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January 27th, 2022, 03:44 PM #11
Re: Question Re: Firearms Inheritance and Transfer Requirements
With these interstate bequest/intestate succession transfers - 3 sets of laws have to be obeyed.
The starting state(PA in this case), federal, and the receiving state(AZ in this case).
PA and federal aren't a problem with such things, but the state in which the firearm(s) are to go to may. ...which I doubt with Arizona.
Example issue:
1. An "Assault Weapon" as defined by an anti-gun state, likely wont be allowed to be transferred to an anti-gun state.
2. In some states, a handgun would need to be transferred/registered, or have a possession permit to receive it(and abide by mag restrictions if a factor).
States like HI, CA, IL, NJ, NY, MA, CT, RI are certainly problematic. MI requires handgun registration. ...there may be more.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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January 27th, 2022, 07:38 PM #12
Re: Question Re: Firearms Inheritance and Transfer Requirements
But if the OP is operating under the FFL license there may be another issue:
18 USC 922(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-
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(3) any firearm to any person who the licensee 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 licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;Last edited by tl_3237; January 27th, 2022 at 08:02 PM.
IANAL
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January 27th, 2022, 09:05 PM #13
Re: Question Re: Firearms Inheritance and Transfer Requirements
I agree.
Once an FFL gets involved, it is best to assume a 4473 will be needed for anything that gets put into their bound book. I wouldn't fault any FFL to require a 4473 for any reason(unless the recipient is already a FFL holder).
The OP has two real options:
1. Ship to another FFL in AZ, then that AZ FFL do the transfer, or
2. Have heir come to PA to pickup the guns directly from the estate, or the executor/executrix personally deliver the guns to the heir in AZ.
With the OP being an FFL, it may appear that the guns are already logged. ....paperwork + handguns & other firearms only being able to be transferred to heir from a FFL in the heir's homestate(AZ). Rifles and shotguns allowed to be transferred to heir directly from PA FFL.
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We are in the process of this too with my dad's guns(to go to me). A Florida FFL(local to mom) wanted thousands of $$$$ to ship all of them to a FFL here in PA. She confirmed with a lawyer in FL of the legalities there(not a problem), and I'm aware of them here. Since mom is the executrix of dad's estate, on either her next trip up or my next trip down, I'll take ownership directly.RIP: SFN, 1861, twoeggsup, Lambo, jamesjo, JayBell, 32 Magnum, Pro2A, mrwildroot, dregan, Frenchy, Fragger, ungawa, Mtn Jack, Grapeshot, R.W.J., PennsyPlinker, Statkowski, Deanimator, roland, aubie515
Don't end up in my signature!
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January 28th, 2022, 04:44 PM #14Junior Member
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Re: Question Re: Firearms Inheritance and Transfer Requirements
Everyone on this thread - Thank you very much for the comments and information. This has been a big help to me. I am new FFL-01, mostly handling gunsmithing and used gun sales. This estate transfer is a new scenario for me; even my ATF mentor was unclear regarding the correct process / procedure.
My goal is protect the estate and I am pushing the inheritor to handle this FFL-to-FFL or come get the firearms in person. The inheritor is not a family member and is simply someone unknown to the family named in the deceased's Will.
The inheritor is protesting that I want to go FFL-to-FFL due to the shipping and processing costs. I will keep you all posted how this turns out.
Thanks again for the help and advice.
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January 28th, 2022, 05:37 PM #15
Re: Question Re: Firearms Inheritance and Transfer Requirements
Then the inheritor needs to get his ass to pa and take possession. Either that or find an AZ FFL that is willing to work with him on the transfer cost. Not really your problem from what I see. I get it, depending on the amount of firearms, that it might be costly for him. Same as paying inheritance tax on them from what I see. Nobody likes it, but it's the reality.
Side note, this is why you give away your stuff before you kick the bucket. I know personally, unless I die from some unforseen reason, I plan on giving away most of my guns before this would become an issue and I've discussed the same with my wife.
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