Nh resident transfer of rifles to non-resident family member

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Father in law who lives in NH wants to transfer ownership of rifles to son-in-law before he passes.
what is the best way to do this?
I suppose an FFL is involved.
Is it legal?
The recipient is eligible to buy and own firearms and holds CCW in other states.

Any ideas? Thank you.
 
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I'm assuming you meant that everyone is 100% legal and there's no problems with owning or buying guns for the son-in-law.

If the son in law is a New Hampshire resident, he can just hand the gun over. Nothing else is required.


1) Why before? If he dies and puts them in his will, the executor of the will can simply hand the rifles to the son-in-law. No FFL involved

2) If he wants to do it now, he can just use a NH FFL with the son-in-law. If that doesn't work because the NH FFL is spooked, he and the son-in-law can drive to an FFL in the son-in-law’s state and do the transfer there.

I didn’t read the sub-forum name, and made a stupid assumption that the son-in-law is on MA.

The only sticky bit is the rifles have to comply with Mass's AWB, including magazines. If they're not "Assault Weapons" this is a no-brainer.
 
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I suppose an FFL is involved.

Yes.

Is it leagal?
the recipient is illigible to buy and iwn firearms and is a CCW in other states.

These are two different things. IF the recipient is an FPP and can't pass a fed background check (eg, buying a gun from a gun shop) this whole thing is a non starter, and you guys are
going to need to find someone else, unless you want the recipient setting themselves up for a trip to jayle (unlikely, but not impossible).
 
I'm assuming you meant that everyone is 100% legal and there's no problems with owning or buying guns for the son-in-law.

1) Why before? If he dies and puts them in his will, the executor of the will can simply hand the rifles to the son-in-law. No FFL involved

2) If he wants to do it now, he can just use a NH FFL. If that doesn't work because the NH FFL is spooked, he and the son-in-law can drive to a MA. FFL and do the transfer there.

The only sticky bit is the rifles have to comply with Mass's AWB, including magazines. If they're not "Assault Weapons" this is a no-brainer.
How did MA suddenly become involved in this?
 
As @PatMcD said do not involve an FFL for this transaction, use a will.

Under Federal law, an individual may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.

Read paragraph two, pick the one you want now and the ones you’re willing to wait for and I think you know what to do.
 
As @PatMcD said do not involve an FFL for this transaction, use a will.

Under Federal law, an individual may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.

Read paragraph two, pick the one you want now and the ones you’re willing to wait for and I think you know what to do.

To add, there's also the option of a gun trust. If we're talking about more than say three, four, or five guns, or the guns are worth a good amount, a trust might be the way to go.
 
In that situation, what happens if you loan a firearm to someone, then pass away?
If they put it in the will and you already have it on loan, you have to do NOTHING . . . it is yours at this point.

If there is no will, then it belongs to the estate and legally must go thru probate in accordance with the interstate laws where the person died. Not a desirable way to deal with it.
 
Eligible or ineligible?
Sorry, it was early and was not wearing my glasses. We have really gotten into the weeds and it is my fault…my wife also asked what MA has to do with any of this.

Anyway….We just want to transfer ownership of the long rifles to my name or my wife’s, we are not NH residents…just wondering if you have to be a NH resident.

We are both eligible to own, buy and carry firearms though that is not a factor.

MY QUESTION: In New Hampshire, can an out of state citizen take possesion or ownership of firearms, through an FFL, from a family member?

The firearms would most likely remain in the safe in NH, but screwing around with firearms after someone passes seems to get really complicated really fast. So to transfer ownership is like $35 per firearm?

Any one know?
 
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Yes.



These are two different things. IF the recipient is an FPP and can't pass a fed background check (eg, buying a gun from a gun shop) this whole thing is a non starter, and you guys are
going to need to find someone else, unless you want the recipient setting themselves up for a trip to jayle (unlikely, but not impossible).
Sorry, there was a stupid typo… eligible….of course.
 
