Pennsylvania Firearm Owners Association
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  1. #1
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    Default Question Re: Firearms Inheritance and Transfer Requirements

    I am handling the transfer of multiple pistols and rifles (non-NFA) from a family member's estate to an out of state resident (AZ), who was named in the Will.

    I cannot find specific ATF or state guidelines / requirements for "how to" transfer these firearms to the new owner, named in the Will. I have reached out to my ATF contact, who was unfamiliar with this scenario. I am a licensed FFL-01 and have never handled this type of transaction before.

    Is a 4473 required? Do the firearms need to go FFL to FFL? The firearms are going from PA to AZ. The new owner is not a family member and I have no specific background or criminal check on this individual whatsoever.

    If anyone has any advice or experience with this situation, I would appreciate the help or opportunity to speak with you. I am waiting for further help from the ATF for guidance.

    Thank you!

  2. #2
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    Default Re: Question Re: Firearms Inheritance and Transfer Requirements

    FFL to FFL seems like a safe bet.

  3. #3
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    Default Re: Question Re: Firearms Inheritance and Transfer Requirements

    I will give you the cleanest, least confusing way I would do this. First off remember that you are transferring a firearm. Whether it is between friends, sold out of your shop inventory or from an estate it doesn't make too much difference to BATF. It is a transfer and that is what BATF wants to be correct.

    So, to begin with the recipient of the firearms will need to find a FFL licensed dealer in Arizona who will execute the transfer. You will need a copy of that dealers's license.

    In your A&D book receive the firearms in from the executor/executrix of the estate. Do not receive them in from the deceased person.

    Dispose of the firearms to the FFL in Arizona. Ship firearms to Arizona dealer. The accepting dealer in Arizona will then transfer said firearms to the recipient ( Form 4473, background check, etc.).

    Most A&D books have an area at the bottom of the pages that is blank. This is up to you but you may want to make a note there stating that guns #--- to --- were received from the executor/executrix of an estate. I have made denotations like this in my A&D books and never have gotten any grief from ATF inspectors during audits. In fact none have ever commented on it.

    My guess is that any fees for the transfer and shipping will be paid by the deceased's estate but you will need to address that with the attorney closing the estate.
    Last edited by guncrank; January 27th, 2022 at 12:18 PM.

  4. #4
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    Default Re: Question Re: Firearms Inheritance and Transfer Requirements

    Quote Originally Posted by jmiles1960 View Post
    I am handling the transfer of multiple pistols and rifles (non-NFA) from a family member's estate to an out of state resident (AZ), who was named in the Will.

    I cannot find specific ATF or state guidelines / requirements for "how to" transfer these firearms to the new owner, named in the Will. I have reached out to my ATF contact, who was unfamiliar with this scenario. I am a licensed FFL-01 and have never handled this type of transaction before.

    Is a 4473 required? Do the firearms need to go FFL to FFL? The firearms are going from PA to AZ. The new owner is not a family member and I have no specific background or criminal check on this individual whatsoever.

    If anyone has any advice or experience with this situation, I would appreciate the help or opportunity to speak with you. I am waiting for further help from the ATF for guidance.

    Thank you!
    Guncrack really details this.
    *sigh* How do you not know this as a 01? Some light reading- https://www.atf.gov/file/11241/download
    You can only transfer if they are in person with a 4473/and whatever req by location or to an FFL who will do it. Most of all send to a FFL if it's to someone out of state.
    Owner Trigger Time LLc 01 FFL/NFA Saylorsburg, PA. Sales/Service/Transfers/Training
    NRA CRSO/Pistol/Rifle/Shotgun inst. BSA Rifle/Shotgun Merit badge counselor. US Navy Marksmanship Team Staff

  5. #5
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    Default Re: Question Re: Firearms Inheritance and Transfer Requirements

    I believe an FFL transfer is not required for out of state willed firearms but it’s probably a safer way to go.
    Accuse your enemy of what you are doing as you are doing it to create confusion -Karl Marx

  6. #6
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    Default Re: Question Re: Firearms Inheritance and Transfer Requirements

    [QUOTE=Rosco the Iroc;4571907]
    *sigh* How do you not know this as a 01?

    In defense of the OP I will say that he/she may operate only as a gunsmith in which case transfers such as this would be something never done but a type 01 FFL is still needed. The A&D records for gunsmithing are a bit different than a regular A&D book.

