...Regarding Inherited Firearms


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CAPTAIN MIKE
March 17, 2006, 07:09 PM
Does anyone here have any experience or know on how to legally effect the transfer of ownership between a deceased in one state and an heir in another state to whom the deceased left his or her firearm?

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SIOP
March 17, 2006, 07:39 PM
A bequest is one of the very few instances where a firearm can be sent interstate without having to use an FFL. Go to ATF's web site, it should be covered under one of the FAQ's.

Hkmp5sd
March 17, 2006, 08:17 PM
Federal law lets you do it any way you want. The controlling factor is the laws of the two states involved.

If there is no registration in the states and the states allow sales between private persons, the guns can simply be handed over. They can be shipped to the person inheriting them, he can go get them or someone else can deliver them to him.

wdlsguy
March 17, 2006, 09:26 PM
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
Sec. 922. Unlawful acts

(a) It shall be unlawful -
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

AJ Dual
March 17, 2006, 10:05 PM
Yep.

Inheritance is not interstate "commerce". So other than the NFA (which technicaly is a "tax", not a restriction yeah, right...), or being a prohibited person, the 1968 GCA does not apply. Take posession, and take them home...

When my grandfather passed away in 2003 in Nevada, I just shipped them home to myself UPS. Handguns in one box, next-day-air, and the rifles went ground.

He had them hidden in some very interesting places. :)

NateG
June 18, 2006, 09:16 PM
The answer above mentioned taking posession of the guns in one state and then bringing them home. Is there a legal way to ship them --possibly including handguns, if that changes things --from Wisconsin to Virginia without actually having been to Wisconsin to take posession of them? In other words, could my great uncle-in-law's estate/executor ship them to me in Virginia? (Ship the long guns and handguns, or just long guns?)

Thanks,
NateG

rscalzo
June 18, 2006, 10:06 PM
One point made earlier is incorrect. I have dealt with the transfer of firearms to the benificiary of a family members estate that included handguns in NJ. I dealt with the NJ State Police Firearms Section and found that no handgun purchase permits were required for the transfer. At best a Voluntary Registration could be made but it wasn't necessary.

Be aware that this transfer was not interstate..:)

NateG
June 19, 2006, 09:29 AM
From the ATF (http://www.atf.gov/pub/fire-explo_pub/complete.htm).

178.29 Out-of-State acquisition of firearms by nonlicensees.

No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:

(a) Shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State;

(b) Shall not apply to the transportation or receipt of a rifle or shotgun obtained from a licensed manufacturer, licensed importer, licensed dealer, or licensed collector in a State other than the transferee's State of residence in an over-the-counter transaction at the licensee's premises obtained in conformity with the provisions of 178.96(c); and

(c) Shall not apply to the transportation or receipt of a firearm obtained in conformity with the provisions of 178.30 and 178.97.

[T.D. ATF-270, 53 FR 10493, Mar. 31, 1988]

[...I removed an irrelevant section...]


178.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides: Provided, That the provisions of this section:

(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence; and

So, unless there are state laws that come into play, it looks like the executor could ship guns to me directly. Or am I missing something?

EOD Guy
June 19, 2006, 09:53 AM
So, unless there are state laws that come into play, it looks like the executor could ship guns to me directly. Or am I missing something?

You are correct. The can be shipped directly to you. The trick is getting a carrier to accept a shipment from the estate to an unlicensed individual. Since they would be shipped to an unlicensed individual, the law requires that the carrier be notified that firearms are being shipped. I would suggest that the executor of the estate download the appropriate sections of 27CFR in case there is any question about the legality of the shipment.

gezzer
June 19, 2006, 09:57 PM
If it is an NFA weapon it transfers to the heir tax free on a F5 and then can be shipped direct from the executor to the heir.

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