Sorry, it was early and was not wearing my glasses. We have really gotten into the weeds and it is my fault…my wife also asked what MA has to do with any of this.

Anyway….We just want to transfer ownership of the long rifles to my name or my wife’s, we are not NH residents…just wondering if you have to be a NH resident.

We are both eligible to own, buy and carry firearms though that is not a factor.

MY QUESTION: In New Hampshire, can an out of state citizen take possesion or ownership of firearms, through an FFL, from a family member?

The firearms would most likely remain in the safe in NH, but screwing around with firearms after someone passes seems to get really complicated really fast. So to transfer ownership is like $35 per firearm?

Any one know?
First off, how do you transfer something "to your name?" It's not a car; it has no title.

If you are not NH residents, you can take the rifles to a NH FFL and he can transfer them to you provided 1) you're not prohibited persons, and 2) they are legal to own in your state of residence (this is where the MA comment fit in, albeit obliquely). You don't say of which state you're a resident, so presuming it's not NY, NJ, MA, or some other state that might throw up state-level roadblocks to ownership, you should have no problem. If, for example, you're a PA resident, you can go to a NH FFL where he will run a NICS and transfer the weapons to you, family member or not.

Depending on the FFL and the number of guns, you might be able to work a "bulk deal," and avoid paying x number of transfer fees.

All that said, if your FIL just puts them in his will, they will pass to whomever without any hassle. The owner just shows up and picks them up. No FFL required.
 
Welcome to the forum. One non-legal question comes to mind: is your wife the only heir, or are there others who could potentially object to your acquiring the guns prior to Dad's passing? If so, it might be wise to go through an FFL and keep the receipts to show that Dad wanted you to have them. Or have him bequeath them specifically in his will. Having a paper trail with Dad's signature would be clear testimony to his intent.
You didn't mention your home state or the number or type of rifles, all of which would affect a decision of how to proceed with a transfer, either formal or informal.
 
First off, how do you transfer something "to your name?" It's not a car; it has no title.

If you are not NH residents, you can take the rifles to a NH FFL and he can transfer them to you provided 1) you're not prohibited persons, and 2) they are legal to own in your state of residence (this is where the MA comment fit in, albeit obliquely). You don't say of which state you're a resident, so presuming it's not NY, NJ, MA, or some other state that might throw up state-level roadblocks to ownership, you should have no problem. If, for example, you're a PA resident, you can go to a NH FFL where he will run a NICS and transfer the weapons to you, family member or not.

Depending on the FFL and the number of guns, you might be able to work a "bulk deal," and avoid paying x number of transfer fees.

All that said, if your FIL just puts them in his will, they will pass to whomever without any hassle. The owner just shows up and picks them up. No FFL required.
Yes, we have a friend who owns a shop and the idea of a bulk deal is appealing. The will route specifically lists the firearms, but i think going through an FFL makes the most sense all the way around…big thanks!
 
Welcome to the forum. One non-legal question comes to mind: is your wife the only heir, or are there others who could potentially object to your acquiring the guns prior to Dad's passing? If so, it might be wise to go through an FFL and keep the receipts to show that Dad wanted you to have them. Or have him bequeath them specifically in his will. Having a paper trail with Dad's signature would be clear testimony to his intent.
You didn't mention your home state or the number or type of rifles, all of which would affect a decision of how to proceed with a transfer, either formal or informal.
I think you guys have reinforced the idea of going through an FFL. Paper work and a paper trail. We shoot all kinds of guns, but my FIL enjoyed reloading and target practice with rifles. Really nice rifles of calibers i am not familiar with, maybe .243, 7mm, .308, .223, 45-70, 9mm, iforget…there was a weatherby and a 30 cal….he was a meticulous reloader. Did not hunt but ballistics was fun for him and achieving a tight grouping was his fun! We have another home in Va.
 
Anyway….We just want to transfer ownership of the long rifles to my name or my wife’s, we are not NH residents…just wondering if you have to be a NH resident.

