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Question About Transporting Firearms Across State Lines

5,188 Views | 37 Replies | Last: 6 yr ago by Gunny456
Rydyn
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From the link posted above.

Quote:

2. May I lawfully transfer a firearm to a friend who resides in a different State? Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. 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 recipient's State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for example, a friend visiting you may borrow a firearm from you to go hunting. 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).
skelso
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So this one has been bugging me for a couple of reasons... First, most of us here, myself included, would just pack them in the vehicle and head back to Texas. No one would be the wiser, and they would have a hell of a time proving it anyway. That said, the question of what's legal was posed so I answered what I believed to be the legal answer vs what I would do in the situation. I based my answer on my experience and the FFL guidebook given to me by ATF a few years back. In it, it states there is no exception to FFL transfer across state lines no matter the relationship of the parties nor if it is gifted, sold, etc.

ATF is one of those agencies who changes their position on things, and changes it often at times. The link posted early on in this thread is proof of that as it contradicts what the book declares.

None of this set easy with me so I emailed my assigned field agent the question. He replied earlier today. His reply confirms nothing needs to be done but the reasoning is slightly different than above.

Hope this helps.

Here's what he sent:

As the executor of the estate, the firearms don't belong to her, they belong to the estate and she is selling on behalf of the estate. The "transfer of firearms" doesn't apply in this case. You can check the back of the 2014 Federal Firearms Regulations Guide in the FAQ's (Item #L1, page 207). It is specifically talking about auctioneers, but this scenario would also apply.

If it would ease her mind, she can ask an FFL to do the 4473 when she sells the firearms. The FFL would just check box 32 to indicate a "private party transfer". The FFL would have to log the gun into the A&D book and log it out after the sale.
91AggieLawyer
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Quote:

As the executor of the estate, the firearms don't belong to her

Her being any kind of owner, de facto or otherwise, is the one statement on this thread that keeps getting made that is NOT TRUE. At least in her role as executor.

Non lawyers may be dismissing what ownership legally entails, whether firearms related or not, but I cringed when I kept seeing that comment.
Gunny456
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