    Other than that I agree wholeheartedly that a type01 dealer that is selling firearms should know how to execute this type of transfer.

  7. #7
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    Default Re: Question Re: Firearms Inheritance and Transfer Requirements

    Quote Originally Posted by RockIsland View Post
    I believe an FFL transfer is not required for out of state willed firearms but it*s probably a safer way to go.
    If this is correct it would be something good to know. However, I would want it in writing. Do you have a link to the Federal Firearms Regulation that addresses this?

    Also to the OP: Be careful not to conflate what goes on in your personal life (death of a family member) with what you do as a business (transferring firearms).

  8. #8
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    Default Re: Question Re: Firearms Inheritance and Transfer Requirements

    https://www.law.cornell.edu/uscode/text/18/922

    18 U.S. Code § 922 - Unlawful acts

    (a) It shall be unlawful*
    (1) for any person*
    (A) except a licensed importer, licensed manufacturer, or licensed dealer, to engage in the business of importing, manufacturing, or dealing in firearms, or in the course of such business to ship, transport, or receive any firearm in interstate or foreign commerce; or
    (B) except a licensed importer or licensed manufacturer, to engage in the business of importing or manufacturing ammunition, or in the course of such business, to ship, transport, or receive any ammunition in interstate or foreign commerce;
    (2) for any importer, manufacturer, dealer, or collector licensed under the provisions of this chapter to ship or transport in interstate or foreign commerce any firearm to any person other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, except that*
    (A) this paragraph and subsection (b)(3) shall not be held to preclude a licensed importer, licensed manufacturer, licensed dealer, or licensed collector from returning a firearm or replacement firearm of the same kind and type to a person from whom it was received; and this paragraph shall not be held to preclude an individual from mailing a firearm owned in compliance with Federal, State, and local law to a licensed importer, licensed manufacturer, licensed dealer, or licensed collector;
    (B) this paragraph shall not be held to preclude a licensed importer, licensed manufacturer, or licensed dealer from depositing a firearm for conveyance in the mails to any officer, employee, agent, or watchman who, pursuant to the provisions of section 1715 of this title, is eligible to receive through the mails pistols, revolvers, and other firearms capable of being concealed on the person, for use in connection with his official duty; and
    (C) nothing in this paragraph shall be construed as applying in any manner in the District of Columbia, the Commonwealth of Puerto Rico, or any possession of the United States differently than it would apply if the District of Columbia, the Commonwealth of Puerto Rico, or the possession were in fact a State of the United States;
    (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;
    (6) for any person in connection with the acquisition or attempted acquisition of any firearm or ammunition from a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, knowingly to make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification, intended or likely to deceive such importer, manufacturer, dealer, or collector with respect to any fact material to the lawfulness of the sale or other disposition of such firearm or ammunition under the provisions of this chapter;
    (7) for any person to manufacture or import armor piercing ammunition, unless*
    (A) the manufacture of such ammunition is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
    (B) the manufacture of such ammunition is for the purpose of exportation; or
    (C) the manufacture or importation of such ammunition is for the purpose of testing or experimentation and has been authorized by the Attorney General;
    (8) for any manufacturer or importer to sell or deliver armor piercing ammunition, unless such sale or delivery*
    (A) is for the use of the United States, any department or agency of the United States, any State, or any department, agency, or political subdivision of a State;
    (B) is for the purpose of exportation; or
    (C) is for the purpose of testing or experimentation and has been authorized by the Attorney General;*[1]
    (9) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, who does not reside in any State to receive any firearms unless such receipt is for lawful sporting purposes.



    There is more at the link.. just too much to quote and search through.
    ========

    As a side note: USPS and all commercial carriers will not ship a gun unless coming or going to a FFL. So a FFL will be involved, which in turn involves 4473 forms. The only way around this is for personal delivery or pickup.
    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!

  9. #9
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    Default Re: Question Re: Firearms Inheritance and Transfer Requirements

    Personal transportation to Arizona sounds like fun, augmented by which state in between you get stopped in.
    There are two kinds of guns. Those I have acquired, and those I hope to.

  10. #10
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    Default Re: Question Re: Firearms Inheritance and Transfer Requirements

    Excellent! Thanks for the link Knight 0334.

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