Question about a transfer

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  • Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    Legally, they need to be transferred through an FFL. The long guns can be through an FFL in Indiana, any handguns must be transferred to you by an MD FFL.

    Inheritance, IF THERE IS A WILL, can go directly to you, but you said there was no will.

    From BATF

    To whom may an unlicensed person transfer firearms under the GCA?
    A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

    Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

    A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.

    A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

    [18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    " ...or Intestate Succuession .... "

    Long confusing amswer - The presumptive Heirs under Indiana law , begin the relevant processes for Intestate Sucuession in Indiana . At some point , the Judge will apoint a person as Personal Representative . That person could directly ship it/ them to you accross state lines.

    Even our members who Are lawyers , probably aren't up to speed with Indiana Estate Law .


    Simple - IF absolutely everyone involved , or potentially involved is on the same page , and the Estate is of such ( non) size, and (non) complexity , that the unanimous consensus is for minimal time in Court , it becomes quite simple .

    A plausible close relative ( widow , oldest offspring , etc ) takes de facto possession of the miscellaneous non- Real property . That person then ships the Pistol to your FFL , with him/ her as the seller/ transforer . Your end would proceed as typical sale/ transfer .

    Nobody said it yet in this thread . That pistol IS C&R , and thereby HQL is not required by you .

    As far as I know , Indiana remains Free America , doesn't have Registration , doesn't restrict private sales , so there very well might legitimately be no " paperwork " for it .
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Yeah, the problem is it wasn’t left to anyone. He had no will. He also never had it registered himself, from what I can tell.

    Indiana does NOT require registration of ANY firearms. Neither does the federal government, so don't worry about that, it's not an issue.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    What if there is no current paperwork in the gun? At least none that we’ve found yet.

    There doesn't need to be any paperwork, transfers on the 4473 weren't required until 1968. There does not need to be any proof of ownership for them to be legally transfered.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    " ...or Intestate Succuession .... "

    Long confusing amswer - The presumptive Heirs under Indiana law , begin the relevant processes for Intestate Sucuession in Indiana . At some point , the Judge will apoint a person as Personal Representative . That person could directly ship it/ them to you accross state lines.

    Even our members who Are lawyers , probably aren't up to speed with Indiana Estate Law .


    Simple - IF absolutely everyone involved , or potentially involved is on the same page , and the Estate is of such ( non) size, and (non) complexity , that the unanimous consensus is for minimal time in Court , it becomes quite simple .

    A plausible close relative ( widow , oldest offspring , etc ) takes de facto possession of the miscellaneous non- Real property . That person then ships the Pistol to your FFL , with him/ her as the seller/ transforer . Your end would proceed as typical sale/ transfer .

    Nobody said it yet in this thread . That pistol IS C&R , and thereby HQL is not required by you .

    As far as I know , Indiana remains Free America , doesn't have Registration , doesn't restrict private sales , so there very well might legitimately be no " paperwork " for it .

    The question I would have is what the Federal law actually says.

    If the law specifically states that a will is required, then I would think without a will, it would have to be transferred through an FFL.

    But, like most legal things, it depends on the exact language.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,884
    That's what I was very roughly paraphrasing .

    For * Actual Inheritance * , under Federal Law , the Estate may directly transfer accross State Lines . Maryland law also allows for Estates to disperse Firearms , even those otherwise Banned under FSA 2013 .

    My primary intended takeaway , was that if the Estate would otherwise be satisfactorily handled without going through formal Probate, instead of going through the Probate process Just to save a transfer fee , it is cheaper , and all around more expedient to simply do a conventional transfer .
     

    Johnny5k

    Ultimate Member
    Nov 24, 2020
    1,021
    The question I would have is what the Federal law actually says.

    If the law specifically states that a will is required, then I would think without a will, it would have to be transferred through an FFL.

    But, like most legal things, it depends on the exact language.

    intestate succession literally means inheriting without a will. That is the definition and I presume, it is why he pulled those words out specifically.

    IANAL, but I am dealing with an intestate succession issue right now.
     

    mauser58

    My home is a sports store
    Dec 2, 2020
    1,757
    Baltimore County, near the Bay
    Does he need an HQL qualification? I am thinking even just a transfer they have to go through the same process as being sold to you. I would check into it if you dont have your HQL. If you need it and dont have then your pistol will be in limbo and they wont let you have it.
     

    dblas

    Past President, MSI
    MDS Supporter
    Apr 6, 2011
    13,087
    Does he need an HQL qualification? I am thinking even just a transfer they have to go through the same process as being sold to you. I would check into it if you dont have your HQL. If you need it and dont have then your pistol will be in limbo and they wont let you have it.

    Inheritance is HQL exempt.
     

    Pinecone

    Ultimate Member
    MDS Supporter
    Feb 4, 2013
    28,175
    intestate succession literally means inheriting without a will. That is the definition and I presume, it is why he pulled those words out specifically.

    IANAL, but I am dealing with an intestate succession issue right now.

    Yeah, but the BATF page specifically states will.

    I am not interested in taking the time to read the actual US Code.
     

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