out-of-state inheritance?

[sleeplessknight]

So I did some searching in the forums and found a bunch of good information on in-state inheritance, but I wasn't able to find much regarding out-of-state inheritance transfers going in-state. Here's my situation: Unfortunately, my father (a Michigan resident and licensed firearms owner) passed away on Friday morning. His will (which has only been summarized to me, I haven't actually read it myself) basically said that the family gets to 'pick and choose' what we want of his remaining possessions (outside of a handful of named items which go specifically to my stepmother, such as the house, etc), with my brother and I getting 'first choice'. My dad had a bunch of pistols, rifles, etc, and after much discussion with the rest of the family I was hoping to be able to transfer one or two of them to me. However, since I'm a Medford, MA resident, I *think* that's going to be complicated. My stepmother doesn't have the Michigan equivalent of a License to Carry, and the firearms weren't specifically named in my dad's will. What do I do in order to legally transfer the firearms from my deceased dad in Michigan to myself in Mass?

 

[KMaurer]

Sorry to hear about your loss. I'll give you a quick and dirty version of federal law, which I'm certain someone will jump in a savage as being grossly oversimplified, while simultaneously castigating you severly for not finding the information yourself. When your father died, the firearms automatically became the property of the designated heirs. While hears were not designated by name, your father specified a way to determine that, i.e., you and your brother take your pick. All that's necessary is that the executor ship them to you, or let you pick them up on your own. I'd suggest that the later might be simpler; drive there, put them in locked cases and drive back here. Once you get home, you'll need to file the required FA-10s for registration only. This assumes that there are no prohibited AWs among them, and that you have the required MA license for the firearms involved. Neither the EOPS list or the AG's rules are at all relevant to this situation. This is exactly the way I handled it when my father-in-law died several years ago.

Ken

 

[doobie]

sleeplessknight do you currently have a license to possess them in MA? If not that should be your first thing to do. Or make friends with someone on the forum who can store them for you (is this legal or needed?)

 

[Scrivener]

So I did some searching in the forums and found a bunch of good information on in-state inheritance, but I wasn't able to find much regarding out-of-state inheritance transfers going in-state.

Really? And just what part of your in-no-way-unusual situation was NOT included in this thread on THIS forum:

http://northeastshooters.com/vbulletin/showthread.php?t=5804

 

[Knob Creek]

1.) Get your license in Mass to possess them if you already don't.
2.) Drive to Michigan
3.) Load all guns in lockable containers.
4.) Drive home
5.) Live happily ever after and remember the good times with Dad.

 

[Scrivener]

1.) Get your license in Mass to possess them if you already don't.
2.) Drive to Michigan
3.) Load all guns in lockable containers.
4.) Drive home
5.) Live happily ever after and remember the good times with Dad.

So long as interstate transport complies w/FOPA requirements (see # 3), that's the ticket.

 

[sleeplessknight]

Hi Scrivner, thanks for pointing that out That particular thread was... a little too broad and fraught with legalese for me to make much sense out of.

To the others: yep, I definitely have my LTC-A (target and hunting only, though). I'd be happy to just drive them home, but my route takes me from MI through Canada and NY. Can I legally transport the locked firearms through Canada in my trunk? Do I need to declare anything at the border?

--Lee

 

[jdubois]

Can I legally transport the locked firearms through Canada in my trunk? Do I need to declare anything at the border?

Yes, you need to fill out a Non-Resident Firearm Declaration ahead of time, and pay C$25 and have it approved by a border agent when you get to the border. If you are bringing "restricted" firearms into Canada, you must also wait at the border for further approval by the province you are entering. Restricted guns are basically: handguns, ARs, a few others. Large-capacity magazines are prohibited (> 5 rounds for long guns, > 10 for handguns). Most handguns with a barrel less than 4.1" are prohibited. Also .25 & .32 cal handguns, and most SBRs are prohibited. All guns and ammo need to be stored unloaded, in a locked container. You can find more information at this page: http://www.cfc-cafc.gc.ca/factsheets/visitin_e.asp

 

[buketduder]

FYI--In Michigan you DO NOT need a license to own a handgun...or to carry one openly (only in your car or concealed..similair to NH/Maine)....

 

[jdubois]

FYI--In Michigan you DO NOT need a license to own a handgun...or to carry one openly (only in your car or concealed..similair to NH/Maine)....

MI is different than NH/Maine though in that anybody without a MI CCW permit must obtain a license to purchase to buy any handguns in MI, and all handguns must be registered regardless of where they're obtained. I don't think the registration requirement counts for non-residents obtaining handguns within MI, but I'm not sure.

 

[dwarven1]

I'd be happy to just drive them home, but my route takes me from MI through Canada and NY. Can I legally transport the locked firearms through Canada in my trunk? Do I need to declare anything at the border?

Lee, my condolences on your father's passing.

Take the southern route - you do NOT want the headaches of going through Canada.

 

[MetalgodZ]

Lee, my condolences on your father's passing.

Take the southern route - you do NOT want the headaches of going through Canada.

Yep...And call me if you need a driving buddy for that southern route.