Firearms Inheritance Help, Please

B

b00

New member
Hello
My grandfather has decided that he is old enough and no longer can properly care for his arms. He wants me to take care of them now. The problem is that he is 1500 miles away. Is there any way he can ship them to me? If so what shipping place is best to use? Any particular legal matters I should be aware of. I do not want to get in trouble. Any help would be greatly appretiated.
 
Long guns or handguns? What State are you in? How old are you? Any of the guns antiques? (pre-1899) What State is he in?
 
transfers

They will have to go to a FFL dealer. A private party can ship to another one sorry. UPS, The post office, Federal exp. all will ship guns. You will just have to go thru the backround checks just as if you where buying them for the first time.
 
If there's enough to make it prohibitive in cost to ship - make a road trip. Fly out, rent a van and drive back. I'm talking 30+ items there.

If its face to face, can he just give the items to him? What happens when you inherit firearms? Do they expect you to go through background check for them? Not being flippant, just curious.
 
Firearms inherited via a bequeathment in a will are specifically handled in the regulations, and yes, you don’t need the involvement of a FFL. All other firearms that are transferred across a State line need to go through a FFLs book.
The first thing you need to do is find a FFL in your area that will accept firearms shipments from a private party. (Some won’t. It’s their choice.)
Then your grandfather can ship the long guns via USPS and the handguns via UPS/FedEx.
If you can’t find a FFL that will accept from a private party, your grandfather will need to find a FFL on his end to ship through to your FFL.
One advantage of this is that if both FFLs have the proper form filed with the Post Office, the handguns can also be sent USPS ( A lot cheaper).
The other solution has already been suggested. Just drive on over and pick them up. This isn’t legal but very inexpensive. Unless you get caught.:(
 
b00, I'll state an opinion and you do with it as you want. I would not even consider having them shipped. If I were your grandfather, I would not consider shipping them either. If he thinks enough of you to leave his guns to you, you should think enough of him to go and get them. I can't even imagine the storys that will come out about each and every one of them. And these stories are personal and should be important to you as it is part of your heritage. I think you need to go get them and plan on spending a little time with the man and a video camera would be one of the best things you'll ever have done for yourself and your children. When the old folks are gone- they're gone, and any questions you may have will go unanswered. Trust me, you'll be glad you did it.
 
Where at in Pennsylvania, Boo?

I'd be more than happy to babysit them for you (and use them so they don't get lonely) until you can get east to pick them up... :)

Really, though, this sounds like a good reason to take a road trip east to visit Grandpa and claim your legacy.

I've started bringing my late Father's firearms back from Pennsylvania (I'm now living in Virginia).
 
Road Trip!

I feel for you in this situation. We brought some guns back from Mille Lacs, MN, a couple years ago by flying out thataway from NJ, renting and driving back. It was well worth the trip! I advise the fly-drive route because you can then safely and legally transport the arms, have a nice drive and stop off when you'd like.

We're going to a family centennial on my wife's side in October, in Brainerd, but, alas, the fly-drive again. Go see your grand-dad, hear those stories and head back!
 
you can then safely and legally(?) transport the arms,
Click to expand...

I don't think the Federal Regs (Title 27 CFR Chapter II, Part 478) quite agree with this statement. And for 478.29(a) and 478.30(a) to kick in, Grandpa has to be dead and have bequeathed the firearms in his will.

