GUN FFL laws, transfers, purchases, and inheritance

Discussion in 'On Topic' started by HSTexan, Sep 14, 2009.

  1. HSTexan

    HSTexan Active Member

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    So I have a few questions pertaining to how to go about receiving some guns.

    Basically my grandfather who passed away back in 1999 has a huge collection of guns that will be partially split within the family. These belong to my mother's father who is survived by his wife, my grandmother, my mom, and her two brothers. My grandmother obviously doesn't really know how to go about getting rid of them, so one of my uncles took the responsibility. However, his brilliant plan was that each kid (mom and 2 brothers) got one gun for free and then would have to pay for any additional guns he/she wanted. My mom doesn't shoot so it was my father's pick, which he used for me (a lot of history with the gun).

    Now, all the guns are still locked up in his safe in Nevada and no one has gotten their guns (even my gun that my dad picked for me back in 99). As of recent though my father and I have gotten more active in shooting and I have started wingshooting. Because of this the conversation about the gun collection has come up more recently and after discussion with my grandmother, she doesn't want me to have to pay for any of them. She knows my grandfather would rather me have them and kept in the family than sold off to strangers because myself, a poor college student, couldn't come up with the funds to pay for them.

    Now, the main question is what are the legalities here about purchasing these guns vs. inheriting them? I am a Texas resident, they are in Nevada. As I Texas resident, I can't legally purchase these guns can I? But I could inherit them? Also, how could we get them back to Texas? If we are inheriting them couldn't we go to Nevada and ship them to ourselves? If we had them shipped to an FFL here would we have to pay an individual fee for each gun, or could they do it for the entire group?

    Cliffs: Guns in family, legalities of purchase or inheritance, how to get them

    For inquiring minds, the guns in question:

    My guns:
    -Winchester Model 62A .22 pump (the gun with history, gun my grandfather learned to shoot with, gun he taught me to shoot with)
    -Ruger Mark II Target .22
    -Winchester Model 12 12 gauge (possibility)
    -Winchester Model 120 Ranger 12 gauge
    -Remington Rand M1911A1

    My fathers guns:
    -Smith & Wesson Highway Patrolman .357 mag
    -Walther PP 7.65mm
    -Ruger Super Blackhawk .44mag
    -Sako L579 .243 Winchester
     
  2. Soybomb

    Soybomb New Member

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    Check the atf website, I believe if they are your guns by inheritance that your uncle might be able to just box them up and ship right to you.

    Worst case he could send them to a dealer near you where you would pick them up. Charges for transfer vary by dealer. My guy charges me $30 for up to like 10 in the same box I think.

    This is all assuming your uncle doesn't turn into a douche and refuses to ship them.
     
  3. yar1182

    yar1182 New Member

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    I maybe wrong but I do not believe that inheritinace means you can get around transporting the firearm over state lines without the use of a FFL. While you do not need a ffl to do a transfer if you are a direct relative and receiving firearms though an inheritance it makes no specific mention of it being ok to transport over state lines to get firearm to said direct relative. IIRC this maybe because different states have their own regulation on this. I would inquire with your local ATF office.
     
  4. Admitted

    Admitted I shouldn't be on OT right now.

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    Drive there, bring back in car.
     
  5. Soybomb

    Soybomb New Member

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    curiosity got the better of my laziness
    http://www.law.cornell.edu/uscode/18/usc_sup_01_18_10_I_20_44.html

    (a) It shall be unlawful—
    (1) for any person—
    *snip*
    (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;

    The only potential rub I see there is what is the definition of acquiring a firearm in another state by bequest? Is it "acquired" just by the will or is it not actually acquired until you lay hands on it and put it in a box addressed to yourself at home?
     
  6. Admitted

    Admitted I shouldn't be on OT right now.

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    acquire would be a transfer of title. Once you are willed something and the will is executed, it is yours.
     
  7. mattsb2000

    mattsb2000 OT Supporter

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    Keep your uncle away from the bandsaw.
     
  8. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    I'm not familiar with Nevada probate law, but I would think that your grandmother would have the power to stop your uncle from selling these guns at her discretion. Unless your uncle was named as an administrator or trustee of the estate or your grandfather "willed" them to specific people.
     
  9. mattsb2000

    mattsb2000 OT Supporter

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    This whole selling thing is weird as fuck. Second thread like this I've seen recently.
     
  10. Jurisbot Esq.

    Jurisbot Esq. Don't blame me I voted for Ron Paul. OT Supporter

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    p.s. why is this taking 10 years to clear up?
     
  11. Milky

    Milky I'm in your Millenium Falcon, rumbling your Wookie

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    :werd: It's only one state away
     
  12. Navvik

    Navvik Active Member

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    :madfawk::madfawk::madfawk:
    just thinking about that story makes me want to murder that motherfucker.
     
  13. phoenixTX

    phoenixTX New Member

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    No shit... reading this I swear I was having an episode of deja vu
     
  14. mattsb2000

    mattsb2000 OT Supporter

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    It is very similar. :rofl:
     
  15. HSTexan

    HSTexan Active Member

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    Haha...did I miss another post like this?

    The problem is I go to school right now...and in Arkansas, so driving there right now is really not an option. As for taking 10 years to clear up...after he passed away I shot less and less. More recently I started taking a greater interest to guns, got my CHL, etc. so it motivated me to get this finished up

    Thanks all for the input...I guess I'll have to check with ATF about specifics
     
  16. phoenixTX

    phoenixTX New Member

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