hypothetical question about family gun transfers state lines in the event of

[vontar]

Not sure the best area to post this but another thread got me thinking.

I have family, both blood and Married across state lines, mainly TN/KY with guns.

At this point there has been no guns traded and there is no current plans. But we know, time changes everything

But just wondering, but lets say you had an Uncle that lived across the state line that passed away and you where going to inherit his guns. Would you have get a FFL to bring them to you.

Lets say you where the executor of the estate and there was no question you have inherited the guns and no one disputed it. How would you use a FFL to transfer them ?

You have the power to actually drive to the place pick them up. But the concerns are what would be legal.

To me this seems like a grey area, but I am sure there is something that would have to be done.

I ask cause I can think of a few cased in my family where this may be an issue at some point in the future and i would rather have some knowledge now, then scramble latter trying to figure it out.

[Guest jmorriss]

Unfortunately, FFL.

[Oh Shoot]

Unfortunately, FFL.

18 U.S.C. § 922 : US Code - Section 922: Unlawful acts

(a) It shall be unlawful -

(1) for any person -

(A) except a licensed importer, licensed manufacturer, or

licensed dealer, to engage in the business of importing,

manufacturing, or dealing in firearms, or in the course of such

business to ship, transport, or receive any firearm in

interstate or foreign commerce; or.....

(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.

- OS

[vontar]

If I read and understood section 3 correctly, if you inhert a gun from another state and you are legal to possess such a firearm you would not be breaking the law to transport it home?

[Smith]

I believe the consensus is that it is fine as long as the person taking possession is 1. legally able to do so 2. There is not a "sale" involved. Reason being since there is no registration and that there is not a financial transaction taking place interstate commerce does not apply. This is why they made separate "death tax" laws to be able to illegally tax a non-transaction.

[vontar]

I want to add one more twist to this,

Something that I am thinking about for Christmas.

My father-in-law believe it or not is really good to me and I have been considering getting something very nice for him this year.

Been thinking about this or something similar, buying, building it as a gift.

Dixie Gun Works muzzleloading, blackpowder and rare antique gun supplies.

I need to learn a bit more about the kits at dixiegunworks before I buy from them, but I am using that as an example.

The question is,

I of course live in TN, he lives in KY, would it be legal to give to him as a gift if it is legal for him to own firearms? I know he can as he has several guns already and is considering getting KY's permit anyways. The man has never had any legal trouble.

No Money would exchange hands, as it would be a pure gift.

[Guest Jamie]

I want to add one more twist to this,

Something that I am thinking about for Christmas.

My father-in-law believe it or not is really good to me and I have been considering getting something very nice for him this year.

Been thinking about this or something similar, buying, building it as a gift.

Dixie Gun Works muzzleloading, blackpowder and rare antique gun supplies.

I need to learn a bit more about the kits at dixiegunworks before I buy from them, but I am using that as an example.

The question is,

I of course live in TN, he lives in KY, would it be legal to give to him as a gift if it is legal for him to own firearms? I know he can as he has several guns already and is considering getting KY's permit anyways. The man has never had any legal trouble.

No Money would exchange hands, as it would be a pure gift.

The laws for black powder guns is not the same as for cartridge guns. You can pretty much do as you want with the BP stuff, provided the thing isn't loaded, and there's no state or local law governing whatever it is you're wanting to do, where ever it is you're going to do it.

( I ordered my last one from a place in Va. and had it shipped here, no FFL required. )

As for the gun you linked to... get something with a steel frame. Or even buy a finished one from Cabela's.

.... unless you just want to build it yourself.

J.

[vontar]

After I linked that one, I looked it over some more. When I read some more of the reviews and discovered it was a BP and not cartridge I didn't like it as much.

Forget Blackpower guns but Guns in General as I stated before, what If got a gun and I wanted to gift it to my father-in-law? From TN to KY, pure Gift.

I am going to check that link out now as well.

*********

however, Looking at these Kits and now the link that Jamie gave me with the ready to go BP guns,

I have to ask, in the mid 1800's, where most of the old 6 shooters black power instead of cartridges?

I am probably warped from movies as I don't recall every seeing to many people loading their 6 shooters.

cabelas has some videos on loading/cleaning them as well. That answered some questions for me. I think I picked out a Gift for him

http://www.cabelas.com/cabelas/en/templates/product/standard-item.jsp?id=0072632217210a&navCount=18&podId=0072632&parentId=cat20817&masterpathid=&navAction=push&cmCat=MainCatcat20712-cat20720-cat20817&catalogCode=9IS&rid=&parentType=index&indexId=cat20817&hasJS=true

Edited July 7, 2010 by vontar

[enfield]

As I understand it. FFL transfer only.

[Guest Jamie]

After I linked that one, I looked it over some more. When I read some more of the reviews and discovered it was a BP and not cartridge I didn't like it as much.

