The Short Answer

In Pennsylvania, transferring a decedent’s firearms during estate administration is usually allowed, but the transfer must comply with Pennsylvania’s firearms transfer rules and cannot be made to someone who is legally prohibited from possessing firearms. Whether a transfer can occur privately, must go through a licensed dealer or sheriff, or may be exempt depends on the relationship between the parties and the type of firearm involved.

What Pennsylvania Law Says

Even when firearms are part of a probate estate, Pennsylvania generally regulates how firearms may be transferred to another person. A key issue is whether the intended recipient is eligible to possess firearms and whether the transfer is one that must be processed through a licensed dealer or sheriff’s office (including a background check), or whether an exception applies (for example, certain intrafamily transfers).

The Statute

The primary law governing this issue is 18 Pa.C.S. § 6111.

This statute establishes that many firearm transfers must be completed through a licensed dealer or sheriff’s office with required checks and documentation, while also providing limited exceptions (including certain transfers between spouses, parents/children, and grandparents/grandchildren).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict compliance requirements: If a transfer is handled incorrectly (for example, when it should have gone through a dealer or sheriff), it can create criminal exposure and can also complicate probate administration and distribution.
• Burden of proof: The personal representative may need to document lawful authority to possess and distribute estate property and confirm the recipient is not prohibited from firearm possession (including issues that may not be obvious from family relationships alone).
• Exceptions and firearm type issues: Pennsylvania’s transfer rules can differ depending on the firearm category and whether an intrafamily exception applies under the statute; misclassifying the transfer is a common risk area.

Because firearms transfers can carry serious penalties and because probate adds an extra layer of fiduciary responsibility, it is wise to have a Pennsylvania probate attorney coordinate the estate distribution with firearms-compliance counsel as needed.

Get Connected with a Pennsylvania Attorney

Do not leave your legal outcome to chance. We can connect you with a pre-screened Probate attorney in Pennsylvania to discuss your specific facts and options.

Find a Pennsylvania Attorney Now

Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.