Question about inheriting a gun (in MO)

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gh0strider

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My brother passed away a bout 3 weeks ago. He owned a Ruger Blackhawk .357 revolver. He bought the gun many years ago in Missouri, he lived in Kansas when he passed away.

I live in Missouri and my dad wants me to have my brother's gun. How do we go about getting it transferred to me? Do we have to wait until my dad becomes the executor on my brother's estate and then have the gun shipped to an FFL in Missouri?

Thanks for the help

Bruce
 
Well, there's the law and then there's what I would do if it were me in this situation.

I'm very sorry to hear of your brother's passing, by the way. My prayers to your family for strength during this terrible time.

To be legal, you need to see if your state requires any permits to own a gun. If not, you probably need to arrange for a licensed gun dealer to receive the gun from your dad and transfer it to you. He can ship directly to the dealer under federal law but some dealers won't take shipments from non dealers so ask him if he will. There may be specific laws on inheriting a gun that might make it easier. Even California allows for facilitated transfers to heirs.

That's the law. Now for what I would do. The gun is with your dad in the next state? I would drive over for a weekend visit and bring the gun home with me. I don't think KS or MO are bad about oppressive gun laws and nobody will ever know or care about your taking possession of your late brother's pistol. Yes, it's illegal but this sort of transfer happens all the time and the cops have better things to do than enforce stupid gun laws that interfere in what should be family business.
 
Heck no its not an illegal transfer its a gift from your dad to you. If Mo doesnt have registration laws(most states dont), just drive over and get the gun.
 
Missouri does have a registration law.

Legally since you are recieving the gun from KS into Missouri you would have to go through an FFL. Then you would have to get a Permit to Aquire a Concealable Firearm from you local sheriff.

The whole permit thing is very very lightly enforced in Missouri. So you it is up to you weither you want to go through and FFL and pay for the trasfer plus the Permit to Aquire fee or just go over for the weekend and bring it home.

If you want, you should ask this on www.missouricarry.com/forums
There are a few lawyers on that sight that are Missouri lawyers and there are also alot of people very knowlegable on MO firearms laws.


clipse
 
Sorry to hear about your brother, I am sure you will remember him each and every time you shoot that pistol.(I would like to be remembered that way)

I was born and raised in MO. and will Ditto what clipse said.

The last time I bought a handgun in MO(20 years ago) you had to fill out a request to purchase/aquire form from the sheriff and await his approval. Things may have changed since then.

And if I remember correctly anytime a firearm changes ownership across state lines it has to go through an FFL.

I would check with your local District Atty. and find out for sure.

Darkside
 
Check GCA '68 on transfer of firearms by reason of death, devise, succession, etc. IIRC, there is a provision in Fed law regarding interstate transfer for that reason.

For you father to give anything to you, HE has to first have a right to possession. That should be established under the appropriate state law. Fed interstate transfer laws are probably more lenient on getting one through an estate than just a family gift.

Or pay $50-$100 for an attorney to give you the real answer, including the relevant laws in each state, and whether any federal pre-emption principles apply. If there's enough estate to probate, it's an estate expense, not one directly to you. (Yes I know, the more buck$ the estate spends the less there is for the kids...but do it right, please.)
 
Thanks to all

Thanks for everybody prayers and thoughts for my family.

We do have a lawyer for all the legal proceedings, so I guess it would be best to ask him. I have no problem having the gun transferred through an FFL and buying a permit to legally own the gun but I will find out for sure.

Thanks

Bruce
 
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That's the law. Now for what I would do. The gun is with your dad in the next state? I would drive over for a weekend visit and bring the gun home with me.
Click to expand...

Yup. Ain't nobody gonna care...And I work for a Missouri sheriff.
Sorry to hear about your bro!
 
Just go get the thing , I live in Washington state and when I visit my father in Ohio we do alot of gun swapping . I've never done any paperwork and I've been pulled over a couple of times by various state troopers . I just tell them Where I've been and where I'm going and alls well , never been harrassed about any paperwork for them .
 
Very sorry for you and your brother. Prayers to you two and your families!

Go get your gun and enjoy it.

FYI, if you don't have a Missouri CCL, I would suggest transporting it in a case/pistol rug, etc. Make sure their is no ammo for the gun in the same compartment of the car or truck. (Gun in case inside the car or cab of truck, ammo in trunk or bed) Follow the states transporting laws just to be safe.
 
FYI, if you don't have a Missouri CCL, I would suggest transporting it in a case/pistol rug, etc. Make sure their is no ammo for the gun in the same compartment of the car or truck.
Click to expand...

Actually Marshall...under the new Missouri law, the gun may be transported loaded and concealed in the car without permit while in Missouri.
The permit is for "carry" only.
 
That's the law. Now for what I would do. The gun is with your dad in the next state? I would drive over for a weekend visit and bring the gun home with me. I don't think KS or MO are bad about oppressive gun laws and nobody will ever know or care about your taking possession of your late brother's pistol. Yes, it's illegal but this sort of transfer happens all the time and the cops have better things to do than enforce stupid gun laws that interfere in what should be family business.
Click to expand...

I'm sure this is what most people do.

-Bill
 
Many thanks!!!

Thanks again everybody for your kind words, thoughts and prayers. It has been a very tough 3 weeks for my whole family but we are getting through it.

I can't wait to get to the outdoor range in Parkville and shoot a cyclinder for my brother. One of my brother's best friends came to visit last weekend and we cracking everybody up with his stories of my brother. There was even a good one about the revolver.

Thanks for everybody's replies.

Bruce
 
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