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...Regarding Inherited Firearms

Discussion in 'Legal' started by CAPTAIN MIKE, Mar 17, 2006.

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  1. CAPTAIN MIKE

    CAPTAIN MIKE Member

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    Does anyone here have any experience or know on how to legally effect the transfer of ownership between a deceased in one state and an heir in another state to whom the deceased left his or her firearm?
     
  2. SIOP

    SIOP Member

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    A bequest is one of the very few instances where a firearm can be sent interstate without having to use an FFL. Go to ATF's web site, it should be covered under one of the FAQ's.
     
  3. Hkmp5sd

    Hkmp5sd Member

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    Federal law lets you do it any way you want. The controlling factor is the laws of the two states involved.

    If there is no registration in the states and the states allow sales between private persons, the guns can simply be handed over. They can be shipped to the person inheriting them, he can go get them or someone else can deliver them to him.
     
  4. wdlsguy

    wdlsguy Member

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    TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
    PART I - CRIMES
    CHAPTER 44 - FIREARMS
    Sec. 922. Unlawful acts

    (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. AJ Dual

    AJ Dual member

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    Yep.

    Inheritance is not interstate "commerce". So other than the NFA (which technicaly is a "tax", not a restriction yeah, right...), or being a prohibited person, the 1968 GCA does not apply. Take posession, and take them home...

    When my grandfather passed away in 2003 in Nevada, I just shipped them home to myself UPS. Handguns in one box, next-day-air, and the rifles went ground.

    He had them hidden in some very interesting places. :)
     
  6. NateG

    NateG Member

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    The answer above mentioned taking posession of the guns in one state and then bringing them home. Is there a legal way to ship them --possibly including handguns, if that changes things --from Wisconsin to Virginia without actually having been to Wisconsin to take posession of them? In other words, could my great uncle-in-law's estate/executor ship them to me in Virginia? (Ship the long guns and handguns, or just long guns?)

    Thanks,
    NateG
     
  7. rscalzo

    rscalzo Member

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    Inheritence

    One point made earlier is incorrect. I have dealt with the transfer of firearms to the benificiary of a family members estate that included handguns in NJ. I dealt with the NJ State Police Firearms Section and found that no handgun purchase permits were required for the transfer. At best a Voluntary Registration could be made but it wasn't necessary.

    Be aware that this transfer was not interstate..:)
     
  8. NateG

    NateG Member

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    looks like I found the answer

    From the ATF.

    So, unless there are state laws that come into play, it looks like the executor could ship guns to me directly. Or am I missing something?
     
  9. EOD Guy

    EOD Guy Member

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    You are correct. The can be shipped directly to you. The trick is getting a carrier to accept a shipment from the estate to an unlicensed individual. Since they would be shipped to an unlicensed individual, the law requires that the carrier be notified that firearms are being shipped. I would suggest that the executor of the estate download the appropriate sections of 27CFR in case there is any question about the legality of the shipment.
     
  10. gezzer

    gezzer Member

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    If it is an NFA weapon it transfers to the heir tax free on a F5 and then can be shipped direct from the executor to the heir.
     
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