Inhereted guns/Interstate Transfer

[BG1911]

Sorry if this has been answered before, but I could not find anything on this...
My uncle recently passed away and my anut wants to give me his firearms (1 handgun/7 rifles). She lives in No CA (Marin County) and I live in AZ. I understand I do not qualify as interfamily, since he was not my father.

1) Can this be done?
2) If yes, what does she/I need to do?

Thanks.

[SkyHawk]

Since you live in AZ, Ca laws do not apply to you.

If these guns were willed to you in writing, they can be sent directly to you per 18 USC 922(a)(3) and 922 (a)(5). Federal law has no concept of family in this regard. A total stranger could will guns in writing to you and they could be sent to you directly. I seriously doubt that AZ imposes any additional restrictions that limit these transfers to 'immediate family' like Ca does. CA is one of the only, if not the only, states that impose 'immediate family' restrictions on FFL-free transfers.

https://www.law.cornell.edu/uscode/text/18/922

If these guns were not willed to you in writing by the deceased and were not assigned to you as the result of a probate court procedure dealing with intestate succession (not to be confused with interstate) of your uncles's possessions, then they must be sent to a FFL in AZ for you to transfer them.


To me it sounds like this is not an inheritance, but a gift from your aunt. And even though she may be the executor of your Uncle's estate, that does not qualify as a bequeathment. As such, they must be sent to an AZ FFL for transfer to you.

I suggest that she find a friendly FFL near her who will ship these to a FFL near you.

[BG1911]

Thanks Skyhawk. Lets assume that these will be a gift from my aunt. She told me my uncle wanted me to have them, but I do not think they were in the will (if he even had one). What is the process to have this done? I will be in NO CA later this week. Can she give me the firearms and I take them to an FFL in CA to process them? Or does she have to do this? She is in her 80's and not capable of doing this on here own. Also, I understand shipping can be costly. Do they have to be individually boxed or can they go all in one box? I think handgun needs to be seperate and go overnight, correct?

[SkyHawk]

You cannot process these to you using a CA FFL. It has to be a FFL in your state.

She should have a CA FFL ship them. They can be shipped in one box if the box can accomodate all the guns safely, which may be a stretch. So figure a couple/few boxes.

FFLs *do not* have to use overnight shipping for handguns when shipping to other FFLs. They can legally use USPS to ship handguns, where a private shipper cannot use USPS for handguns. That is why I am telling you to use a CA FFL to ship to AZ FFL. That, and also because many FFLs will not accept firearms shipments from non-licensees (private parties). So two good reasons to use a CA FFL to help you ship, and worth it to pay them a fee to do it.

Now, if you have a good relationship with a AZ FFL who will accept shipments from non licensees, perhaps you could save a little money doing this without a CA FFL. But it will be a hassle. The handgun would have to be taken to a UPS or FedEx Hub, not a retail counter, and shipped overnight. And the long guns can be shipped USPS but you will have to declare them by law to the shipper, same for the handgun. And that can and has raised a stink for some people when the carrier does not know the law and refuses to accept the shipment.

Shipping firearms and doing it legally can be a huge hassle for private shippers, which is why I suggest a CA FFL to help you, since there are more than a few guns.

[BG1911]

Thanks again. Any suggestions for FFL in NO CA/Marin County to do the shipping? Do I package them or does the FFL? And can I take them to the CA FFL for shipping for her?

[SkyHawk]

Not sure but I have heard good things about these folks

http://www.independencearmory.com

And this home based FFL

http://www.vinniesguns.com

Contact them and ask the questions about packing and if your aunt needs to also come with.

A little farther in the East Bay (Fremont) is this great FFL http://ugimports.com/

[kemasa]

Overnight shipping is a policy for UPS and FedEx, which change be changed based on volume. Most FFLs have to ship overnight, but large shippers can make a deal to ship second day air.

Handguns can only be shipped USPS by FFLs.

FedEx Ground tends to be cheaper for long gun, but you can't ship handguns through them.

You can often save money if you have FFL ship it and you get it all ready to be sealed. The FFL has to log the firearms, but if they don't have to do any work packing it up, then it can save you money. Your Aunt would need to go to the FFL, otherwise it could be considered that the firearms were transferred to you, as a resident of another state, which is a problem under Federal law.