Out of state inheritance transfers

[mythaeus]

I thought I had it figured out that regardless of circumstances, all out-of-state transfers must go through an FFL holder. After doing some research on inheritance of firearms, I found this:

http://law.justia.com/us/cfr/title27....3.3.1.10.html containing exceptions here: § 478.30: http://law.justia.com/us/cfr/title27....3.3.1.12.html

" § 478.30 Out-of-State disposition of firearms by nonlicensees.

No nonlicensee shall transfer, sell, trade, give, transport, or deliver any firearm to any other nonlicensee, 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: Provided, That the provisions of this section:

(a) shall not apply to the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or any 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) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes.

[T.D. ATF–313, 56 FR 32508, July 17, 1991; 57 FR 1205, Jan. 10, 1992]"
Moreover, see http://en.wikipedia.org/wiki/Gun_law...en_individuals .

Combined, I interpreted these as there are exceptions when the firearms are transferred through inheritance. That is, out-of-state transfers through bequest (inheritance) do not require FFL involvement? Do I have it wrong somewhere?

Thanks,
Al

ETA: I forgot to mention that this question pertains to say a mother/father in one state wanting to gift/bequest firearms (including handguns) to son/daughter who is a resident of another state.

[4XLT]

if it's a primary family memeber there doesnt need to be a transfer of any kind if i recall. but best let more "in the know" people post depends who was willing it to you i think

[Wiley-X]

I'm not a lawyer but I am an FFL. You're reading it right. A bequest from anyone be it father, mother, or friend does not need to go through an FFL. However, that's just Federal law, you still have to obey state laws.

As I read it, since Pennsylvania doesn't have registration, if your grandfather leaves you his 1911 from the war and he died in Florida, the executor can simply hand you that gun and you bring it back to Pa. with you (providing Florida doesn't object). Just the same as if it was always your gun.

One important thing that ATF did point out in either a FAQ or a memo to dealers is that the transfer has to happen after death. If your grandfather knows that he's old and the end is near and gives you a gun then the regular rules apply.

[knight0334]

Depending each state's laws the bequest can be from anyone that names you in a will or even via executor's divvying of the property. I cant find anything that states it must be from a family member.

For intestate succession where properties pass in absence of will or executor, that generally follows family relations set forth by each state's laws.

Depending on the states involved its possible to inherit a firearm from a deceased person in another state, then go retrieve the firearm, or receive it into your state of residence without an FFL being involved. However, its generally wiser to just have a FFL take care of the transfer to alleviate and questions and legalities that may arise later.

Here is PA's laws on the matter:

18 Pa.C.S. § 6115: Loans on, or lending or giving firearms prohibited
(a) Offense defined.--No person shall make any loan secured by mortgage, deposit or pledge of a firearm, nor, except as provided in subsection (b), shall any person lend or give a firearm to another or otherwise deliver a firearm contrary to the provisions of this subchapter.
(b) Exception.--
(2) Nothing in this section shall be construed to prohibit the transfer of a firearm under 20 Pa.C.S. Ch. 21 (relating to intestate succession) or by bequest if the individual receiving the firearm is not precluded from owning or possessing a firearm under section 6105.

For Title 20. Chapt 21 go to the PA General Assembly website and click on the Unofficial Purdon's Pennsylvania Statutes from West link.

CHAPTER 21. INTESTATE SUCCESSION
20 Pa.C.S.A. PA ST Ch. 21, Refs & Annos
§ 2101. Intestate estate
§ 2102. Share of surviving spouse
§ 2103. Shares of others than surviving spouse
§ 2104. Rules of succession
§ 2105. Spouse's rights
§ 2106. Forfeiture
§ 2107. Persons born out of wedlock
§ 2108. Adopted person
§ 2109. Repealed by 1976, July 9, P.L. 551, No. 135, § 6, imd. effective
§ 2109.1. Advancements
§ 2110. Spouse's allowance; procedure
§ 2111. Repealed by 1978, April 18, P.L. 42, No. 23, § 2, effective in 60 days
§ 2112. Repealed by 1976, July 9, P.L. 11, No. 135, § 6, imd. effective
§ 2113. Repealed by 1976, July 9, P.L. 11, No. 135, § 6, imd. effective
§ 2114. Repealed by 1976, July 9, P.L. 11, No. 135, § 6, imd. effective

[mythaeus]

Thank you all for your answers fellas.

Al