Gun Transfer: parent/child different state death

[free]

I know this has been covered - but I don't have time to dig around for it.

Parent in State 1.
Adult "Child" in State 2.
Parent dies. Wills guns to "child".
Is transfer through FFL required?
Can the "adult child" just go take possession?

If it matters, it may be a larger number of guns. If they have to be transferred, can it be done "in bulk" or is it 1 by 1, 209 different calls to PIC or whatever?

Note: I put "adult child" because in the past, people got their panties in a twist about referring to someone over 18 has someone's "child". Not designed to be a trick question.

Thanks in advance.

[Emptymag]

To be clear, you are not talking about the parent giving it - you are talking about how it is handled if the parent has passed away, but has a will stating that the gun goes to the child.

Good question. I don't know.
I know that if they were both alive, it would need to go through an FFL due to the interstate nature of the transfer, but not sure if in a will.
I suspect the same, but I don't know for sure.

[free]

Ok, I found my previous thread on this:
https://forum.pafoa.org/showthread.p...light=Transfer

If you ignore the unnecessary shit show of whether your child is still your child once they turn 18...it seems that the answer to the question posted here is "no ffl is required, in conjunction with guns changing hands as a result of a death-will situation and the not prohibited person child can just go take possession.

Can the usual parties please confirm?

Thanks
F

[gnbrotz]

If you ignore the unnecessary shit show of whether your child is still your child once they turn 18...it seems that the answer to the question posted here is "no ffl is required, in conjunction with guns changing hands as a result of a death-will situation and the not prohibited person child can just go take possession.

I agree. Below is the relevant federal law that states as much. The actually statutory language for this exception is contained in 18 U.S. Code § 922(a)(3)

https://www.atf.gov/firearms/qa/whom...arms-under-gca

To whom may an unlicensed person transfer firearms under the GCA?

A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General*s Office to inquire about the laws and possible state or local restrictions.

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 transferee*s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. 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.

A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]

[free]

Perfect. Thanks.

That will make it a lot easier to sell off dad's shit and give the money to mom to do whatever she wants to do with it.