legal transfer of estate firearms

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W/Vickers1938

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I am getting close to checkout, how should I go about transferring the contents of my gun safe upon my demise. I would hate to have them destroyed by some minion of LE. I am sure the local news weasels would refer to it as an arsenal. I also possess a small amount of primers and propellants.
 
If family in state, a gift or for the more detail-oriented the infamous $1 sale with a Bill of Sale works.

The out of state would require an FFL transfer is my understanding. It is a common probate question.

This advice is from a layman however. There may be a probate exception I am not aware of. State laws do vary.
 
If family in state, a gift or for the more detail-oriented the infamous $1 sale with a Bill of Sale works.

The out of state would require an FFL transfer is my understanding. It is a common probate question.

This advice is from a layman however. There may be a probate exception I am not aware of. State laws do vary.

The executor of your estate can transfer them directly to your named heirs.
Even across state lines.
 
Are you transferring to relatives /friends? Or selling them?

Selling to an out-of-State buyer may require them to go through a FFL, in their State.
Same with gift to relatives, depends on laws on their home State.

For most gift to relative; give it to them. As long as they can legally own a firearm (not a felon).
 
The executor of your estate can transfer them directly to your named heirs.
Even across state lines.

Not necessarily true.

This is coming from one who recently served as executor of an estate holding firearms.

The federal law does does contain such a provision. But you also gotta follow the state laws. Some of those are quite restrictive, and/or prohibitive, regarding the transfer of firearms.
 
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The executor of your estate can transfer them directly to your named heirs.
Even across state lines.

Not necessarily true.

This is coming from one who recently served as executor of an estate holding firearms.

The federal does does contain such a provision. But you also gotta follow the state laws. Some of those are quite restrictive, and/or prohibitive, regarding the transfer of firearms.

Both are correct. If the will specifies who gets what firearms they can legally be transferred by the executor across state lines. State laws must also be followed in this situation. An executor can't send say an AR to heirs in places such as California or New York due to state laws even though it is legal by federal laws.
 
….For most gift to relative; give it to them. As long as they can legally own a firearm (not a felon).

That is not necessarily true:

  • There is no exception for gifts, to relatives or anyone else, to the federal law requirement that interstate transfers of firearms go through an FFL.

  • And in some States universal background check laws might require that gifts of a gun to certain relatives go through an FFL.
 
I do not think the OP gave enough information to give an answer.

Who does he want them to go to, what State?

As mentioned, why wait? Transfer them now if you have someone to give them to.
 
This appears to be the relevant Iowa Statute:
https://www.legis.iowa.gov/docs/ico/chapter/724.pdf
1st relevant passage appears to be 724.15 (please see 724.15.2.e emphasis added)
724.15 Permit to acquire pistols or revolvers.
1. Any person who desires to acquire ownership of any pistol or revolver shall first obtain a permit. A permit shall be issued upon request to any resident of this state unless the person is subject to any of the following:
a. Is less than twenty - one years of age.
b. Is subject to the provisions of section 724.26 .
c. Is prohibited by federal law from shipping, transporting, possessing, or receiving a firearm.
2. Any person who acquires ownership of a pistol or revolver shall not be required to obtain a permit if any of the following apply:
a. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are licensed
firearms dealers under federal law .
b. The pistol or revolver acquired is an antique firearm, a collector ’s item, a device which is not designed or
redesigned for use as a weapon, a device which is designed solely for use as a signaling, pyrotechnic, line-
throwing, safety , or similar device, or a firearm which is unserviceable by reason of being unable to discharge
a shot by means of an explosive and is incapable of being readily restored to a firing condition.
c. The person acquiring the pistol or revolver is authorized to do so on behalf of a law enforcement agency .
d. The person has obtained a valid permit to carry weapons, as provided in section 724.11 .
e. The person transferring the pistol or revolver and the person acquiring the pistol or revolver are
related to one another within the second degree of consanguinity or affinity unless the person
transferring the pistol or revolver knows that the person acquiring the pistol or revolver would be
disqualified from obtaining a permit.

