Inherited firearms transport?

2) In theory guns must be specifically willed to you to be allowed to be moved state to state after a death without a FFL involved.

I keep reading this from non-authoritative sources. What I’ve read from what seem like authoritative sources all say “inherit”, without saying “specifically willed” (or similar language).

To me that means the executor can, if not otherwise specified, declare that anyone they choose gets the guns as part of the estate.

If this is not true, I’d like to see a reference in law or regulation.


5) if you want to play looser with the law, just file a EFA-10 on them within 7 days of you getting them into MA with no FFL

This does not seem to violate any laws.
 
I keep reading this from non-authoritative sources. What I’ve read from what seem like authoritative sources all say “inherit”, without saying “specifically willed” (or similar language).

This.

Just because something isn't specifically mentioned in a will, it doesn't mean you don't inherit it.

The only time a will really matters in situations like this is if someone contests your inheritance.

Say Grandma dies, leaving her 1979 Mercury Monarch in the driveway. Nobody wants such an ugly tank of a car, but Cousin Johnny just turned 16 and figures he can at least use it to get to school. Nobody else in the family cares who takes it, so even though Grandma didn't mention the car in her will? It now belongs to Little Johnny because he claimed it and nobody else raised an objection. There was nothing for the executor to decide.

A will would come into play if the executor needed to make a judgement call about who gets the Monarch. No reason why guns should be any different.

IANAL.
 
OK how does one interpret this?

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition
by intestate succession. This exception would authorize the transfer of a firearm to a nonresident
who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. §
922(a)(5)(A).

source: https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download
 
(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;

 
OK how does one interpret this?

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition
by intestate succession. This exception would authorize the transfer of a firearm to a nonresident
who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. §
922(a)(5)(A).

source: https://www.atf.gov/resource-center/docs/0813-firearms-top-12-qaspdf/download

I think it's quite clear: that transferring a firearm across state lines is not unlawful if it's acquired by intestate succession.

"Intestate" means "without a will," and if something's not mentioned in a will but you inherit it anyway? I think that's intestate succession.
 
I knew that, but the finer point of the law is intestate

Joe drops dead tomorrow, there is no will, in theory his wife gets everything. No problem.


Fred dies, Fred has never married, Fred has no children, Fred has no will. Fred's parents are long gone, Fred had 7 siblings, all but 2 are dead, and the ones that died left behind 16 children. Dividing up the money is easy, there is a specific way to do that written into probate law. If the Executor just hands the guns to Fred's nephew is that proper? Does the BATFE consider that an allowed intestate transfer?

(guns? what guns?)
 
I think it's quite clear: that transferring a firearm across state lines is not unlawful if it's acquired by intestate succession.

"Intestate" means "without a will," and if something's not mentioned in a will but you inherit it anyway? I think that's intestate succession.

f*** me... I've been reading that word wrong for years. I had read it as "interstate" (between states) and not really thought about its meaning.

New word for me. Cool.
 
f*** me... I've been reading that word wrong for years. I had read it as "interstate" (between states) and not really thought about its meaning.

New word for me. Cool.
I'm getting a crash course in intestate right now, trust me it is all sorts of fun.

I beg all of you, if you care about those you leave behind get a effn will.
 
I am not worried about anyone contesting me getting his fire arms, in all honesty I don’t know what he has anymore. He may have sold the pieces I’d want most.
It is just me and my sister up here she doesn’t want them, and anything of real value like his house or other big items we don’t want and wouldn’t get anyways. As his wife now owns those.
While driving them seems like the least hassle even if it costs me 1000$ to check some cases with firearms in them at the airport and fly home that’s worth the money. VS driving down there by myself for 18hrs each way in a truck that gets 16mpg.
Now don’t get me wrong if that’s what I have to do then that’s exactly what I will do.

On another note does anyone know the length of a Japanese Arisaka rifle from WW2?
 
if it costs me 1000$ to check some cases with firearms in them at the airport
do not create issues where there is no reason to do so.
drive down there, pack all shit into suitcases, lock them all in the trunk, drive back normally and all will be just fine.

rent a sedan that does better milage - even a chevy malibu now does 40mpg, hertz has em, like, a $40 a day. or get a hybrid, will be even cheaper.
any sedan with a trunk that locks, no one will get into it.
 
