Father in-law died - how to transfer his firearms to Louisiana

Lion_Hunter · Nov 7, 2017

Sadly, my father-in-law died recently and the family is trying to give me his firearm collection. I live in Louisiana. I called the MD state police and they stated that the guns have to be shipped from an FFL in MD to an FFL in LA. My understanding of Federal Law is that a private individual can use a contract carrier to ship weapons to an FFL in the destination state. Can't my family just take the packaged guns to FEDEX and ship them to my FFL in LA? Is there a MD law that says private individuals cannot ship firearms to an FFL via a contract carrier? We are just trying to save the FFL fees in MD which may get expensive as there are several firearms to transfer.

I am also assuming that the MD waiting period doesn't apply since I'm taking ownership of the weapons in LA.

Note: I don't know if this matters, but I don't know if the weapons were listed in the will or not yet, so this may be considered a gift as opposed to an inheritance.

Thanks in advance for any advice you may have.

DubTap21 · Nov 7, 2017

I've personally shipped several firearms to out of state FFL's from within MD. There's no law in MD that states firearms must be shipped by a MD FFL to an out of state FFL. As long as the receiving FFL accepts shipments from a private citizen, you should be good to go. IANAL, and this is my opinion based on personal experience.

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sxs · Nov 7, 2017

DubTap21 is correct....BUT, many FFL's will not willingly offer their FFL to a private individual which can complicate things.

iH8DemLibz · Nov 7, 2017

I know the legal owner of a gun who resides in Maryland can ship a gun out of state to an FFL. But in your case, the legal owner has passed on. I don't believe your family/not the legal owners can legally ship those guns.

If they can ship those guns, many out of state FFLs will not accept shipments from private individuals. They will only accept shipments from other FFLs. So that will get expensive.

Sorry for your loss and I hope you can get it figured out. Inexpensively.

swinokur · Nov 7, 2017

Exactly I shipped a Glock I sold to a friend in Atlanta directly to an FFL in GA. Of course I ensured he would accept the shipment from a private citizen prior to shipping. As far as inheritance, Federal law allows a transfer by intestate succession or inheritance without an FFL.

The MSP made up more BS.

IANAL

kalister1 · Nov 7, 2017

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

It appears that the above link says you don't need an FFL at either end?

swinokur · Nov 7, 2017

correct. see my post above yours

iH8DemLibz · Nov 7, 2017

kalister1 said:
https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca

It appears that the above link says you don't need an FFL at either end?

Anything outside of C&R, an FFL will be needed at the other end in another state.

This is assuming the OP has his C&R license.

swinokur · Nov 7, 2017

Um I disagree..

kalister1 · Nov 7, 2017

When a person dies without having a valid will in place, his or her property passes by what is called "intestate succession" to heirs according to state law. In other words, if you don't have a will, the state will make one for you. All fifty states have laws (or "statutes") of this kind on the books.

You don't need a will.

iH8DemLibz · Nov 7, 2017

If true, couldn't the OP drive to Maryland, take ownership here, and save the shipping costs?

kalister1 · Nov 7, 2017

Probably cheaper to drive and a whole lot easier.

swinokur · Nov 7, 2017

swinokur · Nov 7, 2017

kalister1 said:
When a person dies without having a valid will in place, his or her property passes by what is called "intestate succession" to heirs according to state law. In other words, if you don't have a will, the state will make one for you. All fifty states have laws (or "statutes") of this kind on the books.

You don't need a will.

agreed. the FAQ says bequest (will) OR intestate succession. I edited my post to reflect that.

TexasBob · Nov 7, 2017

Many years ago I had to go the FFL to FFL route to get an inherited Colt 45 from Texas to Maryland when I dad passed.

The hardest part was finding an FFL in Maryland that didn't have their head up their A$$, ie my first and mostly last experience with Freds Sporting Goods In Waldorf.

Shortly after that I found MDShooters and the world was my oyster. :cool:

Sounds light a great reason for a road trip!

DubTap21 · Nov 7, 2017

I second or third the road trip option based on info gained here!

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lazarus · Nov 7, 2017

swinokur said:
Exactly I shipped a Glock I sold to a friend in Atlanta directly to an FFL in GA. Of course I ensured he would accept the shipment from a private citizen prior to shipping. As far as inheritance, Federal law allows a transfer by intestate succession or inheritance without an FFL.

The MSP made up more BS.

IANAL

Maryland law matters here.

http://johnpierceesq.com/what-to-do-if-you-inherit-firearms-located-in-another-state/

If MD law says it has to go through an FFL, then it has to go through an FFL.

swinokur · Nov 7, 2017

The BATF FAQ says firearms. Is a handgun not a firearm?

It doesn't say just long guns.

t84a · Nov 7, 2017

What firearms?

Lion_Hunter · Nov 7, 2017

Thank you for all the helpful information

Looks like a road trip is going to be the cheapest way to go. Thank you all for your help on this.

Father in-law died - how to transfer his firearms to Louisiana

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