3. The permit to acquire pistols or revolvers shall authorize the permit holder to acquire one or more pistols or revolvers during the period that the permit remains valid. If the issuing officer determines that the applicant has become disqualified under the provisions of subsection 1 , the issuing officer may immediately revoke the permit and shall provide a written statement of the reasons for revocation, and the applicant shall have the right to
appeal the revocation as provided in section 724.21A .
4. An issuing officer who finds that a person issued a permit to acquire pistols or revolvers under this chapter has been arrested for a disqualifying offense or who is the subject of proceedings that could lead to the person’s ineligibility for such permit may immediately suspend such permit. An issuing officer proceeding under this subsection shall immediately notify the permit holder of the suspension by personal service or certified mail
on a form prescribed and published by the commissioner of public safety and the suspension shall become effective upon the permit holder ’s receipt of such notice. If the suspension is based on an arrest or a proceeding that does not result in a disqualifying conviction or finding against the permit holder, the issuing officer shall immediately reinstate the permit upon receipt of proof of the matter ’s final disposition. If the arrest leads to a disqualifying
conviction or the proceedings to a disqualifying finding, the issuing officer shall revoke the permit. The issuing officer may also revoke the permit of a person whom the issuing officer later finds was not qualified for such a permit at the time of issuance or who the officer finds provided materially false information on the permit application. A person aggrieved by a suspension or revocation under this subsection may seek review of the decision pursuant to section 724.21A .

724.16 Permit to acquire required — transfer prohibited.
1. Except as otherwise provided in section 724.15, subsection 2 , a person who acquires ownership of a pistol or revolver without a valid permit to acquire pistols or revolvers or a person who transfers ownership of a pistol or revolver to a person who does not have in the person’s possession a valid permit to acquire pistols or revolvers is guilty of an aggravated misdemeanor .
2. A person who transfers ownership of a pistol or revolver to a person that the transferor knows is prohibited by section 724.15 from acquiring ownership of a pistol or revolver commits a class “D ” felony .

724.22 Appears to be important, too (emphasis added)
724.22 Persons under twenty- one — sale, loan, gift, making available — possession.
1. Except as provided in subsection 3, a person who sells, loans, gives, or makes available a rifle or shotgun or ammunition for a rifle or shotgun to a minor commits a serious misdemeanor for a first offense and a class “D ” felony for second and subsequent offenses.
2. Except as provided in subsections 4 and 5, a person who sells, loans, gives, or makes available a pistol or revolver or ammunition for a pistol or revolver to a person below the age of twenty-one commits a serious misdemeanor for a first offense and a class “D ” felony for second and subsequent offenses.
3. A parent, guardian, spouse who is eighteen years of age or older, or another with the express consent of the minor ’s parent or guardian or spouse who is eighteen years of age or older may allow a minor to possess a rifle or shotgun or the ammunition therefor which may be lawfully used.
4. A person eighteen, nineteen, or twenty years of age may possess a firearm and the ammunition therefor while on military duty or while a peace officer , security guard or correctional officer, when such duty requires the possession of such a weapon or while the person receives instruction in the proper use thereof from an instructor who is twenty- one years of age or older .
5.
a. A parent or guardian or spouse who is twenty-one years of age or older, of a person under the age of twenty-
one may allow the person, while under direct supervision, to possess a pistol or revolver or the ammunition
therefor for any lawful purpose, or while the person receives instruction in the proper use thereof from an
instructor twenty-one years of age or older, with the consent of such parent, guardian or spouse.
b. As used in this section, “direct supervision” means supervision provided by the parent, guardian, spouse, or
instructor who is twenty-one years of age or older, who maintains a physical presence near the supervised
person conducive to hands-on instruction, who maintains visual and verbal contact at all times with the
supervised person, and who is not intoxicated as provided under the conditions set out in section 321J.2,
subsection 1, or under the influence of an illegal drug.
6. For the purposes of this section , caliber .22 rimfire ammunition shall be deemed to be rifle ammunition.
7. It shall be unlawful for any person to store or leave a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of fourteen years, if such person knows or has reason to believe that a minor under the age of fourteen years is likely to gain access to the firearm without the lawful permission of the minor’s parent, guardian, or person having charge of the minor, the minor lawfully gains access to the firearm without the consent of the minor ’s parent, guardian, or person having charge of the minor , and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. This subsection does not apply if the minor obtains the firearm as a result of an unlawful entry by any person.A violation of this subsection is punishable as a serious misdemeanor .
8. A parent, guardian, or spouse who is twenty-one years of age or older, of a minor under the age of fourteen years who allows that minor to possess a pistol or revolver or the ammunition pursuant hereto, shall be strictly liable to an injured party for all damages resulting from the possession of the pistol or revolver or ammunition therefor by that minor.
9. A parent, guardian, spouse, or instructor , who knowingly provides direct supervision under subsection 5, of a person while intoxicated as provided under the conditions set out in section 321J.2, subsection 1, paragraph “a”, “b”, or “c”, commits child endangerment in violation of section 726.6, subsection 1, paragraph “i”.

