Sam1911 said:
IF a gun was listed in the will as going to a specific heir, then yes, the heir can drive to the home,...
Let me expand on that a bit.
Receiving something by bequest, or by intestate succession, involves a formal legal process.
[1] When there's a written will, the will names someone to be the executor (i. e., the personal representative of the decedent to wind up the estate).
[2] While the will may designate an executor, that person is not the executor unless and until the will is admitted to probate in the proper court and the court issues Letters Testamentary recognizing that person as executor.
[3] The executor once qualified then proceeds to account for the assets of the estate. He or she then pays debts and taxes of the decedent under court supervision.
[4] The executor then handles, again under court supervision, distribution of the assets of the estate in accordance with the terms of the written will.
If the formalities involved in the distribution of the decedent's property under a will haven't been followed, it's not clear that just being handed a gun identified in a will as going to you is acquiring a gun by bequest for the purposes of federal law (18 USC 922(a)(3) and 18 USC 922(a)(5)).
[1] Intestate succession is not some informal dividing up of the decedent's property amongst the relatives. It's a highly formalized procedure.
[2] First, someone has to go to the proper court and apply to be named the administrator (i. e., the personal representative of the decedent to wind up the estate) of the decedent's estate.
[3] Once the court has issued an order designating someone as the administrator, that person proceeds to account for the assets of the estate. He or she then uses those assets to pay any remaining debts of the decedent and any taxes due. This is all done under the supervision of the court.
[4] After the debts and taxes are paid, the administrator, under court supervision, will distribute any remaining assets to those relatives entitled under the applicable statutes to a share of the estate. Only those relatives specifically identified in the applicable statutes are entitled to a share of the decedent's property, and only in the proportion set out in the applicable statutes.
It's true that often, if there's not a lot of property involved, the relatives don't bother with the formalities and just divide everything up. That usually works out as long as no one complains. But it might not satisfy federal law if a gun is involved, and therefore using an FFL for transfer would be prudent.
Cranky CJ said:
So when one's father passes away in another state, and mom says- go ahead boys split up your dad's guns- the son(s) living in a different state(s) than dad, has to go through an FFL??? Or can you just load them in the car and take them home? According to the law.
So no, you'll probably need to do a transfer through an FFL (and one in the recipient's State of residence in the case of a handgun)>
