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Is FFl needed
bs233jl
Member Posts: 623 ✭✭✭
When a gun owner passes, what are the laws for disbursement of these items? Verbal gift before passing ?
Comments
What State?
See this comment in another thread about shipping (https://forums.gunbroker.com/discussion/1911767/is-this-guy-right-about-shipping#latest)
...there is one circumstance where Federal law permits a firearm to be shipped by a NON-FFL to a NON-FFL across a state line legally. US Code 18.922 C (3)
"except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, "
That means the Executor of an estate can ship an inherited firearm if it is a legal firearm in the destination state. FFL not required.
🇺🇲 "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson 🇺🇲
Sorry it is Florida.
Not sure about FL. I know in NJ, the spouse may keep the guns, but they must have a FOID card or obtain one in 6 months. They also have to be legally transferred by an FFL. If they do not have an FOID card or obtain one, they must legally sell the guns through an FFL, or turn them over to the state. We went through this 2 years ago, when my cousin died and had an extensive collection. She ended up selling all the guns through an FFL. She transferred several guns to me to hold, for her underage grandson.
My father was with the NJ Police and a few years after he died the police knocked on my mothers door wanting the gun. She told them I had the gun and they were all upset because they thought I lived in NY but when she told them I was living in PA they calmed down and I filled out a form that said I was the new owner and living in the free state of PA.
you guys need to move to Texas.
No FFL transfer needed here. I bet when I die there will be some relatives just waiting to scoop things up.
Gonna get a lot of GB Forum “cousins” crawling out the woodwork! 😀
🇺🇲 "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." - Thomas Jefferson 🇺🇲
Just take them home and shut up
Yup........
A "verbal gift before passing" is an "intestate succession". Intestate means without a will. That is the Federal law. Beyond that you have 50 states that can be a lawyer's dream.
My Dad passed away without a will. I was the next of kin. Traveled to Virginia, packed up his pickup, deer rifle, .357 and his Stetson. After the funeral, drove home with them. Don't try that in CA, NJ or NY.
In FL you can take them, keep them or legally sell them as an estate without the need for an FFL to people that can show Florida residence .
If you sell them online you must ship a long gun to an FFL and you must have an FFL ship a handgun to another state's FFL
You are not required to notify anyone when you legally take possession as long as you are legally able to own and posses a firearm
"Fools learn from their own mistakes. I learn from the mistakes of others"
Otto von Bismarck