giving or selling guns to out of state resident to

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saitek

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hello i have a question for ffl holder's .how do i give (if they will take it ) my father just died Saturday ,my sister is up for the arrangements she is from Indiana ,i am in Iowa how do i legally give or sell her a handgun ? can i just hand it to her or does it have to be sent to a ffl holder in Indiana thanks for any help .:)
 
My condolences.

saitek said:
....hello i have a question for ffl holder's....
Why ask FFL holders. It's been shown many times that FFLs often don't understand federal law on the interstate transfer of firearms. Furthermore, there's no reason to expect an FFL to understand the laws relating to inheritance.

saitek said:
...my father just died Saturday ,my sister is up for the arrangements she is from Indiana ,i am in Iowa how do i legally give or sell her a handgun ? can i just hand it to her or does it have to be sent to a ffl holder in Indiana thanks for any help .
In general, federal law requires that a transfer of a handgun from a resident of one State to a resident of another must go through an FFL in the transferee's State of residence.

There may possibly be an exception IF:

[1]The decedent left a will in which the handgun is specifically left to the transferee, and the will is properly admitted to probate in the proper court, and probate has been concluded, and the judge has authorized the executor to distribute the assets of the estate; OR

[2]The decedent did not leave a will, but the transferee is entitled to share in the estate under the intestate succession laws of the State in which the decedent resided, and an administrator of the estate has been appointed by the probate court, and the proceeding have concluded, and the judge has authorized the administrator of the estate to distribute the assets of the estate.

So unless your sure that all the appropriate formalities under the inheritance laws of Iowa have been followed, you should plan to ship the handgun to a cooperating FFL in Indiana to be transferred to your sister.
 
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