November 6th, 2011 08:45 AM
Gun Ownership Transfer AD
OK, here's my second question.
I'm not planning on "checking-out" anytime soon but, when I transition to the big shooting range in the sky, how do my sons legally take ownership on my handguns?
As pointed out in my previous question they both reside in Pennsylvania and are both CCP holders. My handguns are in Florida. Can they simply take possession of them and take them home? Does an FFL need to be involved in transferring ownership or would a copy of both the Death Certificate and Will be sufficient? We obviously DO have the same last name.
So, even if my handguns are bequeathed in my will do the Feds have to be involved to make the "transfer" legal?
Has anyone "inherited" any handguns from their father's estate? How did you handle any federal paperwork transferring ownership? God! Things used to be so much simpler in The-Good-Old-Days.
Illegitimus Non Carborundum
November 6th, 2011 09:12 AM
Death Cert & will should be sufficient. The only time an FFL might need to be involved is if your state requires the registration of your firearms. There is no Federal registration of ownership, so there is really no reason for the Federal govt to be involved at all. You are not really "transferring" ownership; upon your demise, your property becomes the property of your heirs.
I am not an attorney but have served as executor on several interstate estates.
"If you make something idiot proof, someone will make a better idiot."
November 6th, 2011 09:51 AM
There is no need for an FFL to make the transfer lawful.
Originally Posted by Quiet1
18 USC 922 (a)(3)(a) says:
It would be prudent, I suspect, for a person performing such a transfer to have a copy of the necessary documents to prove that the former owner is deceased and that the firearms were bequeathed to them.
(It shall be unlawful) (3) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector to transport
into or receive in the State where he resides (or if the person is a
corporation or other business entity, the State where it maintains a
place of business) any firearm purchased or otherwise obtained by
such person outside that State, 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
With the usual caveats that I am not an attorney and this is not legal advice. If you have questions you should consult an attorney, yadda yadda yadda.
Battle Plan (n) - a list of things that aren't going to happen if you are attacked.
Blame it on Sixto - now that is a viable plan.
November 7th, 2011 08:52 AM
Thank you to both of you for your excellent responses. You have answered my question completely and absolutely. And, thanks to MattInFla for including specific paragraph from the code that precisely addresses the issue. I'm going to print that response and put it in the folder that contains my will.
Thanks again guys. This is a great forum!
Illegitimus Non Carborundum
November 7th, 2011 09:05 AM
To put it simply, it's none of the goverments business, and lets keep it that way!!
" The beauty of the second amendment is that it will not be needed until they try to take it." Thomas Jefferson
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