Inheriting Old Rifles - What do I need to do to legally possess them

[Overseas Living]

Greetings all. New to the forum. I am inheriting several long guns and a few handguns and I'm not sure what I need to do to legally possess them. The firearms are listed in a trust, my wife's sister is the executor and has asked me what is necessary to legally take ownership of them. I will be responsible for selling them at some point so that is not the issue now. 

What is necessary in the state of TN to bring the firearms here (from MN) and legally possess them so they can be sold at a later date. He has had them for many years, most are old - pre 1960. Is there a registration process, or is that only for handguns?  I am a longtime gun owner but I purchased my handguns several years ago. My question is centered around legally possessing firearms that were in a trust.

The firearms: a pre 1963 Winchester model 70 Super Grade chambered in .270; a Winchester model 61 .22; Winchester model 94 Saddle Ring Carbine in .32WS; Marlin model 60 .22; Henry model H00IV chambered in .17 HMR; a Ruger model GA34 stainless chambered in .357; and a Colt 125th Anniversary Single Action Army .45. 

Thanks in advance,

 

[scatman]

Best advice I can give is to call a local FFL that does transfers in this state, and the one local to the trust, to gain better information. The laws may be a little different between here and there, which could cause some confusion and headache.

Edited November 16, 2022 by scatman

[Gnarlytoes]

First, there is no registration requirement for firearms in TN.

The executor may legally transfer any non NFA firearms to the named beneficiary without going through an ffl, as long as all state laws for both states are followed. In TN there is no state law requiring transfer through an ffl. As long as there is no state law in MN requiring it, you can just drive up and bring them back or ship them home to yourself.

The fact that they are currently in a trust may or may not complicate matters. It may be best to consult an attorney concerning disposal of trust assets.

ETA: Are you inheriting them or just taking possession in order to sell them? Because the latter would pretty much negate my above response.

ETA 2:  Are you and/or your wife a trustee or named beneficiary of the trust which owns the guns? If so, which?

Edited November 16, 2022 by Gnarlytoes

[jpx2rk]

The executor of the will/trust should consult the attorney representing her as executor to see what documents should be executed to legally transfer the firearms.  If your sole intent is to sell them upon receipt, it may be easier to sell them in the state of domicile (MN) as part of settling the estate.  She has a fiduciary duty to do everything in a legal manner, not the beneficiary.

[Overseas Living]

@Gnarlytoes - my sister-in-law is the executor, she's in Chicago and not interested in firearms so has asked me to sell them for the estate. It seems straight forward. I'll pick them up next time I'm in MN (we own a cabin there) or bring them back to TN. In either case,  I'll sell them via gunbroker or at a local consignment shop. If she takes them to Chicago, she'll run into Illinois gun laws that will require her to acquire a firearm ownership ID within 60 days. Seems that as long as there is a paper trail showing a sale, the estate will be made right. Heck, I may keep them. Its a nice lot of firearms.

[Choatecav]

Damn, you're caught between the liberals in Chicago and Minnesota.  Tough spot to be in.

Personally, I'd just keep them and keep quiet.  Hang onto the estate papers and just go on with life.

[KahrMan]

Once you bring them back here you could sell them here on the forum pretty easily.  There are some nice guns in that collection.

[Snaveba]

What Kahrman said

[scatman]

18 minutes ago, Snaveba said:

What Kahrman said

We're all waiting for the Colt and Ruger, wouldnt be surprised if he already has 100+ PMs about them.

[Gunner2k]

Also, alot of really great people to deal with on here.

[KahrMan]

2 hours ago, scatman said:

We're all waiting for the Colt and Ruger, wouldnt be surprised if he already has 100+ PMs about them.

I am interested in the Winchester Super Grade. 

[Overseas Living]

Thanks everyone. Once I have them in-hand I'll post them on the sales page. I'm in Brentwood so if anyone is in the Nashville area, I'd be interested in showing them in person.

My father-in-law was meticulous, all have been regularly cleaned and lubed. All were professionally appraised in 2002. None have been fired since then other than the .22. More to come.

[LSMurphy]

I'll offer this suggestion, take it for what it's worth. 

You inherited family firearms, the inherited guns belong to you once you take possession. 

"I inherited this gun, this gun belongs to me."

That is the only language I would ever use.

 

Take possession of YOUR inheritance, you own it. What you do with what you OWN is your business. 

[monkeylizard]

Except that OP has already said he's selling them on behalf of the estate. What goes in the ether stays in the ether.

[scatman]

27 minutes ago, monkeylizard said:

Except that OP has already said he's selling them on behalf of the estate. What goes in the ether stays in the ether.

Found the Agent. Just kidding. You do have a point, automatic paper trail already started with this post.

[dylpykl]

Anything lever action? 

[Snaveba]

What @dylpykl said. I have a new obsession 

[gregintenn]

13 hours ago, dylpykl said:

Anything lever action? 

Pretty sure the 94 Winchester he listed has a lever.

[Mason]

Don’t sell them. You inherited a few items that were likely priceless to your father and odds are that they will also be priceless to your children, grandchildren, nephews etc. They aren’t eating anything and don’t cost you anything to store them.

Unless you really need the money just sit on them and know you have items of historical family value to one day share with other firearm enthusiasts in your family or circle of friends. 
 

in honor of your dad take them out and shoot then clean them occasionally. Many folks sell off items like these and have serious regrets in the future. Go pick them up (or you can legally ship them to yourself if your the owner) and enjoy them. 
 

[Choatecav]

8 hours ago, Mason said:

Don’t sell them. You inherited a few items that were likely priceless to your father and odds are that they will also be priceless to your children, grandchildren, nephews etc. They aren’t eating anything and don’t cost you anything to store them.

Unless you really need the money just sit on them and know you have items of historical family value to one day share with other firearm enthusiasts in your family or circle of friends. 
 

in honor of your dad take them out and shoot then clean them occasionally. Many folks sell off items like these and have serious regrets in the future. Go pick them up (or you can legally ship them to yourself if your the owner) and enjoy them. 
 

Great comment!!!!!!

[Overseas Living]

[Riflehunter]

First, get on ATF’s website and search bequeathed transfers.  They should give u straight info.

[pop pop]

You need to check carrying them across state lines. I gave my grandson some long guns, revolvers, and pistols. I live in TN, and he in S Carolina. I was told I had to give them to his dad (age) and they had to go through a FFL transfer. That is what I did. 

Edited to add; cost him 50 bucks per gun. What FFL charged 40 + 10 background fee. 

Edited Sunday at 09:56 PM by pop pop

[monkeylizard]

@pop pop that only applies if both are living. The OP is asking about inheritance after the owner has died. There is zero need to do a transfer at an FFL of any kind on any firearm across state lines for an inheritance except for NFA regulated items (e.g. machine guns, suppressors, short barreled rifles/shotguns, destructive devices, etc.). Those do need to transfer on a Form 5 (no tax required).

That's the straight dope from the alphabet folks.

"Normal" stuff: https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
NFA stuff: https://www.atf.gov/firearms/docs/transfers-national-firearms-act-firearms-decedents-estates/download

[pop pop]

Thanks for the clarification, Monkey.