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PWC

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What if a relative, non-firearm oriented / knowledgeable, brings you a firearm given to you inherrited from another out of state relative. How would you proceed?
 
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Technically, visit an FFL in your state, with the relative from out of state, and transfer it.
 
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What if a relative, non-firearm oriented / knowledgeable, relative brings you a firearm given to you or inherrited from another out of state relative. How would you proceed?

Don’t take it.
 
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Have him or her maintain possession and go with you to an FFL in your state where it will be legally transferred to you.

You also have to determine if it's legal for them to possess it in your state.

If they are the executor of the will they sometimes have certain privileges, but don't recall how they pertain to transfers.

A discrete call to an FFL may be in order.
 
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I am not in this situation, but this could happen. Families do travel to see each other and it would be easy for aunt Bessie to inavertantly transfer great grandpa's shot gun.

I have seen most other situations addressed on this and other forums, but not this one.

Delete your post.

How? I have never deleted a post.
 
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Just edit it and say whatever you want it to say.

I wasn’t trying to be a jerk; I just really wouldn’t accept a gun illegally or want the unknowledgable person to get jammed up.

From a legal standpoint, you have to go through an FFL. I’d ask the bearer of the firearm to bring it back and then have it shipped to your FFL of choice. Or if the bearer is the legal possessor, meet at your FFL and do the transfer.

Ownership and possession aren’t always the same. I don’t know how it applies to your situation exactly.
 
https://www.law.cornell.edu/uscode/text/18/922

...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...

It appears that an FFL is not necessary in cases of bequest or inheritance. Where this could become a problem is if the person transporting the firearm was not the executor...and that's a specific question for an attorney who deals with this specific area of law.
 
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I just really wouldn’t accept a gun illegally or want the unknowledgable person to get jammed up.

What is so illegal about accepting a firearm from a family member or friend? How is this any different from a private party sale? (With the exception of a UBC mandatory state)

From a legal standpoint, you have to go through an FFL.

No. You don't. Your third cousin twice removed (I made that up) can you give a gun. As long as you are legally allowed to own said gun (you're not a prohibited person and the gun isn't an NFA type item) then there is no reason to go to an FFL. (With the exception of a UBC mandatory state)

Ownership and possession aren’t always the same.

Here we agree. If you're concerned the gun may be stolen then sure, go to an FFL, etc. While I wouldn't accept a gift of a gun from a stranger or a person I knew to be, shall I say, "dodgy," I wouldn't be concerned accepting a gun from someone I have known for years.
 
Well, a handgun transfer is different than a long gun transfer between states. The OP said "firearm" without specifics.
If it is a handgun, many laws were broken.
 
D.B.Cooper, I think the OP's concern is that the family member (in this hypothetical scenario) has brought the firearm in from out-of-state. The questions are:

1) Does a "transporter" from one state violate any Federal/State laws by bringing the gun into another state and then handing it over to a recipient who resides within that state?

2) Does the recipient violate any Federal/State laws in accepting possession of a firearm brought into his state from another without having been transferred through a FF Licensee?

Virtually all the information online about interstate transfers addresses the person asking if they can buy a gun while out of state, or that is located out of state. Very little addresses the person asking if they can deliver a gun to a recipient outside his own state, but within the recipient's (or if the recipient can accept it.)
 
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Depends on what State's we are talking about. In some states you can legally give or sell a fire arm without going through a FFL. Some states you have to make the sale or transfer through a FFL.
 
Wait until the "resident expert" chimes in to tell us the "correct" answer.:scrutiny:
 
What is so illegal about accepting a firearm from a family member or friend? How is this any different from a private party sale? (With the exception of a UBC mandatory state)

Out of state

The way I read this was that the non-gun person inherited the gun via bequest then wanted to cross state lines to give it to the pro-gun relative. IF I read that correctly, they need to go to a FFL in the pro-gun relative's state and do the transfer.

IF the progun relative was the recipient in the will, then no FFL is required.

Both are from the Federal view; different states may have other requirements.
 
