traveling to New Mexico

[NavyLCDR]

§ 46.07. INTERSTATE PURCHASE. A resident of this state
may, if not otherwise precluded by law, purchase firearms,
ammunition, reloading components, or firearm accessories in
contiguous states.

Can you show me a Texas statute that PROHIBITS buying ammunition, reloading components, or firearm accessories from other than contiguous states? If a statute does not PROHIBIT an action, then that action is a legal action. For instance, it is perfectly legal for a Texas resident to buy ammunition in Washington state and bring it back with them to Texas or have it shipped to Texas, if there is no statute that PROHIBITS it.

 

[TexasRifleman]

Let me find some TSRA crap I have around here on all that.

I ran into this once trying to buy a rifle in Pennsylvania.

Give me a bit to see if I can find what their law folks told me.

It may be completely wrong but I was told it was not legal.

ETA: I guess it doesn't apply here. The email I have from TSRA says I couldn't buy a rifle from an FFL in Pennsylvania, it doesn't say anything about private transfers.

Sorry for taking things down that path.

ETA some more: From an ATF FAQ on transfers: So I guess the Texas statue would allow me to buy from a dealer in a contiguous state but nowhere else which I suppose is why the Texas statute references 922b3. So in my case of Pennsylvania I was not allowed since it was a non contiguous state.

(F2) May a licensed dealer sell a firearm to a non-licensee who is a resident of another State?

Generally, a firearm may not lawfully be sold by a licensed dealer to a non-licensee who resides in a State other than the State in which the seller’s licensed premises is located. However, the sale may be made if the firearm is shipped to a licensed dealer whose business is in the purchaser’s State of residence and the purchaser takes delivery of the firearm from the dealer in his or her State of residence. In addition, a licensee may sell a rifle or shotgun to a person who is not a resident of the State where the licensee’s business premises is located in an over-the-counter transaction, provided the transaction complies with State law in the State where the licensee is located and in the State where the purchaser resides.

[18 U.S.C. 922(b)(3)]

I know none of this really pertains to the OP but I hate threads that I find in the search bar that lead to dead ends

 

[bigjohnson]

I don't mean to sink your ship, here, Texas Rifleman, but no "proof" of the bequest is required. Look at the federal statute, and you will see that "...any person who lawfully acquires a firearm by bequest or intestate succession in a state other than his state of residence..." is exempt from the law regarding interstate transfers.

What this means is that no will is required. "Intestate" means no will.

 

[TexasRifleman]

What this means is that no will is required. "Intestate" means no will.

What it will also mean is that there will be a court appointed, or elected by the heirs, administrator for the estate, and that administrator will be responsible for distributing the assets of the estate.

And, since he will be responsible to the state for doing it, many require a bond, there will be a paper trail of any disbursements from the estate.

If you're going to do a firearms transfer under rule this you'd be nuts not to have documentation.

 

[bigjohnson]

In most states the executor has to file a report with a local court or other authority, and account for property of the estate, but no paperwork needs to be given to the heir. When my grandfather died in 1975, I was given his Colt 1911 by the executor of his estate (my grandmother). She made a note of it in her report to the Commissioner of Accounts (we don't have a probate court in Virginia), but all I got was the gun (and was happy to get it).

 

[gunlover_06]

§ 178.38 Transportation of firearms.
Notwithstanding any other provision of any law or any rule or regulation of a State or any political
subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping,
or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where
such person may lawfully possess and carry such firearm to any other place where such person may lawfully
possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the
firearm nor any ammunition being transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a
compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.


Does this apply in my case, if i am reading it right I'm sure it does

 

[NavyLCDR]

Yes. It is commonly called FOPA. However, I am not sure where you got your version from, because I notice it says 178.38 at the front. Maybe you have the CFR (code of federal regulations version), I am not sure. This law is why we said it's no problem with your transporting the firearms. Notice what it says about ammo, if you are going to have any: it has to be controlled in exactly the same way as the firearm. Many people will tell you the firearm has to be separated from the ammo, IE carry the gun in the trunk and the ammo in the glovebox, or something like that, but that is illegal. The ammo must be controlled just like the firearm, and may even be in the same container as the firearm.

The most up to date version is 18 USC (United States Code) 926a:
TITLE 18--CRIMES AND CRIMINAL PROCEDURE

PART I--CRIMES

CHAPTER 44--FIREARMS

Sec. 926A. Interstate transportation of firearms

Notwithstanding any other provision of any law or any rule or
regulation of a State or any political subdivision thereof, any person
who is not otherwise prohibited by this chapter from transporting,
shipping, or receiving a firearm shall be entitled to transport a
firearm for any lawful purpose from any place where he may lawfully
possess and carry such firearm to any other place where he may lawfully
possess and carry such firearm if, during such transportation the
firearm is unloaded, and neither the firearm nor any ammunition being
transported is readily accessible or is directly accessible from the
passenger compartment of such transporting vehicle: Provided, That in
the case of a vehicle without a compartment separate from the driver's
compartment the firearm or ammunition shall be contained in a locked
container other than the glove compartment or console.

 

[TexasRifleman]

She made a note of it in her report to the Commissioner of Accounts (we don't have a probate court in Virginia), but all I got was the gun (and was happy to get it).

I understand but the point is that there was a paper trail of some kind if you'd ever been questioned on it.

You were not and I suspect most never are but the OP was asking about the off chance that it did come up since he's traveling several states.

Now again, there's pretty much a zero chance that there will ever be any questions about this so it's more an academic discussion than anything.

He's going to put these firearms in the trunk, drive the speed limit, and go home and that will be the end of it

 

[NavyLCDR]

I understand but the point is that there was a paper trail of some kind if you'd ever been questioned on it.

A person buys a gun FTF in a private transaction in most states, no paperwork at all is required. There are plenty of guns out there that are legally owned with no paperwork at all specifying how those guns came into the legal possession of their owners. It is not up to an individual (in about 48 of our states) to prove that they legally acquired their firearms, it is up to the prosecuter to prove that the firearms are illegally acquired, and that is pretty darn hard to do considering the multiple ways a person can legally acquire a firearm with no paperwork involved at all, including by bequest.

 

[TexasRifleman]

Sure, that's why I say this is mostly an academic discussion.

Where it might come up is some kind of conflict between the heirs of an estate, something like that.

 

[NavyLCDR]

Where it might come up is some kind of conflict between the heirs of an estate, something like that.

Oooh.... that's true, I hadn't thought about that one. It's a shame you've got to protect yourself against your own family these days. Good point!

 

[Aguila Blanca]

Not changing my story i am inheriting these guns but like i have said all but one are C&R eligible, So my question is am i able to bring them back or transport them with my C&R license.

What you are doing is confusing ownership with transportation. Your having a C&R means that you are, for certain classes of firearms, an FFL and that those types of firearms can be sent directly to you without having to be run through the bound book of a regular FFL in your state.

Your C&R FFL does not convey to you any special rights or privileges regarding the interstate (or intrastate, for that matter) transportation of firearms. If you transport in accordance with the FOPA, assuming that your possession of the firearms is legal both where the journey begins and where the journey ends, then you are legal to transport. NOT because you have a C&R FFL, but because the FOPA says you can transport firearms interstate.

 

[wdlsguy]

If the guns were in his will and bequeathed to you it is not necessary to go through a FFL. Otherwise it will be necessary. That includes the rifle.

+1. Did he explicitly leave his firearms to you in his will? Or did he leave everything to his wife (your aunt), who is giving you the firearms she inherited from her husband?