This has probably been asked before and if someone will point me to that thread, I would appreciate it. My uncle (mother's brother) recently passed away in Florida. My mother is the executor of the estate. My uncle apparently had a lot (don't know how many) of guns, that my mother is planning to drive home to Texas and then sell.

Is she in an legal jeopardy in doing so, or are there any steps she needs to take to avoid breaking any laws?

Thanks for any advice.

No, nothing needs to be done.

There is no federal regulation that would limit transfer or legally owned firearms across state lines.

At a minimum, I would have something that transfers ownership from the estate to her. But I'm not a lawyer, and she should definitely consult with one.

Thanks to both of you. I don't believe she will be taking ownership, but rather selling on behalf of the estate. Depending on what they are, you may end up seeing them here!

Don't take a route that goes through New Jersey.

She'll be driving through Alabama, Mississippi, and Louisiana. She'll be fine.

And when she gets back to Texas, she can always sell them on the OB.

I dont think so. You could go to another state and purchase a gun face to face with an individual and the drive home with the gun. A few states have some strict requirements of residents and a few have strict requirements for transport. None that she will be traveling through though.

Maybe a better way to think of it is if a friend gave you a gun as a gift while you were visiting them in Florida there wouldn't be any type of paperwork to fill out or ffl transfer. With these being from a deceased person how could some that is dead transfer them to someone else.

Once she returns to Texas and the firearms are in her custody and control, she "owns" them. There are no titles or registration of ownership (in the states we are talking about) unless NFA devices are a part of the deal...in which case lots of other rules apply.

She is then free to sell them to any Texas resident that wants to buy them.

You literally can't leave your house without violating some federal law at some point.

As the executor of the estate I would think that she is now the legal owner of the firearms and, unless otherwise specified in the will, can do whatever she wants with them. If you live in Florida and land a job in Texas you pack your property up and move.This would be the same. I'm guessing that the plan is to sell them and split the proceeds with other family members is that correct?
I don't know how many firearms she would be bringing back but my biggest problem would be having to stop and spend the night along the way and having to leave a vehicle outside with a trunk full of guns. I drove from CS to Panama City, FL in 11 hours a few years ago. If your going farther south like Miami you can add another six hours to the trip.

Agree with Alte

Quote:

---

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. See 18 U.S.C. 922(a)(5).

---

From the same link you posted. His mother is perfectly legal to accept the firearms as a family member of the deceased and does not need to complete any kind of transfer.

JJMt said:

---

Lots of legal opinions on here. Are any of you guys lawyers with expertise in firearms law? I would encourage the OP not to rely upon the legal advice of Internet posters.

---

I quoted the link you posted from the ATF. I don't need to be lawyer to know you aren't going to jail for inheriting firearms and once you have inherited them you can legally transfer them anywhere you want.

I need to get a lawyer to possess and sell guns in a non registered state....interesting.

You're right I'm not a lawyer and don't intend OP to take my statement as legal advice.

That said I wouldn't have any problem at all transporting the firearms of my dads from Florida to Texas and selling them here if that's what I chose to do.

I don't know how the fair labor association (FLA) is going to assist in selling firearms. Maybe one in the FFLs in the board will chime in with their thoughts.

JJMt said:

---

You seem to be missing two key points:

1. She's not inheriting. The OP said she'd be selling as executor of the estate.

2. Even if she does inherit, she still can't "sell them to whoever" she wants without the assistance of an FLA, I think. Specifically, she may not sell or transfer them to residents of another state without the services of an FLA, I think.

---

Im not a lawyer but I am an FFL with 25 years experience dealing with transfers in Texas.

Assuming the firearms are all title 1 firearms:

1) The OP can legally take possession of the firearms in FL as long as it isnt prohibites in some way by FL state law.

2) The OP may transport from FL to Texas with no concern.

3) The OP may sale or otherwise distribute the firearms in accordance with the provisions of the will A) In face to face transaction with any resident of Texas not prohibited from owning that firearm or B) To any buyer in another state, not prohibited from owning the firearm, by use of an FFL in the BUYERS state.

Note: it is legal for an individual to ship a firearm to an FFL in another state for them to do the transfer. However, FFLs are not required to receive firearms from individuals and some refuse to do so. In that case, the OP would need an FFL in Texas to ship to the FFL out of state.

JJMt said:

---

And that's a completely different fact situation than that posed by the OP.

And although you may not have any problem withit, you may be committing a crime if you do.

---

Not really I substituted Dad for Brother. I would have no problem transporting my brothers guns to Texas as executor if his will and selling them here.

