Another inter state transfer question

[Mousegun]

Person's uncle passes away in another and in his will he leaves entire content of his home to his nephew. The will does not specify the 3 legal rifles by name or serial number.
He brings the rifles to his state in which they are legal to own.
In this instance, does he have to go through an FFL in his or his uncle's state for a legal transfer? I know an FFl from either state can transfer a long gun, but in this case, is one needed.
Sorry if this has been answered before, but a search failed to find.

 

[Old_Grouch]

For long guns FFL transfer isn't required by FEDERAL law. The State may have restrictions though.

 

[12Bravo20]

No FFL is needed for a transfer of firearms that are inherited/bequeathed. The Executor will handle the transfer according to the will. Granted this is per federal laws. Always check each state's laws to make sure transfers are legal.

From 18 USC 922 (a) (5) (A)

(5)
for any person (other than a licensed importer, licensed manufacturer, licensed dealer, orlicensed 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;

Pertinent sentence for the OP's question is in bold.

Again check the laws of both states to makes sure all state laws are also followed.

 

[Mousegun]

For long guns FFL transfer isn't required by FEDERAL law. The State may have restrictions though.

As taken off the ATF web site:​

May an unlicensed person acquire a firearm under the GCA in any state?​

Generally, a person may only acquire a firearm within the person’s own state. Exceptions include the acquisition pursuant to a lawful bequest, or an over-the-counter acquisition of a rifle or shotgun from a licensee where the transaction is allowed by the purchaser’s state of residence and the licensee’s state of business. A person may borrow or rent a firearm in any state for temporary use for lawful sporting purposes.
[18 U.S.C 922(a)(3); 27 CFR 478.29]

This leads me to believe that two unlicensed people can not exchange a rifle or shotgun out of state. It has to go through an FFL either in the seller OR buyers state. In the persons case I mentioned above, the contents of the home were willed to him. I know that if guns are willed they can be taken from state to state following legal guidelines, but I don't know if they had to be individually listed or fall under the umbrella of "contents."

 

[12Bravo20]

I posted the relevant portion of the US Code 18 USC 922 above. And the executor of the will is the one that will transfer any inherited firearms to the person(s) listed in the will. There is no need for the involvement of a FFL in this case. You just have to make sure the transfer is legal in both states.

The same goes for NFA items that are left to others in a will. The only difference is that the NFA items transfer on a tax free Form 5. All laws must still be followed to include applicable NFA laws. And again the executor is the one that holds the NFA items and then transfers them once the Form 5 is approved.

 

[herrwalther]

Not easy to answer without knowing the to and from state the firearms are going through. Federally, there is nothing slowing down the transfer as long as they are not NFA firearms. Some states have laws about the import and export of firearms to be careful of. If you post what they are you can get a more complete answer.

 

[Mousegun]

No NFA items and the guns are legal in both states. I just wasn't sure if the term "contents" covered firearms as well due to the fact that firearms seem often to be in a category of their own. Thanks for all replies.

 

[12Bravo20]

No NFA items and the guns are legal in both states. I just wasn't sure if the term "contents" covered firearms as well due to the fact that firearms seem often to be in a category of their own. Thanks for all replies.

That would be a question for the lawyers, especially the one executing the will. Otherwise it looks like you are good to go as far as state and federal laws. AS long as the recipient can legally possess firearms.

 

[unspellable]

No FFL is needed for a transfer of firearms that are inherited/bequeathed. The Executor will handle the transfer according to the will. Granted this is per federal laws. Always check each state's laws to make sure transfers are legal.

From 18 USC 922 (a) (5) (A)


Pertinent sentence for the OP's question is in bold.

Again check the laws of both states to makes sure all state laws are also followed.

Does this apply to handguns?

 

[12Bravo20]

Does this apply to handguns?

8 USC 922 (a) (5) (A) does not make a distinction between hand guns and long guns. As long as the firearm are legal in both states, and the recipient can legally posses firearms, then the executor of the will can transfer the firearms to the recipient.

As always check your state laws and if in doubt, contact a lawyer in your state that specializes in firearms laws.

 

[hso]

Does this apply to handguns?

Exceptions include the acquisition pursuant to a lawful bequest

 

[CapnMac]

8 USC 922 (a) (5) (A) does not make a distinction between hand guns and long guns. As long as the firearm are legal in both states, and the recipient can legally posses firearms, then the executor of the will can transfer the firearms to the recipient.

Note that the Executor (or executrix) will likely need to arrange for recipients to collect the arms them selves in person. As, most common carriers will no longer accept unless through an FFL.

As always check your state laws and if in doubt, contact a lawyer in your state that specializes in firearms laws.

Excellent advice, as always.