Inherited guns transfer and transport from NY

[Sternen72]

Good evening everyone!  Long time lurker and seldom poster (albeit under the username Sternen before the board reformat in May.  I just never figured out how to access my account, and unfortunately I need quick replies so I just re-registered.)

I hope this is the right place to post this question, if not I will gladly re-post in the right section.  I did a search for the answer to my quandary, but was not able to find an answer.

My father passed away on Thursday morning and I am up in NY for the services and to sort out his personal affairs with my two brothers.  While going through his personal belongings today we discovered that he had a .22 rifle and a 5 shot 38 revolver, neither of which is of any great value aside from the sentimental value due to the fact that they belonged to my father.  My younger brother lives in NJ where the gun laws are as draconian as they come.  My older brother lives in Brazil and there is no way he would ever be able to take them.  I live in Collierville, TN and am a licensed handgun permit carrier.  (No, I did not bring any firearms with me, as I know NY is not a reciprocal state with TN.)

I am trying to ascertain the "proper" procedure for taking ownership of the guns and transporting them to TN.  I looked up the laws for NY and it would appear I can transport them through the state unloaded and inaccessible.  No big deal, as when I leave from home in a day or two I shouldn't have to stop until at least Ohio for gas.  The other states I will be going through (OH, KY, and PA) are all reciprocity states so I don't expect they would have any issues there.

When I get to TN, am I required to contact an FFL or anything like that?  I imagine that once I hit the state line if I get stopped and asked I could always just say, "Yes, I own these guns".  However, I am the type of guy that like to try to do things the right way at all times whenever possible.

I guess the other option would be to send the guns to an FFL in the Memphis area and pay the transfer fees.

I am not sure exactly how I should handle this.  Thank you in advance for any advice you can give!

 

 

 

 

 

 

 

[Oh Shoot]

Interstate inheritance is exception in private transfers between individuals of two different states, as long as the guns are legal in the state they are being received in (and of course anything here in TN is)  and can be via intestate inheritance (meaning it doesn't have to be in a legal document, will or otherwise).

Just haul them on down here, and that's that. No federal or state involvement. 

Transport according to "safe passage" provision of FOPA to be complaint through the commie states:

"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."
 

- OS

Edited September 19, 2016 by Oh Shoot

[bubbadavis]

What OhShoot said...

When I inherited a couple of firearms from my grandpa (he lived in KY), I just put them in my truck when driving back.

[OH UNCLE PAUL]

To even touch a handgun in NY without having a license is against the law in NY.

Having said that at the very least I would put in a locked box and stay quiet until the TN line.

 

[Oh Shoot]

20 minutes ago, OH UNCLE PAUL said:

To even touch a handgun in NY without having a license is against the law in NY.

Having said that at the very least I would put in a locked box and stay quiet until the TN line.

 

Yeah, forgot about that -- the federal inheritance part is rock solid, but the federal part regarding "safe passage" says possession is supposed to be legal from where you start transport too, so you do probably have to fudge a wee bit to get the handgun past the NY state line. Hide it well, and only admit to the rifle if push comes to shove.

Sort of like it's perfectly legal to ship handguns between unlicensed individuals inside same state via federal law, but none of the carriers will do it unless you lie to them and also break federal law by not informing them either!

- OS

Edited September 19, 2016 by Oh Shoot

[Sternen72]

Thank you for the quick replies!!

The locked container may be an issue, but I should able to rustle something up. I am fairly certain I can make it to the state line with out getting myself into any trouble. I will not be taking any ammunition back with me, so I am safe on that front.

If I am able to get a lock on the fairly inexpensive rifle bag the rifle is in, and put the small 38 in that bag as well, would that count as a "locked container"?

Thank you, again!!

 

[Oh Shoot]

16 minutes ago, Sternen72 said:

Thank you for the quick replies!!

The locked container may be an issue, but I should able to rustle something up. I am fairly certain I can make it to the state line with out getting myself into any trouble. I will not be taking any ammunition back with me, so I am safe on that front.

If I am able to get a lock on the fairly inexpensive rifle bag the rifle is in, and put the small 38 in that bag as well, would that count as a "locked container"?

Thank you, again!!

 

Did you not understand the statute? Locking something is only necessary if you need to separate guns and ammo and have no trunk or truck tool box or something. If no ammo, no probs with that.

Oh, remember to keep mum regarding the handgun through Jersey and MD too. Because technically I guess you didn't start your journey with an exactly totally legal possession of that according to NY frigging SAFE Act I guess it is?  Take a deep refreshing breath once you hit either Virginia.

- OS

Edited September 19, 2016 by Oh Shoot

[Sternen72]

I didn't read t that way, but thank you for the clarification. :-)

Also, when I hit the road I will be driving away from NJ and MD and wont be coming anywhere near either of them.  ;-)

 

Edited September 19, 2016 by Sternen72

[Oh Shoot]

12 minutes ago, Sternen72 said:

I didn't read t that way, but thank you for the clarification. :-)

Also, when I hit the road I will be driving away from NJ and MD and wont be coming anywhere near either of them.  ;-)

 

Always good not to have to spend any time or mony there period IMNSHO. Safe travels, and I should have mentioned right off,  condolences regarding your Dad.

- OS

Edited September 19, 2016 by Oh Shoot