Forget Blackpower guns but Guns in General as I stated before, what If got a gun and I wanted to gift it to my father-in-law? From TN to KY, pure Gift.

I am going to check that link out now as well.

*********

however, Looking at these Kits and now the link that Jamie gave me with the ready to go BP guns,

I have to ask, in the mid 1800's, where most of the old 6 shooters black power instead of cartridges?

I am probably warped from movies as I don't recall every seeing to many people loading their 6 shooters.

From Tn to Ky as a gift shouldn't be a problem.

As for the BP vs. cartridge thing, catridge guns likely weren't too prominent until after the 1870s. ( Colt came out with a cartridge revolver in 1871... the open top. ) And even for that, you'd likely have encountered a lot of percussion stuff, along with guns that had been converted.

And sorry, but if you see any western movie that's set before 1873, where anybody involved is carrying a peacemaker or a '73 or '92 Winchester... it's just wrong.

There's about a 20 year span in there before the turn of the century where you would have encountered mostly cartridge guns. And 10 years before that where you'd have seen a mix, but mostly percussion. Prior to that, it would have been all percussion handguns.

J.

Edited July 7, 2010 by Jamie

[Oh Shoot]

As I understand it. FFL transfer only.

Well, Federal law allows "the loan or rental of a firearm to any person for temporary use for lawful sporting purposes"

It doesn't seem to define "temporary" or "lawful sporting purposes".

- OS

[vontar]

As always, been some good information here.

I am still leaning toward getting him a one of the ones from cabelas that is premade. I might even get me one.

However for the Pepper box I want I am still going to build it from a kit. I still want it.

One day some of the guys will find me at the range at Norris with my Pepperbox, probably next spring.

If I find out I can not gift it to him across statelines between now and then, I will talk to his wife and maybe have her buy it direct. I will make sure what ever I do is legal

[mdmoseley]

.

Edited July 7, 2010 by mdmoseley

[Mike.357]

you CAN give as a gift a BP firearm across state lines.

[Guest Jamie]

As always, been some good information here.

I am still leaning toward getting him a one of the ones from cabelas that is premade. I might even get me one.

However for the Pepper box I want I am still going to build it from a kit. I still want it.

One day some of the guys will find me at the range at Norris with my Pepperbox, probably next spring.

If I find out I can not gift it to him across statelines between now and then, I will talk to his wife and maybe have her buy it direct. I will make sure what ever I do is legal

Speaking of the pepperbox... you do know that it's a percussion gun, right?

And that you'll have to be very careful when loading it, so you don't accidentally double charge a barrel? ( Which you WILL do, sooner or later. )

And also that, due to the design, it has a bad habit of firing all the barrels at once?

J.

[vontar]

Yes on the percussion gun part about using caps.

Yes, I have read about the bad habits of the peperbox. I was looking at the videos at cabelas I found from the link you gave me. There is some gun lube for Black Power guns to reduce the risk of firing multiple chambers at once. A nice modern safety to use.

As for double charge a barrel? do you mean accidentally put 2 loads in one? That would be very bad and something to certainly be careful to avoild.

The pepper box is more of a I want to built it, fire it a few times, more of a thing to have and to collect. I certainly would never want to have to depend on it.

[Guest Jamie]

Yes on the percussion gun part about using caps.

Yes, I have read about the bad habits of the peperbox. I was looking at the videos at cabelas I found from the link you gave me. There is some gun lube for Black Power guns to reduce the risk of firing multiple chambers at once. A nice modern safety to use.

As for double charge a barrel? do you mean accidentally put 2 loads in one? That would be very bad and something to certainly be careful to avoild.

The pepper box is more of a I want to built it, fire it a few times, more of a thing to have and to collect. I certainly would never want to have to depend on it.

Lube won't help much with the pepperbox. Making sure the caps fit well will.

The reason they are so apt to chain fair, or even fire all six at once, is because the caps and nipples are shrouded, except for where the notch is for the hammer to hit 'em. So when the cap fires, the flash and blast from the caps is directed around to the other 5 barrels, from 2 directions.

So, you could probably cap just one barrel, and get the rest to fire when that one goes.

And yes, double charging is loading a barrel twice... either with a charge, a ball, another charge, and another ball... or just 2 balls on top of one charge. Worse yet is 2 charges with anything on top of 'em.

J.

[vontar]

Maybe if I want to get a pepperbox and shoot it as safely as possible might should only load one barrel at a time then. More time consuming but certainly safer.

All the kidding, joking aside about it. I would never intend to carry it. If I do build it, I would like to fire it to know it works and it would probably be a case gun and something to show to family and friends.

However if one did load more then one barrel, dam sure better keep it pointed down range just in case of chain firing.