Thank you ahead of time for any help. My father recently passed. Unfortunately I've done many Inheritance EFA 10s within MA. I understand how to navigate this process. I have NH siblings that will receive Inheritance. I'm looking for information on doing this properly. Thank you. Bill.
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Inheritance MA to NH
- Thread starter mchncbill
- Start date
strangenh
NES Member
Assuming they are not NFA items, you can just bring the firearms to the inheritor in NH (assuming the recipient is not a prohibited person). Interstate inheritance of firearms is exempted from having to go through an FFL, and since NH has no registry or requirement for a dealer to be involved, that's that. NFA items, I believe, require ATF Form 5 transfer, which is tax-free, but still a registered transfer.
^^^^ This. No paperwork needed and MA FRB is not notified in any way.
Were the guns specifically willed to each person either in the will or in a codicil to the will?
If you just have a pile of guns you are trying to distribute to the family and they were not specifically left to individuals then I believe an FFL has to be involved.
If I am wrong I'm sure someone will be along any second now to correct me
If you just have a pile of guns you are trying to distribute to the family and they were not specifically left to individuals then I believe an FFL has to be involved.
If I am wrong I'm sure someone will be along any second now to correct me
zboys
NES Member
WHY???
nstassel
NES Member
Bc if there's no will and the executor is just distributing guns than the federal ffl exemption doesn't apply. The transfer has to be a "lawful bequest or acquisition by intestate succession".
Mesatchornug
NES Member
To paraphrase a conversation this morning "if I'm breaking the law, I want it to be consciously."
The will can be generic. "I leave my guns to Jim and Sally". They don't have to be listed or noted with which gun goes to which person. The FFL exemption applies in this sort of case.
IANAL, but I suspect that if a will said "I leave all my possessions to Jim and Sally" and they work out who gets what, that probably works as well.
If no will or written instructions, then FFLs have to be involved. In that case bring them all to a NH FFL and they handle the paperwork. Do NOT involve a MA FFL.
strangenh
NES Member
Correct-ish. The law is silent on whether things need to be specified. Keep in mind this exemption includes where there is no will at all ("intestate") and the property (obviously not specified) moves that way. It's still by inheritance. That can't be random people; there's law in every state about what happens with property in an intestate estate, but the executor/court would be assigning property to the inheritor(s) in such case (e.g., to four surviving children). Same with a broad bequest.
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