Law concerning inheritance of firearms

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nhhillbilly

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My Father in Law passed away in NJ. He owned several handguns and rifles. Most have been given to me by the estate. I have searched for Inheritance laws with out much success on this site. I live in Free NH and the firearms are in NJ. Do I have to go through an FFL or can I just pickup the firearms in NJ. Thank you.
 
I would fall over in a faint if NJ would allow an non resident to come and take posession of a fire arm and then take it home with you to another state. Circumstances not withstanding.

A quick phone call to an estate attorney there in NJ may be the way to get a solid answer to your question.

My purely uneducated guess is that the simple solution to your problem may be to have your inheritance mailed to an FFL in your state and then transferred to you. But as quirky as NJ is about guns I would check with an attorney.
 
I have checked the ATF web site and could not find an answer. I might end up calling them.
 
The guns are yours. You now own them. You have two options:

1. You can go to NJ and take possession of the firearms and transport them to NH following the provisions of 18USC,926A
http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000926---A000-.html
also from BATF
(B7) May a nonlicensee transport firearms for sporting or other lawful purposes? [Back]
Yes. Federal law provides a person, who is not prohibited by the GCA from receiving or transporting firearms, the right to transport a firearm under certain conditions, notwithstanding state or local law to the contrary. The firearms must be unloaded and in a locked trunk or, in a vehicle lacking a trunk, in a locked container other than the glove compartment or console. Also, the carrying and possession must be lawful at the place of origin and destination. [18 U. S. C. 926A, 27 CFR 178.38] 9

2. You can have someone ship your guns directly to you. There is no interstate commerce here, you did not purchase the guns, they were not given to you in a legal sense, they are yours and can be shipped directly to your home state.
from BATF
(B10) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]
Yes. A person may ship a firearm to himself or herself in care of another person in the state where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

Check with ATF for accuracy, nake sure it is one of the guys in Washington (I had a local guy that couldn't use a dictonary). This is ONLY regarding federal laws, the laws of NJ and NH may have some effect on this.
 
I would think this would be just like buying a firearm from another state and would need to go through a FFL to be legal. You may check with some local gun stores in both states too. Is the estate represented by an attorney? If it is he should be able to answer this for you also.
 
I would fall over in a faint if NJ would allow an non resident to come and take posession of a fire arm and then take it home with you to another state. Circumstances not withstanding.
Click to expand...

I'd think they would be pleased as pie to see firearms leaving their state, never to return.
 
Jeff OTMG is correct. Bequeathed firearms can be transported across state lines directly to the person who now owns them. No FFL is necessary. You can just go and pick the guns up (as long as you can legally possess firearms, of course.)

I personally would have the guns shipped to me via UPS ground service. There’s no legal requirement to tell UPS you’re shipping guns or to have them shipped overnight. Those are nothing more than UPS policies. What they don’t know won’t hurt them. ;)
 
What wmenorr67 said. No FFL is required unless you have them shipped to you. Drive over pick up YOUR guns and take them home. Just to be on the safe side I'd have a copy of the will with you in case you're pulled over, with that I don't think even a N.J. cop would be anal enough to mess with you.

Oswulf
 
Graystar is incorrect. Not telling UPS that there is a firearm in the box will get you into a whole heap of trouble.
Click to expand...

I also would like to see this LAW quoted. While I have always complied with this USP RULE, that is all it is a UPS RULE.
 
Regarding notification of a common carrier that you are shipping firearms, the relevant statutes are USC 18 922e and 18 924

USC 18 922e is the relevant statute:

USC 18 922(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped; except that any passenger who owns or legally possesses a firearm or ammunition being transported aboard any common or contract carrier for movement with the passenger in interstate or foreign commerce may deliver said firearm or ammunition into the custody of the pilot, captain, conductor or operator of such common or contract carrier for the duration of the trip without violating any of the provisions of this chapter. No common or contract carrier shall require or cause any label, tag, or other written notice to be placed on the outside of any package, luggage, or other container that such package, luggage, or other container contains a firearm.
Click to expand...

and the punishment for the crime in 924(a)(D) of the same title

(a)
(1) Except as otherwise provided in this subsection, subsection (b), (c), or (f) of this section, or in section 929, whoever—
(A) knowingly makes any false statement or representation with respect to the information required by this chapter to be kept in the records of a person licensed under this chapter or in applying for any license or exemption or relief from disability under the provisions of this chapter;
(B) knowingly violates subsection (a)(4), (f), (k), (r), (v), or (w) of section 922;
(C) knowingly imports or brings into the United States or any possession thereof any firearm or ammunition in violation of section 922 (l); or
(D) willfully violates any other provision of this chapter,
shall be fined under this title, imprisoned not more than five years, or both.
Click to expand...
 
