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inheritance of guns across state lines

Discussion in 'Legal' started by igpoobah, Jul 28, 2007.

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  1. igpoobah

    igpoobah Member

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    Done some searching here and ATF site but didn't come up with definitive answers, so I refer back to you all.

    I was told today by my grandfather that he has some guns he wants to pass on to me. I live in AR, he lives in GA.

    What laws govern this transfer?
     
  2. Outlaws

    Outlaws Member

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    If it is two freedom states with no paper work, just go get them and tell the ATF to shove it.
     
  3. ArmedBear

    ArmedBear Member

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    Clinton's "gays in the military" policy?
     
  4. wdlsguy

    wdlsguy Member

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    This really isn't an inheritance question, since your grandfather is still living. Since you are residents of different states, you will need the services of an FFL. Rifles and shotguns can go through an FFL in either state. Handguns must go through an FFL in your state.
     
  5. 1 old 0311

    1 old 0311 member

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    On a private transfer, if you are eligable to own the weapons in your State, I don't think a transfer is necessary.
     
  6. Car Knocker

    Car Knocker Member

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    So, you're advocating that the OP commit a federal felony?

    1- The laws of the two states involved.

    2- Federal law - if your grandfather is alive when you get the guns, they are a gift and are treated as any other interstate transfer of firearms. If the guns are a specific bequest in his will:

    18 USC 922. Unlawful acts

    How Current is This?
    (a) It shall be unlawful—
    (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;

    (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

    http://www4.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html
     
    Last edited: Jul 28, 2007
  7. igpoobah

    igpoobah Member

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    So what you are saying is that if I get them while he is alive that I have to do paperwork, and if I get them via a Will after he dies I don't.

    That is what I gathered from that.
     
  8. wdlsguy

    wdlsguy Member

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    Correct.
     
  9. ArmedBear

    ArmedBear Member

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    Oh. I thought you said INHERITANCE.

    "Gift" would be a different thing.
     
  10. 1 old 0311

    1 old 0311 member

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    I just got off the phone with my FFL. Long guns can be transfered with NO paperwork. Handguns would have to be sent to a FFL back in your State.
     
  11. wdlsguy

    wdlsguy Member

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    Assuming we are talking about a gift, and not an inheritance, your FFL is incorrect. Please show him the following items in the BATFE FAQ:

    http://www.atf.gov/firearms/faq/faq2.htm#b1
    http://www.atf.gov/firearms/faq/faq2.htm#b2

    Correct, assuming we are talking about a gift, and not an inheritance.
     
  12. Frog48

    Frog48 Member

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    That wont seem like such a good idea when you're spending time in Club Fed.
     
  13. Outlaws

    Outlaws Member

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    People need to lighten up. He is dealing with his grandfather. Its not like CA or NY where you need a paper trail to justify owning something. Next time you see your grandfather you take possession of the stuff and that is that. We are talking about GA and AR, its not like a traffic cop hasn't ever seen a gun before.
     
  14. Sistema1927

    Sistema1927 Member

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    "Lighten up"?

    It wasn't any of us who dreamed up the assinine gun transfer laws, but it is all of us who have to suffer under them. Unless it is a bequest, and since they are residents of different states, then the transfer must take place via the proper FFL channels.

    To advise differently on this public forum would be lunacy.
     
  15. igpoobah

    igpoobah Member

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    Don't worry, I will do things legally, just needed to know what 'legally' was in this case.

    I don't call myself a 'law-abiding gun owner' for nothing.
     
  16. JerryM

    JerryM Member

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    One cannot transfer either a long gun or hand gun to someone outside your own state without going through a FFL in the receivers state.
    Do not disobey the law.

    It is legal to receive a gun that has been willed to one, but obviously that can only be done after the death of the giver. The gun has to be listed specifically in the will.

    It is not clear to me why one would risk going to jail, being guilty of a felony, and the cost of lawyers to bypass the FFL required by law.

    Unfortunately even FFL dealers do not always know the law in these instances. I have been through a very similar thing in giving a handgun to a relative. I checked with the ATF and learned that I did not have to go through a FFL in my state, but must go through one in the state of my relative.

    I hand carried it, and the dealer in that state did not know I could not just give it to the relative, and I had to call the ATF office in that state to confirm that it was necessary to transfer through a FFL.

    Do not put much confidence in the knowledge of any dealer, and do not follow the advice of those who tell you to ignore the law.

    Regards,
    Jerry
     
  17. Don Gwinn

    Don Gwinn Moderator Emeritus

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    Lighten up! What's a little time in a federal pen between family?

    Possibly you've forgotten the kid a few years back who inherited a .22 rifle from his grandfather, which turned out to be too short in the barrel--and was prosecuted by the feds for possession.

    No crimes will be advocated on THR. Period.
     
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