How to receive inherited guns

[Gunweenie]

I have inherited some handguns and long guns. Can I have my sister just ship them to me or do I have to go through an FFL?
Thanks!

[efillc]

Assuming that your sister is the executor of the estate, at the federal level, you can either go pick them up and bring them back with you, or she can ship them to an FFL to transfer to you. She may not ship them directly to you.

CA will probably have other provisions that must be followed as well.

[Gunweenie]

Assuming that your sister is the executor of the estate, at the federal level, you can either go pick them up and bring them back with you, or she can ship them to an FFL to transfer to you. She may not ship them directly to you.

CA will probably have other provisions that must be followed as well.

Thank you. So they DO have to be shipped to an FFL. She IS the executor. Does she have to include any proof of that to be legal?
Thanks so much.

[kemasa]

I would have to check into that again since I recall that if the firearm are inherited (might have to be specifically mentioned in the will), that Federally the firearms can be shipped directly. There was a thread on that.

It is easier to ship to a FFL, but it will cost more.

NFA weapons are allowed under Federal law to be directly sent:

http://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html

so I would assume the same would be the case for non-NFA weapons.

Found a reference:

http://www.atf.gov/firearms/industry/0501-firearms-top-10-qas.pdf

2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. Generally, for a person to lawfully
transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a
Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at www.atf.gov and
http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this
prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for
example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is
provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by
intestate succession. This exception would authorize the transfer of a firearm to a nonresident who
inherits a firearm under the will of a decedent. See 18 U.S.C. 922(a)(5).

[AOIguns]

There are a few more questions to be answered. For one, what state is she in? Is it possible for you to pick them up? I'm assuming you're in CA. Also, are any of the long guns over 50 years of age?

[Librarian]

Inheritance is exempt from the FFL in both state and Federal law.

File the OPLAW form for any handguns.

http://wiki.calgunsfoundation.org/Inheriting_firearms,_both_within_California_and_Interstate

[efillc]

I would have to check into that again since I recall that if the firearm are inherited (might have to be specifically mentioned in the will), that Federally the firearms can be shipped directly. There was a thread on that.

It is easier to ship to a FFL, but it will cost more.

NFA weapons are allowed under Federal law to be directly sent:

http://www.atf.gov/press/releases/1999/09/090599-openletter-nfa-estate-transfers.html

so I would assume the same would be the case for non-NFA weapons.

Found a reference:

http://www.atf.gov/firearms/industry...top-10-qas.pdf

18 U.S.C. 922(a)(5) covers transfers not shipments. Shipments are regulated under 18 U.S.C. 922(a)(2) and there is no exclusion for inheritances.

Also, the link you posted regarding NFA inheritance only covers transfers, not shipments. FYI I think it's stupid, since most transfers usually involve shipping the firearm to the recipient, but I didn't write the danged law.

[Quiet]

AFAIK...

Executor of the estate can't legally ship firearms across state lines.

The person receiving the firearm has to physically go to the other state and acquire them and either ship them back or bring them back.

A non-licensed person can legally ship firearms to themselves. But, can't ship to another non-license person in another state.

[Gunweenie]

She is in Michigan. I could fly back and ship them to myself, or arrange to take them back on the plane which could be a pain. The cost of the round trip flights would probably be more than just shipping them to my local FFL and paying the $25 NICS fee for each handgun. I don't have a complete list yet but one is an antique German Luger. My FFL also said that for handguns I can't get around the 30-day wait between transferring handguns. What a pain to do this in CA.

[EOD Guy]

18 U.S.C. 922(a)(5) covers transfers not shipments. Shipments are regulated under 18 U.S.C. 922(a)(2) and there is no exclusion for inheritances.

Also, the link you posted regarding NFA inheritance only covers transfers, not shipments. FYI I think it's stupid, since most transfers usually involve shipping the firearm to the recipient, but I didn't write the danged law.

Read it again. 922(a)(5) exempts the transfer, transportation, or delivery of a firearm to carry out a bequest. There is no requirement under Federal law to ship to an FFL in that case. California law also allows it if the bequest is from a parent, grandparent, child, or grandchild.

[ke6guj]

AFAIK...

Executor of the estate can't legally ship firearms across state lines.

The person receiving the firearm has to physically go to the other state and acquire them and either ship them back or bring them back.

A non-licensed person can legally ship firearms to themselves. But, can't ship to another non-license person in another state.