legal transfer of estate firearms

Discussion in 'Legal' started by W/Vickers1938, Nov 28, 2021.

  1. W/Vickers1938

    W/Vickers1938 Member

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    I am getting close to checkout, how should I go about transferring the contents of my gun safe upon my demise. I would hate to have them destroyed by some minion of LE. I am sure the local news weasels would refer to it as an arsenal. I also possess a small amount of primers and propellants.
     
  2. Barr

    Barr Member

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    If family in state, a gift or for the more detail-oriented the infamous $1 sale with a Bill of Sale works.

    The out of state would require an FFL transfer is my understanding. It is a common probate question.

    This advice is from a layman however. There may be a probate exception I am not aware of. State laws do vary.
     
  3. brickeyee

    brickeyee Member

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    The executor of your estate can transfer them directly to your named heirs.
    Even across state lines.
     
  4. Seedy Character

    Seedy Character Member

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    Are you transferring to relatives /friends? Or selling them?

    Selling to an out-of-State buyer may require them to go through a FFL, in their State.
    Same with gift to relatives, depends on laws on their home State.

    For most gift to relative; give it to them. As long as they can legally own a firearm (not a felon).
     
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  5. RickD427

    RickD427 Member

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    Not necessarily true.

    This is coming from one who recently served as executor of an estate holding firearms.

    The federal law does does contain such a provision. But you also gotta follow the state laws. Some of those are quite restrictive, and/or prohibitive, regarding the transfer of firearms.
     
    Last edited: Nov 28, 2021
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  6. Jim Watson

    Jim Watson Member

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    You could give them away while still kicking and be more certain of your heirs getting something they like.
     
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  7. 12Bravo20

    12Bravo20 Member

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    Both are correct. If the will specifies who gets what firearms they can legally be transferred by the executor across state lines. State laws must also be followed in this situation. An executor can't send say an AR to heirs in places such as California or New York due to state laws even though it is legal by federal laws.
     
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  8. Frank Ettin

    Frank Ettin Moderator Staff Member

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    That is not necessarily true:

    • There is no exception for gifts, to relatives or anyone else, to the federal law requirement that interstate transfers of firearms go through an FFL.

    • And in some States universal background check laws might require that gifts of a gun to certain relatives go through an FFL.
     
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  9. Rule3

    Rule3 Member

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    I do not think the OP gave enough information to give an answer.

    Who does he want them to go to, what State?

    As mentioned, why wait? Transfer them now if you have someone to give them to.
     
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  10. CapnMac

    CapnMac Member

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    This appears to be the relevant Iowa Statute:
    https://www.legis.iowa.gov/docs/ico/chapter/724.pdf
    1st relevant passage appears to be 724.15 (please see 724.15.2.e emphasis added)
    724.22 Appears to be important, too (emphasis added)
    Please note that I found reference to Iowa repealing the Permit to Purchase requirement as of 01JAN22--but I find no documentation for that at present (that will be in Legislative records).

    Spending the price of a nice handgun and some ammo with an Estate Attorney could be well worth it. Estate laws vary from State to State, and what constitutes a proper Will and bequest differs. Failing the meet that standard can make the decedent intestate, and a Probate Court winds up sorting it all out..
     
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  11. W/Vickers1938

    W/Vickers1938 Member

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    Thank you very much
     
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  12. W/Vickers1938

    W/Vickers1938 Member

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    Thank you Cap'n Mac. I appreciate greatly the response. I have copied and perusing the contents. I need to get it spelled out in my will. Which will be step one.
    Again thank you
    MMC USN (Retired)
     
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  13. CapnMac

    CapnMac Member

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    Not a problem.
    In the Legal Forum here, we are meant to debate from the actual statutes, rather than from opinion or hearsay or the like.
    And, fortunately, Iowa makes its statutes available for direct research.
    Which ought to allow for some advised conversations when dealing with Estate Attorneys.
    Who will e experienced with writing things up that deal with issues like a person declining a bequest, or where a parent/guardian declines (sadly firearms ownership has become political, and there are those who object for political reasons). I cannot imagine such things, and why I pay for the advice and direction of smart people.

    Fair winds and following seas, Chief.
     
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  14. armoredman

    armoredman Member

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    Sir, I hope you are wrong and have many more years left.
     
  15. lemaymiami

    lemaymiami Member

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    Interesting thread - particularly for this writer since I'm currently the executor for the estate of a close family member... No firearms are involved - but everything else has me consulting our attorney periodically so that I don't make any mistakes....

    For anyone reading this... can't tell you how glad I am that my parents gave great thought to their estates well in advance of their passing... That alone, has made my task much much easier. It's made me realize how important estate planning is - no matter how great or small the estate might be...
     
  16. 12Bravo20

    12Bravo20 Member

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    As stated, there IS a difference between inheriting a firearm versus receiving one as a gift.

    A firearm that is given as a gift must go through a FFL if both parties live in different states. An inherited firearm does not have to go through a FFL as long as it is legal for the receiver to own in his/her home state.

    In either instant, state laws must still be followed.
     
    Last edited: Dec 1, 2021
  17. 12Bravo20

    12Bravo20 Member

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    I have been trying to get my parents to have wills done up for this reason. I have four brothers and things will be a big mess if our parents do not have a good will made out.
     
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  18. Seedy Character

    Seedy Character Member

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    I have seen families torn apart, fighting over a nickel ($0.05) or a teapot.

    It goes to probate and only the lawyers win.

    WRITE YOUR WISHES DOWN!
     
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  19. old lady new shooter

    old lady new shooter Member

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    Does anyone know the answer to this:

    I have a friend in another state who is an FFL. When my time comes I would like my firearms shipped to him to sell, with the proceeds after his fees to be divided among several 2A charities. Being that he is himself an FFL, can my executor here just ship them to him? Or will it be necessary to have a local FFL do that?
     
  20. Seedy Character

    Seedy Character Member

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    They can be shipped direct to him. The Executor will need a copy of his FFL.
     
  21. old lady new shooter

    old lady new shooter Member

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    Thanks. :)
     
  22. CapnMac

    CapnMac Member

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    Let us, in the spirit of Legal, repair off to 18 USC 922
    (emphasis added)
    Further (emphasis added)
    However, there are some practical considerations to consider. FFL are allowed to use USPS for shipping, which can avoid having to navigate the Tariff Regulations of Common Carriers.
     
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  23. herrwalther

    herrwalther Member

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    As someone who wrote their first will at 18, do as much as you can while still around. Gifts, family sales etc will make it easier for your executor to do the rest. My grandmother was something of a pack rat. And it took close to a decade to divide up her estate among the family members. And she had no firearms to contend legalities with.

    You will also want to look into local ordinances for the primers and propellants. Fire codes, apartment/rental agreements, in addition to state law can pose a problem in a family member receiving these items. Even in a gun friendly state, my rental agreement for an apartment had clauses on allowed capacities for "combustible materials" like certain cleaners, primers, and gunpowder.
     
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