Legal Question in Wills and Trusts in Pennsylvania

My fiance died July 9th. I understand all of his personal belongings get split between his biological children. He has 3 minor children and unborn baby, and an adult child. I had a man from a gun shop call me today quoting PA Uniform Firearms Act Title 18. He told me that according to that the guns would have to go to his adult son or mother. I can not find that information in what I read. I need to know hat to do, I am a nurse with a license at risk and don't want to do anything illegal. I just don't want to trust that a guy from a gun shop knows the law.


Asked on 7/27/15, 4:11 pm

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

First Title 18 is not the uniform Firearms Act it's the title that for criminal law. So call him up and ask him what his Supreme Court Id number is? Further since when does that act override the intestate law?

In short that person is BSing you big time. Break down and call a real lawyer. We don't bite. I for one don't like non-lawyers acting like lawyers.

{John}

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Answered on 7/27/15, 4:44 pm

You are posting again. Attorney Davidson has told you - the adult child needs to see a probate attorney now and become appointed as the administrator of the estate. Title 18 is the PA criminal code. The Uniform Firearms Act is found in Chapter 61, Sections 6101 - 6127. I did not read each and every section but I agree with Attorney Davidson that there does not appear to be anything in there which would override state intestacy law. All of the children of the fiance are entitled to inherit their father's property, not the brother, mother and other family. Maybe this is what he was referring to?

18 Pa.C.S.A. � 6111. Sale or transfer of firearms

* * *

(b) Duty of seller.--No licensed importer, licensed manufacturer or licensed dealer shall sell or deliver any firearm to another person, other than a licensed importer, licensed manufacturer, licensed dealer or licensed collector, until the conditions of subsection (a) have been satisfied and until he has:

(1) For purposes of a firearm as defined in section 6102 (relating to definitions), obtained a completed application/record of sale from the potential buyer or transferee to be filled out in triplicate, the original copy to be sent to the Pennsylvania State Police, postmarked via first class mail, within 14 days of the sale, one copy to be retained by the licensed importer, licensed manufacturer or licensed dealer for a period of 20 years and one copy to be provided to the purchaser or transferee. The form of this application/record of sale shall be no more than one page in length and shall be promulgated by the Pennsylvania State Police and provided by the licensed importer, licensed manufacturer or licensed dealer. The application/record of sale shall include the name, address, birthdate, gender, race, physical description and Social Security number of the purchaser or transferee, the date of the application and the caliber, length of barrel, make, model and manufacturer's number of the firearm to be purchased or transferred. The application/record of sale shall also contain the following question:

Are you the actual buyer of the firearm(s), as defined under 18 Pa.C.S. � 6102 (relating to definitions), listed on this application/record of sale? Warning: You are not the actual buyer if you are acquiring the firearm(s) on behalf of another person, unless you are legitimately acquiring the firearm as a gift for any of the following individuals who are legally eligible to own a firearm:

(1) spouse;

(2) parent;

(3) child;

(4) grandparent; or

(5) grandchild.

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How do you know a firearms dealer called you? It could have been the best friend of the mother/brother for all you know.

Please, stop trying to get the estate administered on a public bulletin board and go and get a consult with a real probate attorney who practices in the county where the estate for the fiance will be probated.

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Answered on 7/28/15, 9:52 pm


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