Interstate between family

[Caliper_Mi]

Got a question a friend posed to me. Their parents live out of state (in CA, no less) and wish to send this person (in MI) several long guns. The rifles in question were originally purchased by the parents but have since been gifted to my friend. Is it legal to ship these UPS/FedEx/USPS without a FFL? I know interstate FTF deals are a bit of a sticky thing at times, but the familial relationship ought to make it easier, no? My thought is that the firearms are already legally owned by my friend due to them being a gift, and this would simply be similar to mailing guns to yourself while moving, etc. Has anyone out there done anything similar?

 

[NavyLCDR]

The guns have to be shipped to an FFL in their state in order to comply with 18 USC 922(a)(3) and (a)(5). There is no "family" exception to 18 USC 922.

The only exception for a permanent transfer is for bequest of firearms in a will or intestate succession (inheritance without a will) - in other words someone has to die and pass the firearms on to someone else.

The "shipping firearms to yourself" exception does not apply because the recipient of the firearms would also have to be the shipper of the firearms.

http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

 

[calaverasslim]

+1 with LT. They have to ship the firearms to a FFL in MI and your friend has to fill out the 4473(s) for each. If your friend has no CCW, then he may have to call for each firearm cuz most dealers do not like mutiple purchases on one 4473

 

[razorback2003]

Navy that is really good information because this often happens to folks who receive firearms as gifts from living relatives and of course inheritance after the death of a family member.

 

[deadin]

If the BATFE wants to be snotty about it has to be more than just "left to me in the estate" or "Dad said he wanted me to have his guns'" I believe the firearms in question have to be actually written into the will as being left to "so and so". (i.e. a "bequeathment")

 

[NavyLCDR]

If the BATFE wants to be snotty about it has to be more than just "left to me in the estate" or "Dad said he wanted me to have his guns'" I believe the firearms in question have to be actually written into the will as being left to "so and so". (i.e. a "bequeathment")

That's not what is written in the Federal statute:

(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;

http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

INTESTATE SUCCESSION
refers to the law of the State providing for the inheritance of property from a person who dies without leaving a will. Thus, to carry out a "intestate succession" simply means to transfer something after the owner has died and in accordance with the State law of intestate succession.

http://www.lectlaw.com/def/i063.htm

 

[conhntr]

so who is the burden of proof on? suppose LE investigates an individual; does that individual have to explain the origin and transfer type of all the firearms or does LE have the burden to prove that the firearm was illegally transfered?

 

[NavyLCDR]

The burden of proof is on the prosecutor. The problem is it may tie up your firearms, time, and $1,000's during the whole process while the prosecutor tries to wear you down to take a plea bargain to plead guilty to something they have no evidence of and you are not guilty of.