i want to know if there is anyone out there that can help me my aunt is holding one of my grandpas shotguns left to me. she lives in texas and she said she wont ship to me and im in ohio until she knows the gun laws about shipping a gun out of texas
Gun Laws
- Thread starter drew_2007
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She needs to ship it to an FFL in your state.
Assuming you are over the age of 18 and eligible to own a gun (and the gun is legal in your state/municipality), you would go to the FFL, pay a transfer fee, fill out your 4473, clear the background check and take your gun home with you.
Assuming you are over the age of 18 and eligible to own a gun (and the gun is legal in your state/municipality), you would go to the FFL, pay a transfer fee, fill out your 4473, clear the background check and take your gun home with you.
Sam1911
Moderator Emeritus
Exactly right. She can ship it herself, or she can take it to a gun shop near her and pay them to ship it. Either way, it has to go to a gun dealer in your state where you fill out the form and take possession of it.
Before she does this, you should stop in at your local gun shop and talk this over with them. They need to agree to receive it for you (make sure they will accept a shipment from an individual if she's going to ship it herself) and give you their contact info. If she's going to have a dealer ship it, that dealer and yours will need to communicate and send the proper credentials.
You COULD also go visit her and (because it is a long gun) do the transfer at HER local dealer. That would cut out hassle and expense for her, but add in some for you. She'd probably like to see you anyway.
CoRoMo
Member
Why bother with the dealer? Just drive/fly back home with it, without involving a dealer at all. Since the OP seems to be indicating that the gun was bequeathed to him, it is already his property and there is no need of a dealer/transfer. Or mail it back, directly to yourself.
So the estate's executor is simply holding his property. Right?
Sam1911
Moderator Emeritus
Remember that bequests are fairly specific. If the gun was left TO HIM, in the will, specifically, then yes.
A gun that was grandpop's, that is now property of grandma, but which "Grandpa probably would have wanted him to have," (or whatever) really isn't covered.
A gun that was grandpop's, that is now property of grandma, but which "Grandpa probably would have wanted him to have," (or whatever) really isn't covered.
newbuckeye
Member
I would use UPS....not US Mail.....
NavyLCDR
member
Just curious...how is she going to find out what the laws for shipping a gun out of Texas are? Will "these guys on the internet said..." really convince her?
mgkdrgn
Member
I think the best way to put grandmas mind at ease is have her take it to a friendly neighborhood FFL to ship it for her. They know the laws ... they do it for a living.
CoRoMo
Member
Yes, UPS/FedEx will be cheaper by a long margin. I think the last time I FedEx'ed a shotgun, it cost ~$17.
jonnyc
Member
I don't believe there are any state laws about shipping out of a state, they're all about the receiving end.
How old is the shotgun? Any chance it's an antique?
How old is the shotgun? Any chance it's an antique?
GoWolfpack
Member
- Joined
- May 13, 2009
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- 522
Yes it is. In this case if the gun isn't specifically mentioned in the will it is at the executor's discretion who to pass it to. If the executor decides the OP should get this gun it's the same as if it had been specifically bequeathed to him.
FYI: Bequest and intestate succession are exempted from interstate transfer laws under 18 USC 922 (a)(3)(A).
Sam1911
Moderator Emeritus
It would be very convenient if that were the case. I've not seen or been able to find any legal citation that says this is so. In fact, I've read specifically that if the beneficiary is not listed by name in the will that the firearms are not eligible for the interstate transfer exemption.
They CAN still be disbursed by the executor as part of parceling out the estate, but must go through normal FFL channels.
Can you provide some legal support for your belief that this is not so?
NavyLCDR
member
You both have elements that are correct, but neither presents the entire case (in my humble opinion).
Firearms left to someone specific in a will are bequested. No FFL required.
When a person dies with no will, they may be transferred without an FFL by intestate succession. However, intestate succession is an act BY LAW. It is not up to the discretion of the executor of the estate to pass out the guns to whomever they want to. When the probate court determines who the heirs are of the guns, the guns can go to the heirs with no FFL required. If that court designated heir does not want the guns, then they must jump through all the normal hoops required to transfer them to someone else.
Sam1911
Moderator Emeritus
That can be incredibly frustrating. It is hard to show someone just exactly where in the law it doesn't say you have to register your guns.
It is harder to prove the absense of something, than the existance of something.
Best you can do, probably is show her the NRA's pages on the two states:
Texas: http://www.nraila.org/gun-laws/state-laws/texas.aspx
Ohio: http://www.nraila.org/gun-laws/state-laws/ohio.aspx
You'll notice right there in the second line of the first chart: "Registration of firearms: NO"
It is harder to prove the absense of something, than the existance of something.
Best you can do, probably is show her the NRA's pages on the two states:
Texas: http://www.nraila.org/gun-laws/state-laws/texas.aspx
Ohio: http://www.nraila.org/gun-laws/state-laws/ohio.aspx
You'll notice right there in the second line of the first chart: "Registration of firearms: NO"
Try Arizona, where gun registration is prohibited by law. When/if I get the time I'll look up the statute.
Once and awhile we get a visitor from some unenlightened part of the country (or world for that matter) who ask, "All of these guns are registered aren't they?" in a quivering voice, and go completely bonkers when they are told, "No, to do so would be illegal."
Once and awhile we get a visitor from some unenlightened part of the country (or world for that matter) who ask, "All of these guns are registered aren't they?" in a quivering voice, and go completely bonkers when they are told, "No, to do so would be illegal."
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