USC 18 922(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce, to persons other than licensed importers, licensed manufacturers, licensed dealers, or licensed collectors, any package or other container in which there is any firearm or ammunition without written notice to the carrier that such firearm or ammunition is being transported or shipped;
Click to expand...

The firearm IS being shipped to a licensed dealer. Therefore NO declaration is required. I am still not convinced.
 
USC 18 922(e) It shall be unlawful for any person knowingly to deliver or cause to be delivered to any common or contract carrier for transportation or shipment in interstate or foreign commerce...
Click to expand...
A gun being shipped to its owner is not considered interstate commerce because it is not a transfer. The person already owns the gun. THAT is why you can ship a gun to yourself across state lines, why an out-of-state gunsmith can ship a gun back to its owner, and why an FFL is not required in the first place for the transfer of bequeathed firearms across state lines.

I still stand by my statement...in this particular case there is no legal requirement to notify UPS of the contents of the package.
 
Correct, the company I work for now regularly ships the firearms of our security personel from one location to another if they do not want to hassle with flying. The guns were not part of commerce, they were not sold, they belong to nhhillbilly and he can ship to himself or have someone ship his guns to him. We do it all the time, have for years, and on of our guys is a retired FBI agent. Once again, from the BATF FAQ website:

(B10) May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity? [Back]
Yes. A person may ship a firearm to himself or herself in care of another person in the state where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.

You can legally ship your firearm to yourself.
 
I personally would have the guns shipped to me via UPS ground service. There’s no legal requirement to tell UPS you’re shipping guns or to have them shipped overnight. Those are nothing more than UPS policies. What they don’t know won’t hurt them. ;)
Click to expand...
After rereading my post I realized that my statement could be construed as encompassing all possible shipping situations. That, of course, is wrong. There are situations when you must, by law, notify the carrier. I made my statement in reference to this particular circumstance only. Sorry for any confusion.
 
Hmm, so when would you have to notify them? It sounds from the law like the only time you'd have to notify them is if you were shipping it to another nonlicensed individual out of state for commerce. However, that's not legal so I don't get how that makes any sense.
 
There are at least two instances when a non-licensing can deliver a firearm across state lines to another non-licensee. The first is a bequest. The second is the loan or rental of a firearm. The rental probably qualifies as interstate commerce.
18 USC 922
(a) It shall be unlawful -
...
(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 (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
Click to expand...
 
As stated by others, the guns are yours and you need no FFL.
US CODE 922
Search through this for references to "bequest" & "intestate succession".

(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
 
A gun being shipped to its owner is not considered interstate commerce because it is not a transfer. The person already owns the gun. THAT is why you can ship a gun to yourself across state lines, why an out-of-state gunsmith can ship a gun back to its owner, and why an FFL is not required in the first place for the transfer of bequeathed firearms across state lines.

I still stand by my statement...in this particular case there is no legal requirement to notify UPS of the contents of the package.
Click to expand...

The shipment over state lines certainly is interstate commerce. Transfer of ownership has nothing to do with it. The legal definition contained in 27CFR reads as follows:

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart B_Definitions

Sec. 478.11 Meaning of terms.

Commerce. Travel, trade, traffic, commerce, transportation, or
communication among the several States, or between the District of
Columbia and any State, or between any foreign country or any territory
or possession and any State or the District of Columbia, or between
points in the same State but through any other State or the District of
Columbia or a foreign country.
Click to expand...

Also, you are wrong about notification in this particular case. Notification is not required when shipping to a licensee. This case however, involves shipping to a nonlicensee. Notification to the carrier is legally required when shipping to a nonlicensee. Here is the applicable part of the regulation.

TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS

CHAPTER II--BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND EXPLOSIVES,
DEPARTMENT OF JUSTICE

PART 478_COMMERCE IN FIREARMS AND AMMUNITION--Table of Contents

Subpart C_Administrative and Miscellaneous Provisions

Sec. 478.31 Delivery by common or contract carrier.

(a) No person shall knowingly deliver or cause to be delivered to
any common or contract carrier for transportation or shipment in
interstate or foreign commerce to any person other than a licensed
importer, licensed manufacturer, licensed dealer, or licensed collector,
any package or other container in which there is any firearm or
ammunition without written notice to the carrier that such firearm or
ammunition is being transported or shipped.
Click to expand...
 
Back to he original question:

GO to NJ and get them.
Transport unloaded in a locked container, with any ammo in a separate locked container.
Do Not stop in NYC . . . . NYS may be the same but NYC definately has issues with handguns.

Check http://www.packing.org for specific laws for any states you may be traveling through. Follow through to the cited source material.

The one I always like to reference is Maryland where at one point (perhaps still current) if you unloaded a pistol (took out the magazine) the gun was still considered loaded until you removed the rounds from the magazine.
 
Last edited:
How often do you guys get pulled over and searched when you are just driving around? I live in Texas and if my guns were in NJ I'd go get em and bring em on back here to the house.
 
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