CT'97 said:

---

JJMt said:

---

Lots of legal opinions on here. Are any of you guys lawyers with expertise in firearms law? I would encourage the OP not to rely upon the legal advice of Internet posters.

---

I quoted the link you posted from the ATF. I don't need to be lawyer to know you aren't going to jail for inheriting firearms and once you have inherited them you can legally transfer them anywhere you want.

---

This is correct. I've been buying, selling, gifting and trading firearms for the last 50 years and have a Federal (C&R) Firearms license. I don't consider myself an expert in firearm law but I believe I am as well versed on the subject as any layman can be. Being the executor has no bearing on her residency. She has a Texas DL and probably owns property in Texas. The firearms are hers. She can bring them to Texas sell them and, if stipulated in the will, evenly split any money from the sale of the firearms with other relatives or other persons named.

Over the years I have inherited firearms from my father, father in law and brother. I sold or traded away all but one. During the past five years I have sold probably close to 30 firearms through the TexAgs Classified board.and have never had a problem, have met some really great people and It's easy to vet someone on TexAgs.

Federal Law and Texas law requires that for private face to face sales you must reasonably assume the person buying the firearm is a Texas resident, over 18 and legally able to posses a firearm. I don't sell to anyone under 21. Seal the deal with a hand shake and walk away.

JJMt said:

---

I suspect you are right, but do have one question. Wouldn't the executor of a Florida estate be considered to be acting on behalf of the estate, and thus a resident of Florida for federal firearms purposes?

---

As stated, I am not a lawyer and thus dont know the ins and outs of estate law nor any state laws in FL.

To clarify my earlier statement: "legally take possession in FL" means the OP needs to have a FL FFL transfer the firearms to her on a form 4473. This is necessarry because they are being transferred from the deceased owner who was a FL resident to the OP who is a TX resident.

Once in TX, the OP would dispose of by face to face or FFL transfer as dictated by BATF regs.

Thanks to everyone posting here. Seems like her best bet might be taking them to an FFL in Florida and selling them there on behalf of the estate. Other than that, seems like I/she need to get some legal advice before doing anything else.

You are wrong and it sounds like you are just making stuff up. There are a lot of people on this forum who are experts who have been through this process, please listen to what they are saying.

Once the OP's mother takes possession of the firearms they belong to her regardless of what state they originate from. There is nothing that needs to be done for an inheritance, literally it's a family decision and requires no legal action. If the family wants to they can put something in writing that lists the firearms and says who they were given too, but that's not required. They are hers by inheritance and she can bring them back to Texas and do with them as she see's fit.

Big Shoulders said:

---

Thanks to everyone posting here. Seems like her best bet might be taking them to an FFL in Florida and selling them there on behalf of the estate. Other than that, seems like I/she need to get some legal advice before doing anything else.

---

That is not true. She can take possession of the firearms and bring them back to Texas herself. Once she takes possession in Florida they belong to her legally. As a resident of Texas she can legally drive them back home and do with them as she see's fit.

Except that they do not and will not belong to her. She will be taking possession on behalf of the Florida estate. She will never be the owner of the firearms, but will be acting as an agent of the owner (the estate). Maybe that is a difference without distinction.

Big Shoulders said:

---

Except that they do not and will not belong to her. She will be taking possession on behalf of the Florida estate. She will never be the owner of the firearms, but will be acting as an agent of the owner (the estate). Maybe that is a difference without distinction.

---

As a family member who is also the executor of the estate she is already the defacto owner of the firearms and the simplest way to sell them is to simply bring them back to Texas. I have been through this with a grandfather who passed away and we had to distribute his firearms. Many of which ended up in my gun safe, but some of which were sold and some moved to other family in other states. We researched this, I'm not making this stuff up.

OP: A business that sells firearms has to make a profit so if the decision is made to sell them at a licensed gun dealer you can expect offers from around 50% to 70% of their actual worth. If your lucky. If your goal is to just get rid of them that may be they way to go but if you want to increase your profits the private individual sales are your best option.
I know you probably know this but some firearms that originally sold for say $200 30 or more years ago can easily sell for 3-4x that amount or more depending on condition of course. People that collect certain firearms will pay a premium for something they really want.
It's perfectly legal for your mother to bring those firearms to Texas and I would be more than happy to help you grade and price them if you need it.

Thanks again to all that have weighed in here. Alte Schule, I will likely take you up on your offer.

And CT'97, thank you for your continued investment I this.