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Sending inherited Gun
Radar
Member Posts: 2,308 ✭✭✭
A friend of mine that passed away last month had a great Luger that he brought back from WWII and its going to go to a nephew i think, but i got to thinking,how do they get the pistol to him ?He lives out of state so does the lawyer send it in the mail or ups to him or does it have to go thru a FFL and then have paperwork made out on it ?
Comments
And fiery auto crashes
Some will die in hot pursuit
While sifting through my ashes
Some will fall in love with life
And drink it from a fountain
That is pouring like an avalanche
Coming down the mountain
now, there clearly exists loopholes in states that have no registration(i.e. you can go to a friends house in another state, buy a long gun and take it home with you. you could theoretically do the same with a pistol if you were both willing to lie that the transfer took place in the recipients state).
if the gun is going to cross state lines while not in the possesion of the owner(i.e. mailed/shipped) then it must be received by an ffl or the sender himself; which presents another loophole, albeit an illegal one. i can legally mail a gun to myself care of another party for a "hunting trip" as long as he doesnt open the package. that hunting trip could theoretically be cancelled and the receiver could then buy then gun from me. again, its illegal but as long as we were both willing to swear that the transfer took place in the receiving state face to face, it would appear to be legal.
most of this is theoretical loopholes to get around the various laws. almost all of what i have just said constitutes a felony and my gun right arent worth saving 50 or a 100 buck in shipping and transfer fees and the generation of a 4473.
Brad Steele
See ATF P5300.4, page 42.
Neal
EDIT: Shippers' rules still apply. For a handgun it must go UPS or Fedex Next Day Air; both carriers have a "...or any other lawful shipment" provision in their tariff. I would do it the same way I always do: Take the package to my hub & truthfully declare the contents. Never had a problem, never had them question who does or does not have an FFL. If they DO question it, just declare it as "firearm for repair". Your only legal obligation is to declare the contents; whether it is legal or not is on you, as always.
As long as the nephew can legally possess the gun in his own state, the executor of the estate can either ship the gun directly to him, or permit him to pick it up. No FFL is required.
See ATF P5300.4, page 42.
Neal
After that, the shipping company's rules mix things up, don't they? Since the USPS only accepts pistols between FFL holders, that's out. Both UPS and FedEx only deliver guns to dealers, long gun or hand gun.
The only exception I've run into is between a manufacturer and customer, as in warranty shipments.
Laws are wrong, but private property owners can make up lots of rules for their premises, trucks and airplanes.
www.atf.gov/publications/download/p/atf-p-5300-4.pdf
and scroll down to page 42 and read subsection 478.30 (a)
Good to know, since I have some elderly relatives who own guns that may need to be shipped to the beneficiaries. Thanks for the tip. [:D]