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Paging @Len-2A Training for inheritance questions.

I spoke to Len last week about some gun inheritance questions I had. He's been real busy with personal family things recently so he's not avoiding, he may just not respond in time.
Sorry for your loss OP, lots of good advice here to heed.
The laws don't always line up with what is actually practical in the real world, but you knew that.
I have a friend helping me with some gun inheritance stuff right now, he exclaimed something that was awkward, funny, and completely true all at the same time:
"dead persons guns are the best kind of guns"
 
I'm getting a crash course in intestate right now, trust me it is all sorts of fun.

I beg all of you, if you care about those you leave behind get a effn will.
And if you live in a tax-heavy state, use a trust for your major assets. The money my parents spent on wills and trusts paid off in spades when my dad died suddenly. If they hadn't prepared and spent that money, the state (MA) would have taken a major bite out of his ass in death. It also avoided probate and everything wrapped up in a matter of weeks.
 
Do all estates go thru probate? This is the first time I’ve ever dealt with this. I had thought things/ownership just went to the spouse? That then made the spouse the executor? I am sure my k owl edge is woefully lacking but it’s what o got to start with.
Thanks for the info.
Not all estates go through probate. Probate is needed if there are title changes that require a court order (real estate not jointly titled or held in trust), and protects heirs from much later claims by creditors.

The key to the inheritance exemption allowing interstate acquisition of firearms by a non-FFL is that the person must be inheriting the firearms. It can be muddy waters if you were not explicitly bequested the firearms, or have the right to them by court ordered and/or statutory rights of succession. The exemption does not apply if an executor gives, transfers or sells the firearms to a person who is not actually receiving them as an inheritance.

If assets are divided by percentage (like 50% to spouse, 25% to each of two children) but no itemization is provided, the stuff taken by those bequestees would be inherited.
 
Not all estates go through probate. Probate is needed if there are title changes that require a court order (real estate not jointly titled or held in trust), and protects heirs from much later claims by creditors.

The key to the inheritance exemption allowing interstate acquisition of firearms by a non-FFL is that the person must be inheriting the firearms. It can be muddy waters if you were not explicitly bequested the firearms, or have the right to them by court ordered and/or statutory rights of succession. The exemption does not apply if an executor gives, transfers or sells the firearms to a person who is not actually receiving them as an inheritance.

If assets are divided by percentage (like 50% to spouse, 25% to each of two children) but no itemization is provided, the stuff taken by those bequestees would be inherited.
I apologize if I’m dense and not getting “it”
If I read that properly his wife is capable of deciding who gets what and how much but that may not be kosher for me receiving the firearms?
 
OP, I'm very sorry for your loss.

Paging @Len-2A Training for inheritance questions.
I'm up to my eyeballs with a very, very sick Wife, so not here nearly as often.

I haven't read all the posts, but there are posts here which give specific Fed Law info on the exemption across state lines. Rob Boudrie also lays it out below.
Not all estates go through probate. Probate is needed if there are title changes that require a court order (real estate not jointly titled or held in trust), and protects heirs from much later claims by creditors.

The key to the inheritance exemption allowing interstate acquisition of firearms by a non-FFL is that the person must be inheriting the firearms. It can be muddy waters if you were not explicitly bequested the firearms, or have the right to them by court ordered and/or statutory rights of succession. The exemption does not apply if an executor gives, transfers or sells the firearms to a person who is not actually receiving them as an inheritance.

If assets are divided by percentage (like 50% to spouse, 25% to each of two children) but no itemization is provided, the stuff taken by those bequestees would be inherited.
Each state has intestate laws for those without a will and it specifies who is entitled to claim assets as "inheritance". As I read the OP, the Wife inherited everything. Whatever she does to distribute the guns in my IANAL reading of BATFE regs must be transferred like any usual transfer between 2 parties and does not get the benefit of transiting state lines without the involvement of an FFL. I'll acknowledge that a lot of folks ignore the law, but it doesn't change what is legal. Sorry.
 
