• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

It must be in a sticky. MIL in upstate NY has a couple old shotguns in the closet

StevieP

NES Member
Joined
Apr 16, 2009
Messages
10,407
Likes
8,114
Location
Gone to Carolina in my mind...
Feedback: 0 / 0 / 0
asking for a non-member friend. He lives in MA and has an LTC-A.

His father-in-law passed away eight years ago. They lived in upstate NY near Albany. Left a couple shotguns behind, at least one of which is a fine over/under. MIL wishes to get them to my friend as a gift.

I'm sure this has been answered but I didn't see it (yet). If there's a sticky can someone please post the link.

How do they get legally transferred to him? Does he need to go to an FFL (in NY? or MA?) Or can he just e-FA10 them?
 
no idea about NY laws.

federal law states that as long as the long gun is legal in your state of residence you can purchase them out of state and bring them home yourself. transfer in origin state must take place at a FFL.
 
GOAL seems to have it covered here:

http://www.goal.org/masslawpages/inherit.html

If the inheritor is out of state, then have the executor/executrix ship the guns to a licensed dealer in that state OR have the inheritor pick them up directly.

Inherited guns still need to be registered with the state! Inheriting Across State Lines: If a MA resident with an LTC/FID inherits guns from a deceased person out of state, they may go directly and pick up those guns (provided it is lawful for them to possess those guns in that state as a non-resident). Although the federal government prohibits private transfers across state lines, it does make an exception for “direct bequest or interstate succession.” This is especially handy when we are talking about a person inheriting handguns that may not be “MA compliant”. Inherited guns still need to be registered on an FA-10.
 
Here is the problem with your situation - your friend is not the heir of his FIL guns unless he was given them in his FIL will. This makes it not a situation of inheritance (which is better) but of gift. Your friend needs to go with his MIL to a FFL in New York and have them transferred to him on 4473s. Then he can bring them back to MA and register them on FA-10.
 
Since it is across state lines, it will need to go through an FFL

http://www.nssfblog.com/giving-a-firearm-as-a-gift-some-reminders-from-nssf/
There’s no federal law that prohibits a gift of a firearm to a relative or friend that lives in your home state

https://www.atf.gov/content/firearm...ons-unlicensed-persons#gca-unlicensed-acquire
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State
licensee refers to ffl here.
 
Back
Top Bottom