We are both eligible to own, buy and carry firearms though that is not a factor.

MY QUESTION: In New Hampshire, can an out of state citizen take possesion or ownership of firearms, through an FFL, from a family member?

The firearms would most likely remain in the safe in NH, but screwing around with firearms after someone passes seems to get really complicated really fast. So to transfer ownership is like $35 per firearm?

You're being a little imprecise with your language.

Outside of Mass. (where laws are written super stupidly) "firearm" means any kind of thing that goes 'bang' and expels a projectile, or the receiver of that thing. People generally say, "the serialized part is the firearm", but that's not strictly true because there was no legal requirement to serialize guns before 1968, and there's a lot of un-serialized guns out there that are 100% legal, and count as firearms.

But if you mean "long gun", or "rifle or shotgun", and not "firearm". I'm leaving NFA items like SBRs and machineguns aside because they're weird and don't apply here.

I make this distinction because it's illegal for an FFL to transfer a handgun to someone to is not a resident of the same state as the FFL.
However, it's totally legal for an FFL to transfer a rifle or shotgun to a resident of another state.

So as long as you only mean "rifles" (like the thread title says) and not "firearms" (like you say in many posts) it's totally OK for a NH FFL to transfer them to you.

One more caveat: FFLs are prohibited from transferring anything that would be illegal for the recipient to possess in his/her home state; the FFL might not want to make that judgement and just say, "nope, not gonna play with you." e.g.: if someone from NY or MA or NJ wanted to buy or have transferred to him an AR15, a NH FFL would likely say "nope, not gonna, not worth the risk." A paranoid one wouldn't transfer anything to a NY, NJ, or MA resident in an abundance of caution. (even though it could be totally legal)

If you live in a sane state that has no restrictions on rifles, this shouldn't be a problem.
 
You're being a little imprecise with your language.

Outside of Mass. (where laws are written super stupidly) "firearm" means any kind of thing that goes 'bang' and expels a projectile, or the receiver of that thing. People generally say, "the serialized part is the firearm", but that's not strictly true because there was no legal requirement to serialize guns before 1968, and there's a lot of un-serialized guns out there that are 100% legal, and count as firearms.

But if you mean "long gun", or "rifle or shotgun", and not "firearm". I'm leaving NFA items like SBRs and machineguns aside because they're weird and don't apply here.

I make this distinction because it's illegal for an FFL to transfer a handgun to someone to is not a resident of the same state as the FFL.
However, it's totally legal for an FFL to transfer a rifle or shotgun to a resident of another state.

So as long as you only mean "rifles" (like the thread title says) and not "firearms" (like you say in many posts) it's totally OK for a NH FFL to transfer them to you.

One more caveat: FFLs are prohibited from transferring anything that would be illegal for the recipient to possess in his/her home state; the FFL might not want to make that judgement and just say, "nope, not gonna play with you." e.g.: if someone from NY or MA or NJ wanted to buy or have transferred to him an AR15, a NH FFL would likely say "nope, not gonna, not worth the risk." A paranoid one wouldn't transfer anything to a NY, NJ, or MA resident in an abundance of caution. (even though it could be totally legal)

If you live in a sane state that has no restrictions on rifles, this shouldn't be a problem.
Thanks for all that…The OP title says rifle(s). Your fourth paragraph is what I was looking for and what I suspected. Thanks for responding!
 
Maybe not similar, but an out of state manufacturer just told me that he can sell and ship me a rifle not manufactured by him as a private sale.
It is a pre-94 .22lr SA rifle if that makes a difference. ??
 
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Maybe not similar, but an out of state manufacturer just told me that he can sell and ship me a rifle not manufactured by him as a private sale.
It is a pre-94 .22lr SA if that makes a difference. ??
Based on the information provided, he cannot do that legally. Interstate transfer of a firearm requires an FFL-holder at your end.
 
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