Transferring firearms between states

[vavulaka]

I spoke to the Montgomery Co. Sheriff's office this afternoon and asked them about this whole issue.
According to two separate people (I called twice and spoke to two different people). If a parent resides in NJ and wants to simply give a firearm to his daughter residing in PA, he can just hand it over to her.
PA does not require a registration, so as far as they are concerned, it's her gun.

I know that you guys have posted actual laws and I'm not arguing with them, but I'm wondering if this law similar to the one where you can buy liquor in NJ and bring it to PA - it's on the books, but everyone does it.

[knight0334]

I spoke to the Montgomery Co. Sheriff's office this afternoon and asked them about this whole issue.
According to two separate people (I called twice and spoke to two different people). If a parent resides in NJ and wants to simply give a firearm to his daughter residing in PA, he can just hand it over to her.
PA does not require a registration, so as far as they are concerned, it's her gun.

I know that you guys have posted actual laws and I'm not arguing with them, but I'm wondering if this law similar to the one where you can buy liquor in NJ and bring it to PA - it's on the books, but everyone does it.

The sheriff's office is wrong. Never ask state/local LEO's for legal advice.

If you need to check, call the ATF since it is their prime function. And I'll bet ya they will tell you it needs to go through a FFL.

[NRA Recruiter]

Knight is right (hey, that rhymes). The sheriff is wrong. The GCA '68 requires that all interstate transfers between unlicensed entities (non FFLs) include an FFL in the process. For handguns, the FFL has to be in the recipient's state. For rifles and shotguns, the transfer through the FFL may take place in any state providing state laws allow it. The exception to needing an FFL is only for bequests.

ATF Industry Operations is usually a straight shooter and its inspectors can give you chapter and verse as well as point you to memoranda of interpretations of the law and they usually have a good handle on the state laws for their state.

[vavulaka]

Thanks again guys.
It's a shame that the Sheriff's office is wrong though.

I'm wondering though if this law is just like the liquor law that says that you can't buy liquor in NJ and bring it to PA.

[wildsofpa]

hypothetical question ON NJ gun owner..

Lets just say a father lives in NJ and owns handguns and rifles. now he passes away and his only sons or daughters live out of state. what happens to those guns at this point?

can those sons or daughters just take possession of them if they are left in and willed to them? what happen if they are not willed?

If they need to be transferred what happens to the guns in the mean time, who takes possession of them after the father passes away and waiting transfer.

[Neilthepilot]

Thanks again guys.
It's a shame that the Sheriff's office is wrong though.

I'm wondering though if this law is just like the liquor law that says that you can't buy liquor in NJ and bring it to PA.

The difference between a non enforced liquor law and a gun law violation is with liquor you can get a ticket. With a gun you can go to jail. As you can see from the two cases (that we know of) in NYC where permit holders mistakenly thought they could carry in NY once the authorities find out your in big trouble.

[tl_3237]

hypothetical question ON NJ gun owner..

Lets just say a father lives in NJ and owns handguns and rifles. now he passes away and his only sons or daughters live out of state. what happens to those guns at this point?

can those sons or daughters just take possession of them if they are left in and willed to them? what happen if they are not willed?

If they need to be transferred what happens to the guns in the mean time, who takes possession of them after the father passes away and waiting transfer.

At the time of death the firearms immediately become assets of the estate. The appointed executor has possession and/or control until the estate is settled. Once all estate liabilities are settled the executor begins the distribution process. If the firearms are specifically bequested in the will then the executor distributes them accordingly; if no will then they are either liquidated and the proceeds credited to the estate or they are distributed as any other article of value in the estate based on agreements of the beneficiaries.

If the executor is a prohibited person then, although he controls the distribution of the firearms, he would have to make other arrangements for their physical possession with the chief of police or NJSP.

[knight0334]

At the time of death the firearms immediately become assets of the estate. The appointed executor has possession and/or control until the estate is settled. Once all estate liabilities are settled the executor begins the distribution process. If the firearms are specifically bequested in the will then the executor distributes them accordingly; if no will then they are either liquidated and the proceeds credited to the estate or they are distributed as any other article of value in the estate based on agreements of the beneficiaries.

If the executor is a prohibited person then, although he controls the distribution of the firearms, he would have to make other arrangements for their physical possession with the chief of police or NJSP.

The reason above is why everyone should have a will. If there isn't one, the executor could potentially sell everything and distribute the funds as he/she desires. ...there are some things that should be passed down to kinfolk, or even friends, instead of auctioned off.

A will is also beneficial to the heirs so that they can prove they received a regulated gun like a "firearm". Or any type of "firearm" defined under federal law for interstate bequests.

[vavulaka]

The difference between a non enforced liquor law and a gun law violation is with liquor you can get a ticket. With a gun you can go to jail. As you can see from the two cases (that we know of) in NYC where permit holders mistakenly thought they could carry in NY once the authorities find out your in big trouble.

For what it's worth, I recently spoke to an ATF agent about my original question in regards to inter-state gun transfers to family members.
He said that if a father (residing in NJ) wants to give his guns to his daughter (residing in PA) he is welcome to do so. He only has to go through an FFL for any handguns since that's a federal law. Any long guns are fine.
The way around it, is if the father "gave" the guns to the daughter while she was living in NJ (assuming she was of legal age to posses a firearm) and she moved to PA later on.

[knight0334]

For what it's worth, I recently spoke to an ATF agent about my original question in regards to inter-state gun transfers to family members.
He said that if a father (residing in NJ) wants to give his guns to his daughter (residing in PA) he is welcome to do so. He only has to go through an FFL for any handguns since that's a federal law. Any long guns are fine.
The way around it, is if the father "gave" the guns to the daughter while she was living in NJ (assuming she was of legal age to posses a firearm) and she moved to PA later on.

The ATF agent was wrong with the part in bold. Any type of firearm, whether it be Title I or Title II (rifle, shotgun, handgun, NFA), must go through a FFL for a interstate transfer.

Antique guns are not "firearms" to federal law, so regardless of their design they do not have the requirements.

That is the law. I can provide the entire US Title 18, Chapter 44, Section 922 up if anyone doubts it.