Question about inheriting guns across state lines

[Bassoneer]

I know about FFL's and that if I want a gun from another state (Say Bud's Gun Shop in KY) that it all goes through proper channels with FFL's. I know that in Tennessee, as long as the buyer appears to meet the right qualifications (of age, not a criminal, preferably has a carry permit...) that you can sell a gun without FFL's. But what if I had a relative in another state who died...and their spouse called me and said "hey, your great grandfather wanted you to have his collection of old Registered Magnums"...how is that handled? Do I just go get them? Do I have to somehow get an FFL involved? Thanks, B

Edited March 31, 2012 by Bassoneer

[redfsr]

When you say "old registered magnums" do you mean NFA or are they just regular firearms? If they are NFA then yes you have to do the transfer through an FFL. If they are not NFA then you don't.

[1gewehr]

When you say "old registered magnums" do you mean NFA or are they just regular firearms? If they are NFA then yes you have to do the transfer through an FFL. If they are not NFA then you don't.

"Registered Magnum" refers to the first S&W .357 Magnum revolvers. Very high-dollar collectable pistols!! Made 1935-1939, pretty much a special order pistol at the time.

As far as involving a dealer, I do not recall seeing anything that allows an interstate transfer of firearms without having a dealer involved in the receiving state. A 4473 would be required, and a TICS check. Obviously, such a transfer to a 'prohibited person' (juvenile, felon, etc) would be prohibited. I looked in the regs and could find no exemptions for estates except a waiver of the NFA transfer tax. (NFA= machineguns, suppressors, cannon, etc)

[JRWnTN]

Assuming "registered magunum" means one of most sought after S&W revolvers ever made, there is an exception to federal law that may help you: 18 USC 922(a)(3):

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

Edited March 31, 2012 by JRWnTN

[Guest Grubbah]

I'm not a lawyer, and most gun laws seem to be written trying to confuse people. With that disclaimer out of the way, I actually looked into this some time ago when a question came up with a friend of mine.

From what I could find in my searching it depends on whether or not the guns were included in the will or not.

If the guns were not gifted to you in the will, you will have to go through an FFL.

If the guns were gifted to you in the will (or through a probate process) *AND* you are not prohibited from owning the guns in any way, no FFL is required. The executor of the will can ship them directly to you.

That is the best conclusion I could come to based on a few hours worth of searching. If in doubt, going through an FFL really isnt too expensive to ensure you keep your non-felon status.

[Mike.357]

if a relative intended for me to have a firearm after their passing I would just bring the gun home and not worry about it.

it is not like I am going to use it for nefarious reasons, and not like it is being sought for having been used in a crime.

don't over think it.

[Oh Shoot]

You don't need a will according to federal law

I'm not a lawyer, and most gun laws seem to be written trying to confuse people. With that disclaimer out of the way, I actually looked into this some time ago when a question came up with a friend of mine.

From what I could find in my searching it depends on whether or not the guns were included in the will or not.

If the guns were not gifted to you in the will, you will have to go through an FFL.

If the guns were gifted to you in the will (or through a probate process) *AND* you are not prohibited from owning the guns in any way, no FFL is required. The executor of the will can ship them directly to you.

That is the best conclusion I could come to based on a few hours worth of searching. If in doubt, going through an FFL really isnt too expensive to ensure you keep your non-felon status.

Federal law verbiage does not specify "will" or "probate".

To echo JRW...

[the law regarding interstate FFL ownership transfer] "shall

not apply to ... the transfer, transportation, or delivery of a

firearm made to carry out a bequest of a firearm to, or an

acquisition by intestate succession of a firearm by, a person who

is permitted to acquire or possess a firearm under the laws of

the State of his residence..."

Read it yourself: http://codes.lp.find...ode/18/I/44/922

As long as you don't need them shipped, which is generally a can of worms between non licensed individuals even intrastate, I'd just go get them. If you're really concerned about it, y'all could do a little signed written statement listing guns/serials and have it notarized, but meh, lawyers aren't necessary for every damn little thing in life.

- OS

Edited March 31, 2012 by OhShoot

[Bassoneer]

Thanks for all the replies...I have been wondering for a while, and if/when this happens I'll be ready.

Thanks again, B

PS, the Registered Magnums thing was probably a bad example. I don't even know anybody who has one of those...I was trying to say something like "suppose somebody died and left me a mansion, two luxury vehicles, a large boat and..." that sort of thing, except with guns. To me, a Registered Magnum is pretty rare and valuable.

[dralarms]

I checked when my dad passed in 2010. Inheritance is the only exception to the ffl law. I'll hunt up the info if you like. Print it out and carry it with you to pick them up.

[Fourtyfive]

I would assume (dangerous word) if you are not purchasing them it is fine , provided non are class III or otherwise registered.

[Guest TackleberryTom]

One of mine actually is a S&W registered magnum. I just drove up there and brought all the guns home. Done deal.

[midtennchip]

You don't need a will according to federal law

Federal law verbiage does not specify "will" or "probate".

To echo JRW...

[the law regarding interstate FFL ownership transfer] "shall

not apply to ... the transfer, transportation, or delivery of a

firearm made to carry out a bequest of a firearm to, or an

acquisition by intestate succession of a firearm by, a person who

is permitted to acquire or possess a firearm under the laws of

the State of his residence..."

Read it yourself: http://codes.lp.find...ode/18/I/44/922

As long as you don't need them shipped, which is generally a can of worms between non licensed individuals even intrastate, I'd just go get them. If you're really concerned about it, y'all could do a little signed written statement listing guns/serials and have it notarized, but meh, lawyers aren't necessary for every damn little thing in life.

- OS

To be technical, a "bequest" means that a will designated who was to receive the firearm and "intestate" does mean the probate process. That federal exception does not cover a transfer that was not specified in a will or was a transfer to an heir under the laws of intestate succession. So, for example, if grandpa's will left everything to grandma and she says "he wanted you to have it," that does not fit the federal exception.

But, I agree, you don't need a lawyer for everything.

Edited April 4, 2012 by midtennchip

[dlm37015]

if a relative intended for me to have a firearm after their passing I would just bring the gun home and not worry about it.

it is not like I am going to use it for nefarious reasons, and not like it is being sought for having been used in a crime.

don't over think it.

thats what i am saying