What is so illegal about accepting a firearm from a family member or friend? How is this any different from a private party sale? (With the exception of a UBC mandatory state)



No. You don't. Your third cousin twice removed (I made that up) can you give a gun. As long as you are legally allowed to own said gun (you're not a prohibited person and the gun isn't an NFA type item) then there is no reason to go to an FFL. (With the exception of a UBC mandatory state)



Here we agree. If you're concerned the gun may be stolen then sure, go to an FFL, etc. While I wouldn't accept a gift of a gun from a stranger or a person I knew to be, shall I say, "dodgy," I wouldn't be concerned accepting a gun from someone I have known for years.

Interstate transfers generally need an FFL.

Inheritance can skip the FFL if the item is bequeathed, the grantor is deceased, probate has been processed.

Maybe someone who can quote the US Code can chime in, I don’t have the mental energy today.
 
Maybe someone who can quote the US Code can chime in, I don’t have the mental energy today.

I linked in Post #7, to 18 USC 922 A(3). Unless there's some other part I missed, that's the Federal Law as far as inheriting a firearm is concerned.
 
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There are several firearms I expect to inherit from family members all along the east coast in the next decade or so. There isn't a single one I would take procession of right away. Even as much as I would like to.
 
...t appears that an FFL is not necessary in cases of bequest or inheritance. Where this could become a problem is if the person transporting the firearm was not the executor...and that's a specific question for an attorney who deals with this specific area of law.

There's also the question of whether the firearm actually passes to the recipient by bequest (i. e., as a gift specifically to the recipient under a valid, written will admitted to probate, with the transfer being done with the approval and under the supervision of the probate court) or intestate succession (i. e., without a will but in accordance with the applicable laws governing intestate succession and through court supervised administration of the estate). These are formal, court supervised processes.

What is so illegal about accepting a firearm from a family member or friend? How is this any different from a private party sale? (With the exception of a UBC mandatory state)....

It's generally illegal under federal law if the transferor and transferee (whether the transfer is a gift or a sale) are residents of different States.

...1) Does a "transporter" from one state violate any Federal/State laws by bringing the gun into another state and then handing it over to a recipient who resides within that state?....
Yes. The transferor would violate 18 USC 922(a)(5).

... 2) Does the recipient violate any Federal/State laws in accepting possession of a firearm brought into his state from another without having been transferred through a FF Licensee?....
Yes. The transferee would violate 18 USC 922(a)(3).

...Very little addresses the person asking if they can deliver a gun to a recipient outside his own state, but within the recipient's (or if the recipient can accept it.)

It really doesn't make any difference. The material factor is that physical possession (dominion and control) of a firearm is being transferred to a resident of one State by a resident of another State.

Note also that state law may impose other requirements or conditions.

Depends on what State's we are talking about. In some states you can legally give or sell a fire arm without going through a FFL. Some states you have to make the sale or transfer through a FFL.

Whatever state law might be, federal law generally requires that a transfer of possession (dominion and control) or a firearm by a resident of one State to a resident of another State must go through an FFL.

Let'a take another look at the basic federal law on interstate transfers.

  • Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  • In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

  • In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

  • There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

  • The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

  • Here's what the statutes say:
    18 U.S.C. 922. Unlawful acts

    (a) It shall be unlawful—
    ...

    (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,

    (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and

    (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;​

    ...

    (5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to


    (A) 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, and

    (B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ....

    (b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
    ...

    (3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph


    (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and

    (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;​

    ...

  • Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.
 
That's the most comprehensive answer to any firearm transfer that I have seen on ANY ginboard. I am bookmarking this and all the references for any future discussions.
 
That's the most comprehensive answer to any firearm transfer that I have seen on ANY ginboard. I am bookmarking this and all the references for any future discussions.
Agreed. This has been very educational.
 
Not only is he under appreciated, he is far too often criticized.
I've seen the criticism many times and could never figure it out.
All he does is give the correct answer (to whatever) and often times he spends a lot of time to find and post the legal interpretation (see example above).
What's not to like and respect?
Frank is an invaluable asset to this site.
 
Frank, Frank..he's our man...if he can't do it...nobody can!

Sorry Frank, just couldn't resist. I really do appreciate your time and help, which opinion is obviously shared by many here.
 
...he spends a lot of time to find and post the legal interpretation...
Well, he damn well better. A serious discussion requires legal citations. Frank can't just come here on the Legal board and give his unsubstantiated blather, or Frank will grab him by the lapels and give Frank the bum's rush. And probably a good kick in Frank's rear-end to boot.
 
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