I apologize if I’m dense and not getting “it”
If I read that properly his wife is capable of deciding who gets what and how much but that may not be kosher for me receiving the firearms?

I believe that if the law says his wife gets everything, she can disburse it to whomever she wants. Like, she acts as the de facto executor.
 
Avoid NJ, partly because of the bad laws and more because of the heavy traffic.

I've driven down to Roanoke a number of times and my suggestion is to take I-84 West (avoid Hartford by taking I-691) and then I-81 South to whatever highway you need in SC.

I-81 has a lot less traffic, although more tractor trailers. NY State isn't bad and you are only in MD for maybe an hour.

I will note that VA State police are serious about actively enforcing the speed limits. You're probably ok 5 mph over, any more and you'll probably get pulled over. More than 20 mph over the posted limit or more then 80 mph is reckless driving which is a Class 1 Misdemeanor and a Criminal Offense
 
OP, I'm very sorry for your loss.


I'm up to my eyeballs with a very, very sick Wife, so not here nearly as often.

I haven't read all the posts, but there are posts here which give specific Fed Law info on the exemption across state lines. Rob Boudrie also lays it out below.

Each state has intestate laws for those without a will and it specifies who is entitled to claim assets as "inheritance". As I read the OP, the Wife inherited everything. Whatever she does to distribute the guns in my IANAL reading of BATFE regs must be transferred like any usual transfer between 2 parties and does not get the benefit of transiting state lines without the involvement of an FFL. I'll acknowledge that a lot of folks ignore the law, but it doesn't change what is legal. Sorry.

Thanks for chiming in Len, and hope your wife is better soon.
 
OK I go up and down the east coast constantly

I'll give you my opinion, don't take this as legal advice because it is not

1) take the guns, unload them, bury them in your car, drive home without doing anything stupid that would cause you to get ripped out of your car and the car searched.

2) In theory guns must be specifically willed to you to be allowed to be moved state to state after a death without a FFL involved.

3) guns? what guns?

4) if you are really worried about the legalities bring them north and have them FFL transferred to you

5) if you want to play looser with the law, just file a EFA-10 on them within 7 days of you getting them into MA with no FFL

6) guns? what guns?

Personally I would not fly with them

Came to post exactly this. Discretion is your friend.

Also, sorry for you loss.
 
IANAL, but hypothetically if the magazines were disassembled they would be magazine parts, not magazines. Of course they wouldn't be of much use to you in that condition, and some might say its a grey area. Unless you want to bring them back, then add magazine blocks to them later. YMMV, DYOR
Season 8 Episode 2 Nbc GIF by Brooklyn Nine-Nine
 
like others have said, Put them in a locked case unloaded
Print out the FOPA law
Make sure the vehicle you are taking has been checked,
I do believe the rest area is MM 22 in Conn, Top off, pee, follow 287 to Jersey Pike.
Follow the flow of traffic, Don't stop for anything in nj or ny
Okay to do 5 over with group of cars
should be able to make it to exit 143 in Va. Also a top off on the return trip
Coming back just watch the 95 to NJT interchange; Don't want to end up in phily. Then exit 10 on njt to 287 (gets you around ny city)
Have a good trip
 
SC requires no permit for possession of firearms. Sc DOES require a permit for carry concealed.

FWIW, I think MA recommends, but doesn't require and eFA10 for inherited firearms.

If you decide to drive, taken the western route which avoids NJ.

Did I misread what USCCA posted? for non-residents with a license/permit for a state that South Carolina honors…from state that recognize SC permits… I don’t think that applies here, no? Please elaborate…
 
SC requires no permit for possession of firearms. Sc DOES require a permit for carry concealed.

FWIW, I think MA recommends, but doesn't require and eFA10 for inherited firearms.

If you decide to drive, taken the western route which avoids NJ.
MA does require EFA10 for ANY firearm you bring into the Commonwealth, unless you moved here BEFORE you were licensed.
 
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