I have gone through the search function to look for this and what I did find, either didn't seem on-point or wasn't clear to me.
This is my situation:
If, I was able to establish residence in Arkansas prior to my father going to his assisted living apartment (at which point it seems I would, if nothing else, be constructively in possession of his guns) then he could transfer the guns to me as one Arkansas resident to another, otherwise it would have to go through an FFL. Is this correct?
And, if he were to pass away prior to my establishing Arkansas residency, even though I am the sole beneficiary of his will and his executor, the fact that the guns were not specifically mentioned in the will would still require they be transferred through an FFL?
The Tax Court said 26 U.S.C 41 was the most complex provision in the Internal Revenue Code, but I can navigate it easily; while the requirements of this provision leave me befuddled.
Thanks for any insight you can provide.
This is my situation:
- As of 1977, I became a resident of the state of Arkansas.
- In 1980, I purchased a Ruger Mini-14 rifle for myself.
- When my father saw and shot the rifle, he really wanted it (and since he was paying for me to go to college), I gave it to him.
- I subsequently left Arkansas and became a resident of Texas.
- Despite having variously established residency between Arkansas and then Texas over the years, I am currently a Texas resident.
- My father (age 93) will soon move into an assisted living apartment.
- The assisted living facility does not allow him to bring his guns with him.
- He has no problem transferring them to me (I am his only surviving heir)
If, I was able to establish residence in Arkansas prior to my father going to his assisted living apartment (at which point it seems I would, if nothing else, be constructively in possession of his guns) then he could transfer the guns to me as one Arkansas resident to another, otherwise it would have to go through an FFL. Is this correct?
And, if he were to pass away prior to my establishing Arkansas residency, even though I am the sole beneficiary of his will and his executor, the fact that the guns were not specifically mentioned in the will would still require they be transferred through an FFL?
The Tax Court said 26 U.S.C 41 was the most complex provision in the Internal Revenue Code, but I can navigate it easily; while the requirements of this provision leave me befuddled.
Thanks for any insight you can provide.