Please note that I found reference to Iowa repealing the Permit to Purchase requirement as of 01JAN22--but I find no documentation for that at present (that will be in Legislative records).

Spending the price of a nice handgun and some ammo with an Estate Attorney could be well worth it. Estate laws vary from State to State, and what constitutes a proper Will and bequest differs. Failing the meet that standard can make the decedent intestate, and a Probate Court winds up sorting it all out..
 
This appears to be the relevant Iowa Statute:
https://www.legis.iowa.gov/docs/ico/chapter/724.pdf
1st relevant passage appears to be 724.15 (please see 724.15.2.e emphasis added)


724.22 Appears to be important, too (emphasis added)


Please note that I found reference to Iowa repealing the Permit to Purchase requirement as of 01JAN22--but I find no documentation for that at present (that will be in Legislative records).

Spending the price of a nice handgun and some ammo with an Estate Attorney could be well worth it. Estate laws vary from State to State, and what constitutes a proper Will and bequest differs. Failing the meet that standard can make the decedent intestate, and a Probate Court winds up sorting it all out..
Thank you very much
 
I appreciate greatly the response.
Not a problem.
In the Legal Forum here, we are meant to debate from the actual statutes, rather than from opinion or hearsay or the like.
And, fortunately, Iowa makes its statutes available for direct research.
Which ought to allow for some advised conversations when dealing with Estate Attorneys.
Who will e experienced with writing things up that deal with issues like a person declining a bequest, or where a parent/guardian declines (sadly firearms ownership has become political, and there are those who object for political reasons). I cannot imagine such things, and why I pay for the advice and direction of smart people.

Fair winds and following seas, Chief.
 
Interesting thread - particularly for this writer since I'm currently the executor for the estate of a close family member... No firearms are involved - but everything else has me consulting our attorney periodically so that I don't make any mistakes....

For anyone reading this... can't tell you how glad I am that my parents gave great thought to their estates well in advance of their passing... That alone, has made my task much much easier. It's made me realize how important estate planning is - no matter how great or small the estate might be...
 
As stated, there IS a difference between inheriting a firearm versus receiving one as a gift.

A firearm that is given as a gift must go through a FFL if both parties live in different states. An inherited firearm does not have to go through a FFL as long as it is legal for the receiver to own in his/her home state.

In either instant, state laws must still be followed.
 
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For anyone reading this... can't tell you how glad I am that my parents gave great thought to their estates well in advance of their passing... That alone, has made my task much much easier. It's made me realize how important estate planning is - no matter how great or small the estate might be...

I have been trying to get my parents to have wills done up for this reason. I have four brothers and things will be a big mess if our parents do not have a good will made out.
 
Does anyone know the answer to this:

I have a friend in another state who is an FFL. When my time comes I would like my firearms shipped to him to sell, with the proceeds after his fees to be divided among several 2A charities. Being that he is himself an FFL, can my executor here just ship them to him? Or will it be necessary to have a local FFL do that?
 
Does anyone know the answer to this:

I have a friend in another state who is an FFL. When my time comes I would like my firearms shipped to him to sell, with the proceeds after his fees to be divided among several 2A charities. Being that he is himself an FFL, can my executor here just ship them to him? Or will it be necessary to have a local FFL do that?

They can be shipped direct to him. The Executor will need a copy of his FFL.
 
Let us, in the spirit of Legal, repair off to 18 USC 922
(emphasis added)
(a) It shall be unlawful—
(1) for any person—
{elipsis}
(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;
Further (emphasis added)
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) 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; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an 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
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

However, there are some practical considerations to consider. FFL are allowed to use USPS for shipping, which can avoid having to navigate the Tariff Regulations of Common Carriers.
 
As someone who wrote their first will at 18, do as much as you can while still around. Gifts, family sales etc will make it easier for your executor to do the rest. My grandmother was something of a pack rat. And it took close to a decade to divide up her estate among the family members. And she had no firearms to contend legalities with.

You will also want to look into local ordinances for the primers and propellants. Fire codes, apartment/rental agreements, in addition to state law can pose a problem in a family member receiving these items. Even in a gun friendly state, my rental agreement for an apartment had clauses on allowed capacities for "combustible materials" like certain cleaners, primers, and gunpowder.
 
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