OK, just needed to clarify the distinction wrt FFLs. Many here think that if the gun is merely being transferred thru a dealer (gift, inheritance, etc.) as opposed to "sold", that the rules are different for the dealer and that isn't the case.
-
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.
question answered
- Thread starter Klal
- Start date
OK, just needed to clarify the distinction wrt FFLs. Many here think that if the gun is merely being transferred thru a dealer (gift, inheritance, etc.) as opposed to "sold", that the rules are different for the dealer and that isn't the case.
See the 1st quote in this post. That should answer your question. It seems that he was not named to inherit them but the heirs are willing to let him have them. Thus, he has to follow the laws wrt interstate transfer of firearms like any normal transaction.
US Code 18 chapter 922 is the applicable law for possession and interstate transportation. and section a(3) covers the situation of 'intestate succession'.
It is not the heirs that are giving him the guns it is the executor. The guns were not bequeathed to anybody.
Last edited:
Thus to him it isn't an "inheritance" . . . which could go direct without any FFLs.
Sorry but executor is responsible for settling the estate. If the executor is giving him the guns he is either (1)be-questing them to him as part of his execution of the will and or (2)he is stealing them from the estate.
The applicable federal law covers (1). I'm not sure what you are calling "an inheritance". The executor is is responsible for dispersing the assets remaining in the estate after all debtors have been paid. according to the NH Bar Association Those assets are to be distributed "to the people or organizations named in the will or those entitled to inherit under state law." SO I guess in NH it would qualify as an inheritance.
I don't think your assessment of "inheritance" would fly in MA. I agree with the definition generally.
- The 1st part of your definition is what I've been saying all along . . . named in the will. My position is NOT that a particular gun has to be listed, but if the will said merely that "my personal property is to be distributed equally between John Smith and Mary Smith" would suffice to make it legal.
- The 2nd part is usually (IANAL, so it is my understanding) used for "intestate" (dying without a will) and each state has a set of rules for succession of property in that case. Again if that is the case and the person involved is one of the listed categories, it would be inheritance.
We do not have information in this case to support either scenario, thus my response addresses the conservative answer with not enough base information to prove differently.
- The 1st part of your definition is what I've been saying all along . . . named in the will. My position is NOT that a particular gun has to be listed, but if the will said merely that "my personal property is to be distributed equally between John Smith and Mary Smith" would suffice to make it legal.
- The 2nd part is usually (IANAL, so it is my understanding) used for "intestate" (dying without a will) and each state has a set of rules for succession of property in that case. Again if that is the case and the person involved is one of the listed categories, it would be inheritance.
We do not have information in this case to support either scenario, thus my response addresses the conservative answer with not enough base information to prove differently.
Can't the executor of the estate dispense items not detailed in a will. Of course any party involved could protest. If the executor of the estate deemed a specific items was going to billybob and does what ever legal paper work can this be considered Inheritance?
I went through a mess with my brother and Father , not having their effects in order before their death. So I'm making it easy for my wife. She gets all of what I leave behind and can dispose of in anyway she deems fit. I try to update the approx value of my stuff ( not much) and told her to sell it all to any of my surviving friends.
I went through a mess with my brother and Father , not having their effects in order before their death. So I'm making it easy for my wife. She gets all of what I leave behind and can dispose of in anyway she deems fit. I try to update the approx value of my stuff ( not much) and told her to sell it all to any of my surviving friends.
Mac, in your case (like mine is set up too), your Wife "inherits" all the guns. If she seeks to otherwise dispose of them to others, it is a normal transfer and has to meet the laws for same.
Understand the conservative approach. The approach I am taking is that MA law requires him to register the firearms within 7 days of bringing them into the state. How he gets them under NH probate has nothing to do with MA law. As I stated before if the executor is giving him the guns as part pf his disposition of the estate then he should be covered. If there is any illegality it is on the part of the executor. If the will said "all assets 100% to my wife..son...etc.." Then it should be the wife giving them to him not the executor and that is not an inheritance.