§ 478.29 Out-of-State acquisition of
firearms by nonlicensees.
No person, other than a licensed importer,
licensed manufacturer, licensed
dealer, or licensed collector, shall transport
into or receive in the State where the
person resides (or if a corporation or other
business entity, where it maintains a place
of business) any firearm purchased or
otherwise obtained by such person outside
that State: Provided, That the provisions
of this section:
(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 rifle or shotgun obtained
from a licensed manufacturer, licensed
importer, licensed dealer, or licensed collector
in a State other than the transferee's
State of residence in an over-the-counter
transaction at the licensee's premises
obtained in conformity with the provisions
of § 478.96(c) and
(c) Shall not apply to the transportation
or receipt of a firearm obtained in conformity
with the provisions of §§ 478.30 and
478.97.
§ 478.29a Acquisition of firearms by
nonresidents.
No person, other than a licensed importer,
licensed manufacturer, licensed
dealer, or licensed collector, who does not
reside in any State shall receive any firearms
unless such receipt is for lawful
sporting purposes.
§ 478.30 Out-of-State disposition of
firearms by nonlicensees.
No nonlicensee shall transfer, sell,
trade, give, transport, or deliver any firearm
to any other nonlicensee, 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: Provided, That the provisions of
this section:
(a) shall not apply to the transfer,
transportation, or delivery of a firearm
made to carry out a bequest of a firearm
to, or any 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) shall not apply to the loan or rental
of a firearm to any person for temporary
use for lawful sporting purposes.
Click to expand...
 
"this sounds like a good reason to take a road trip east to visit Grandpa and claim your legacy."

And commit a federal felony when you drive the guns home. Not smart. With the price of gas it could be cheaper to ship them if you get a package price from a friendly dealer.


"Shall not preclude any person who
lawfully acquires a firearm by bequest or
intestate succession"

This has nothing to do with acquiring firearms from the living.

A "bequest" means you're named in the will and the will is in probate after the death of the person.

"Intestate succession" means the person died without a will and state probate law results in you getting a share, or all, of the deceased's estate.

John
 
under federal law a nonlicensed person may buy from a licensee in any state if the state law allows it. If Pennsylvania law allows it and you can find a local dealer who would do the transfer for you then you could do a road trip transfer the firearms from a FFL Holder and be on your merry way.
 
Eghad,

See my post above.. If it's across a State line, it has to go through a FFL. (other than the aforementioned bequeathments or intestate succession)
IMHO this is pretty stupid for "family" guns, but it is the law as written.

I would neither recommend nor discourage someone from just going and picking them up but it is solely up to the individual doing it. They need to be aware of the risks involved and if they decide to do it and, somehow, get caught, the "Billy-Bob on the Internet said it was OK" defense ain't going to cut it with a federal judge.;)
 
See my post above.. If it's across a State line, it has to go through a FFL.
Click to expand...

I did

thats what I said

If a PA FFL dealer transfers them from the grandfather to the grandson for a transfer fee and does the required background checks and fills out the appropriate forms the firearms have been processed through a licensed person. The grandson is now the owner and has received the firearms from a licensed person. Since he is the owner he can now carry them back to his state of residence as federal law allows a non licensee to purchase from a FFL holder in any state in accordance with state laws.
 
Unfortunately, this solution (PA FFL and drive them home) is fine for long guns, but won't work with handguns. They have to go through the books of a MN FFL. See 478.29(b)
 
Guns

You can only do a FTF if both parties are from the same state. Being that your not you have to do the FFL thing to be legal. Sorry but thems the facts. As an FFL I am pretty sure I'm right on this but do what you want.
 
Here's a possible solution--it will save you a TON of money.

1. Go forthwith to grandpa's. But, before you do, contact your local FFL. Get a copy of their license.
2. Take the guns to a local dealer/FFL at Grandpa's. There, pay him the transfer fee to log them INTO his books--and OUT to the other FFL.
3. Now, YOU transport them to the FFL in your home state/town. Make sure they're sealed and packed well.
4. The local FFL logs them into HIS books, and OUT to you.

I don't believe that there is a law that says that YOU cannot act as the carrier. And, if you don't feel comfortable doing it, then take a friend along. Have him or her take constructive possession of the firearms, and transport them to the home town FFL.
 
I agree we should try to follow the laws as much as we can.

I'm 45 and I've never even had a traffic ticket. So I'm hardly some crazy law-breaking type.

But some laws and their applications are so "out there" that they deserve to be ignored. The guns belong to your grandfather. Your blood relative. There is nothing illegal about the guns in your home state. Drive a car down to pay a visit to the old guy and then bring the guns home in your car. Store them cased and unloaded in the car. In the trunk if possible. Don't drive 30 mph over the speed limit on the way home but don't stress about it.

I'm 100% sure that's what I would do but everybody has a different comfort level.

Gregg
 
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