Posted By: MikeL2 Re: A dead man's gun - 10/28/21
If you're in a jurisdiction that requires permits to posses handguns you will need the deceased owner's estate manager or next of kin to document that the gun is intended to transfer to you and you'll need to work out with permitting agency how to straighten out the paperwork.

If a permit and/or FFL transfer is required and you posses the gun you're already in violation.
Posted By: Idaho_Shooter Re: A dead man's gun - 10/28/21
Originally Posted by ElmerKeith
That's interesting that even in the US there must be a FFL-dealer to send or receive the gun. I always wonder how long we will have the less bureaucratic way to sell or buy licenced firearms without a dealer intermediary.
It is absolut legal in Germany to buy or sell a gun directly to a private person. Seller and buyer have to report the deal to their officials, normally the county police, in order to have the gun registered for the buyer and having the registration deleted for the seller. The buyer has to name the seller and vice versa. Even if someone in northern Germany buys a gun from a guy in Bavaria - no problem at all. No FFL-dealer required.


FFL-Dealer is required for "Interstate Transfers" by federal law. A few states have added their own requirements for "In State Transfers", but this is not the norm.

It might be noted that several US states are larger than the entirety of Germany.
Posted By: Nepahunter Re: A dead man's gun - 10/28/21
Thanks everyone for your input I spoke with my FFL today and he says it's not a problem at all it will just go into my name then get shipped off and into the other guys name through his FFL hopefully this will help someone else later on down the road
Posted By: Windfall Re: A dead man's gun - 10/29/21
Nepahunter, I sold off three dead guys guns yesterday to FFL gun shops here in WI. including that Beretta handgun I mentioned in another thread and no questions asked what so ever other than what do I want for them and can they see my driver's license? Remarkably easy I thought. I suppose that they ran my license to see that I have a clean record and it is recorded so that they have a paper trail in case anyone checks.
Posted By: Dillonbuck Re: A dead man's gun - 10/29/21
The one, and only one, thing I like about having to transfer a handgun
is the paper trail than can clear me if the gun was stolen.

Or, possibly stop the sale before I buy a stolen handgun.


Was a guy in Illinois got stopped for a traffic violation...his handgun
Was stolen. Arrested....The paper trail proved he bought the gun legally.
The FFL hadn't done the proper checks on the gun.

Since hearing of that, I get a bill of sale for long guns now.
But I have a good number of guns I couldn't account for, if I moved
them and they had a bad past. Some I could go back to who I got
them from. Others, not a chance.
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