Detailed answer — what you need to know

This FAQ explains how firearms owned by a person who has died are handled during Pennsylvania probate. It covers the typical steps an executor or administrator should follow, legal restrictions on who may receive firearms, and practical options for safe, lawful transfer.

Who controls the decedent’s firearms during probate?

The executor (named in the will) or the administrator (appointed by the court if there is no will) is responsible for gathering, protecting, and managing the decedent’s property, including firearms, while the estate is open. That duty is part of the fiduciary role under Pennsylvania probate practice. The fiduciary must inventory estate assets, pay debts, and distribute property under the will or state intestacy rules once the court allows distribution.

Key legal limitations that affect transfers

• State and federal law prohibit possession and receipt of firearms by certain people. Common prohibitions include convicted felons, persons subject to certain protection orders, persons adjudicated mentally defective or involuntarily committed, and unlawful users of controlled substances. See 18 Pa.C.S. § 6105 for Pennsylvania firearm possession prohibitions: 18 Pa.C.S. § 6105.
• Carrying or transporting firearms in Pennsylvania may require a license in some situations (see 18 Pa.C.S. § 6106 and § 6109). Executors should avoid assumptions about lawful possession without checking the recipient’s status: 18 Pa.C.S. § 6106, 18 Pa.C.S. § 6109.
• If a potential recipient is prohibited under state or federal law, the executor cannot lawfully transfer the firearm to that person. The fiduciary must either transfer the firearm to a lawful recipient, sell it through a dealer/auction, or surrender it to law enforcement. Federal prohibitions are found in 18 U.S.C. § 922(g) and similar provisions; transfers through a dealer will commonly require a background check and an ATF Form 4473.

Typical process an executor should follow

1. Secure the firearms immediately. Store them unloaded, locked, and separated from ammunition. If you are uncomfortable storing them, contact local law enforcement about safe temporary storage.
2. Identify and document each firearm. Record make, model, caliber, serial number, location, and any paperwork (permits, registration where applicable).
3. Check the will and any specific bequests. If the will names a beneficiary for a particular firearm, note that gift but verify the beneficiary’s legal ability to possess firearms before transfer.
4. Open probate and obtain authority. The executor or administrator needs letters testamentary or letters of administration from the Register of Wills/Orphans’ Court before making distributions. Contact your county Register of Wills for forms and procedures or visit the Pennsylvania Courts site for general probate information: Pennsylvania Courts.
5. Confirm recipient eligibility. Ask potential recipients to confirm they are legally allowed to possess firearms. This means no felony convictions, disqualifying protection orders, mental adjudications, or other bars under state or federal law (see 18 Pa.C.S. § 6105).
6. Choose a transfer method: direct transfer or dealer transfer.
   • Direct transfer to an eligible immediate family member: Pennsylvania and federal law allow transfers between private parties in some cases, but requirements vary and risks exist. To reduce legal risk and create a clear record, many executors use a Federal Firearms Licensee (FFL) to process the transfer.
   • Transfer through an FFL: take the firearms to a licensed dealer who will run the necessary federal and state checks (including completion of ATF Form 4473 and NICS when required). This creates a formal record and reduces liability for the executor.
7. Obtain receipts and document chain of custody. Whether you transfer directly or through a dealer, prepare a signed transfer receipt that identifies the firearm(s), the recipient, and the date. Keep the receipt with estate records.
8. If no lawful recipient exists, or if the estate requires liquidation, sell the firearm through an FFL or surrender it to law enforcement under local procedures.

Practical examples

Example 1 — Will bequeaths a hunting rifle to the decedent’s adult child: The executor confirms the child has no disqualifying record, obtains probate authority, and either transfers the rifle directly if state/federal rules permit or processes the transfer through a local FFL and documents the handoff.

Example 2 — Will bequeaths a handgun to a beneficiary who is a convicted felon: The beneficiary is legally barred from possessing firearms. The executor should not transfer the gun to that person. Instead, the executor can sell the firearm through an FFL, redistribute the proceeds according to the will, or surrender the weapon to law enforcement.

Where to get authoritative guidance

• Pennsylvania State Police — firearms information and licensing: psp.pa.gov.
• Pennsylvania Consolidated Statutes on firearms (Title 18, Chapter 61): search the Pennsylvania General Assembly site for sections noted above: legis.state.pa.us.
• Pennsylvania Courts — probate and Orphans’ Court information: pacourts.us.

Helpful hints

• Secure firearms immediately and document where you found them.
• Do not transfer firearms to anyone until the estate fiduciary has legal authority (letters testamentary/administration) unless local law specifically permits temporary transfers for safety reasons.
• Always check whether the recipient is legally allowed to possess firearms. If in doubt, use an FFL to process the transfer and run background checks.
• Keep written records of every step: inventories, receipts, transfer documents, sale records, and communications about the firearms.
• If a beneficiary is disqualified, consider selling the firearm through an FFL or surrendering it to law enforcement. Do not give the firearm to a disqualified person.
• When in doubt about a complex situation (e.g., multiple heirs, competing claims, estate litigation, federal issues), consult an attorney experienced in Pennsylvania probate and firearms law.

Disclaimer

This article explains general legal concepts under Pennsylvania law and provides practical information about transferring firearms after a death. It is not legal advice and does not create an attorney-client relationship. Laws change and facts matter. For advice tailored to a particular situation, consult a licensed Pennsylvania attorney or contact the Pennsylvania State Police or your county Register of Wills.