Family firearms transfer

**Jerseyguy88** · February 14th, 2018, 09:25 PM

My father has some guns he wants to give me. My father is a PA resident and I am active duty military that live in VA but officially a Florida resident. The question is do I need to go through an FFL for the transfer or could he hand them to me to transport back to VA.

**GunLawyer001** · February 14th, 2018, 09:38 PM

Need an FFL for every inter vivos interstate transfer.

**Jerseyguy88** · February 15th, 2018, 07:05 PM

Thank you.

**Democrat Gun Owner** · February 15th, 2018, 08:06 PM

Originally Posted by GunLawyer001

Need an FFL for every inter vivos interstate transfer.

Does this mean if you inherit firearms from an out of state relative who died such transfers don't require an FFL?

Or, is there another reason for that distinction?

**gghbi** · February 15th, 2018, 08:13 PM

Originally Posted by Democrat Gun Owner

Does this mean if you inherit firearms from an out of state relative who died such transfers don't require an FFL?

Or, is there another reason for that distinction?

Inheritances have their own rules.

**tl_3237** · February 16th, 2018, 11:25 AM

Originally Posted by Democrat Gun Owner

Does this mean if you inherit firearms from an out of state relative who died such transfers don't require an FFL?

Or, is there another reason for that distinction?

Inherited firearms from an interstate estate distribution are exempt from the Federal requirement for using an FFL for interstate transfers. (see 18 USC 922(a)(3)(A) and (5)(A))

(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;

(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) 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; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an 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) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

State laws may or may not require an FFL. PA and NJ do not require FFL involvement.

**IV_Warrior** · February 18th, 2018, 04:16 PM

Originally Posted by Jerseyguy88

My father has some guns he wants to give me. My father is a PA resident and I am active duty military that live in VA but officially a Florida resident. The question is do I need to go through an FFL for the transfer or could he hand them to me to transport back to VA.

Handguns or long guns? Long guns you can do the transfer at an FFL in ANY state (providing laws of the state the transfer takes place in, and your home state laws are followed) handguns have to be at FFL in YOUR HOME state.

**Jerseyguy88** · February 20th, 2018, 03:54 PM

In my case we are transferring both long guns and handguns and this is not an inheritance item so it looks like I will be going through an FFL. The differences mentioned between the type of weapon and the issue of inheritance have all contributed to some confusion on the matter so I thank folks for providing some clarity on the issues.