[TEX]

I have a hazy question about firearm ownership and shipping of this firearm(s). I already called the local BATF office for an answer and got a "Uhhh, Geee I'm not sure on that one. I'll have someone call you back". This was over a week ago. I would really appreciate the advice of someone who is really up on this area of the law. I am concerned principly with applicable federal laws at this point, not any state laws. Here is the question.

When my father passed away here (where I live also) in Texas a while back, he had two firearms; a Remington 870 bird gun and a S&W Airweight 38-Special. I have only one sibling, so in a technical sorta of sense, we are half owners of both guns (I think?), or we each own one of the guns (coin toss, etc. to choose). I know here in Texas (also my state of residence) there is no FFL paperwork required for me to take possession of one or both of the firearms. We just decided for the time being, that he wanted the shot gun and I wanted the pistol. The shotgun was broken down, placed in his luggage, declared and flew home with him to California. Now he would like to have the pistol and I may (?) have some use for the bird gun.

Since we are both 50% owners (again, I think) of both firearms, do I have to ship the pistol via an FFL and a form filled out on his end? And, what of the shot gun was coming my way? What if we just wanted to exchange firearms every other year? Does it make any difference, other than shipping method, whether it a pistol or long gun?

Again, I posed this question to my local BATF office and the gentleman that I talked to didn't have an answer at the time, and they have not called me back with one. So, I was hoping the vast mental resources available here might have an answer.

Thanks in Advance - TEX

[loki.fish]

Well, I'm no lawyer, from either state in question, or work for the ATF. Therefore, what I say is just what I think. With that said.

I'm pretty sure that if you ship any sort of firearm it must go to an FFL. I'd say your best bet is visit each other once a year and swap.

[EOD Guy]

It's too late to use the exemption for bequests from an estate, so you will both have to ship to an FFL. Ownership, or part ownership, doesn't matter. What matters is possession.

P.S. You're rationalizing on the half ownership. Each of you owns one firearm.

[deadin]

From the way you described the "breaking" up of your father's possessions, it sounds as if there was no will or the will didn't specifically say who was to get what. In this case there was no "bequeathment" in the first place, so the exemption on crossing state lines without benefit of an FFL never came into play. Had your brother originally taken the handgun instead of the shotgun , he would not have been legally allowed to transport it between states to start with. (Except through a FFL in his home state.) Long guns fall under slightly different regulations and it would need to be legal in both states for him to take possession without paperwork.

Dean

[wdlsguy]

Since you have the handgun in Texas, and your brother has the shotgun in California, you need the services of an FFL to take possession of the shotgun, and your brother needs the services of an FFL to take possession of the handgun.

[zoom6zoom]

Easiest solution: tell him the handgun isn't legal in ****. ;)