Hello,
As a PA resident I am new to the forum and am looking for some assistance in retrieving a handgun from MD.
A relative of mine, a PA resident and PA LTCF holder, was involved in a vehicle accident in MD. Tragically, he did not survive and passed away on the scene. The deceased had a loaded handgun in the vehicle with him but did not possess a MD carry permit. The MD State Police currently have possession of the handgun.
His mother, who is the executor for his estate and a PA resident, is attempting to retrieve his belongings. The police have stated that they can't give the handgun to her since it isn't "registered in her name." Of course, PA doesn't officially have a registration scheme, although maintenance of sales records database essentially amounts to one.
We intend to argue that per PA Title 18, Section 6111.4, PA doesn't have a registration program. Furthermore, Section 6111(a) exempts transfers between parent and child from the "on FFL premises" transfer requirement. And lastly, intestate transfers across state lines are exempt from federal laws requiring passage through an FFL.
Are there other angles we could or should use? One fly in the ointment is that the loaded handgun should not have been in MD to begin with. However, I don't know if that gives the police authorization to keep property recovered at the scene of the accident.
I've posted a parallel inquiry at PAFOA.org.
Thanks in advance for the help.
As a PA resident I am new to the forum and am looking for some assistance in retrieving a handgun from MD.
A relative of mine, a PA resident and PA LTCF holder, was involved in a vehicle accident in MD. Tragically, he did not survive and passed away on the scene. The deceased had a loaded handgun in the vehicle with him but did not possess a MD carry permit. The MD State Police currently have possession of the handgun.
His mother, who is the executor for his estate and a PA resident, is attempting to retrieve his belongings. The police have stated that they can't give the handgun to her since it isn't "registered in her name." Of course, PA doesn't officially have a registration scheme, although maintenance of sales records database essentially amounts to one.
We intend to argue that per PA Title 18, Section 6111.4, PA doesn't have a registration program. Furthermore, Section 6111(a) exempts transfers between parent and child from the "on FFL premises" transfer requirement. And lastly, intestate transfers across state lines are exempt from federal laws requiring passage through an FFL.
Are there other angles we could or should use? One fly in the ointment is that the loaded handgun should not have been in MD to begin with. However, I don't know if that gives the police authorization to keep property recovered at the scene of the accident.
I've posted a parallel inquiry at PAFOA.org.
Thanks in advance for the help.