Grandpa's guns

[Shive.Justin]

So I just found out yesterday that my grandpa has at least 1 gun. I was always under the impression that he never had any. He has had the early stages of Alzheimer's for a while now, and has a hard time remembering things. My question is this, what are the "rules"/laws regarding acquiring a gun passed down from him? Would it be like a private sale, minus the money?

Thanks in advance.

 

[eldirector]

He can simply give it to you. I have received several firearms as "gifts" from family. No peperwork, no transfer, no fees, just "this is now yours" and "Thanks, Grandpa."

 

[Easy1]

If you don't mind - how did you find out that he had one? I wish I was older when my grandpa was still alive - I don't remember him much, but he was in WWII and bet he had some kicka** toys/guns. I remembering reading that as long as the person isn't a past felon, has drug dependencies, low life, depressed, etc it's 100% legal to do the trade. Since you don't have to register it - there shouldn't be any paperwork. I'm sure others will have way more to say, but hope this helps.

 

[chuddly]

just as simple as stated above....a handing over of the gun and a simple thanks.

 

[Shive.Justin]

I was thinking about my other grandpas that have guns and what would have to be done if I were to receive any of them when I asked my mom if she knew of any. Since I'm the only "gun freak" in my whole family, I have a feeling that I'll be receiving most of them as gifts.

 

[SideArmed]

I highly suggest that you get a good fire rated gun safe as well, if you don't already have one.

The insurance company can give you money to buy another Winchester Shotgun, but they can't give you money to buy Grandpa's 1931 Winchester Shotgun. Family guns are very important to me and it is worth the investment to get a good safe.

 

[Jack Burton]

I was thinking about my other grandpas that have guns and what would have to be done if I were to receive any of them when I asked my mom if she knew of any. Since I'm the only "gun freak" in my whole family, I have a feeling that I'll be receiving most of them as gifts.

Only minor problem you might face is if grandpa lives in another state. Firearm transfers, even amoung family, must be handled thru a FFL in that circumstance.

 

[chuddly]

Only minor problem you might face is if grandpa lives in another state. Firearm transfers, even amoung family, must be handled thru a FFL in that circumstance.

true...but does that change is grandpa drives them to Indiana? that may have nothing to do with this scenario but just curious???

 

[deviljunkie]

i have 2 of my grandfathers guns....passed down from my dad. he brought them too me one day and said here ya go. take care of them

 

[Jack Burton]

true...but does that change is grandpa drives them to Indiana? that may have nothing to do with this scenario but just curious???

grandpa is still a resident of the second state, and the transfer must go thru an ffl. At least, that is the way it is for handguns... I'm less sure of the rule for long guns.

 

[Clay]

all firearms from out of state FTF transfers are suppose to go through an FFL.

 

[ryknoll3]

Only minor problem you might face is if grandpa lives in another state. Firearm transfers, even amoung family, must be handled thru a FFL in that circumstance.

Unless he passes away and they are bequeathed to you. In that case, you may acquire them across states lines without involving a dealer. See below.

§ 478.29 Out-of-State acquisition of firearms by nonlicensees.
No person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, shall transport into or receive in the State where the person resides (or if a corporation or other business entity, where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State: Provided, That the provisions of this section:
(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 that State,

I only bring that up since we are talking about an elderly relative and some might encounter this type of situation.

 

[Shive.Justin]

Thanks for all the input guys. I appreciate it. One of my 3 grandfathers(divorced parents) lives in Kentucky. The other 2 live in Indiana.

Again, thanks for all the input. I knew you guys would have an answer, and that's why I keep coming back to this site. Rock on INGO

 

[a.bentonab]

Just quickly wanted to add that the rules get quite a bit more murky if any of the firearms being passed on are class 3 including machine guns, suppressors (silencers), etc. I will let someone else post the details.

 

[ryknoll3]

Just quickly wanted to add that the rules get quite a bit more murky if any of the firearms being passed on are class 3 including machine guns, suppressors (silencers), etc. I will let someone else post the details.

Not that murky.

The beneficiary of the firearms in the will (or wife or immediate decendent if no will) would simply fill out two copies of the Form 5 (tax free transfer), submit 2 print cards, two photos and citizenship form to the ATF accompanied by death certificate and proof that the beneficiary is supposed to take possession (copy of will or marriage certificate if spouse). No CLEO sign-off required and no dealer required, even if out of state.

The executor of the estate is allowed to be in possession of the items until the Form 5 comes back approved.

 

[J_Wales]

Only minor problem you might face is if grandpa lives in another state. Firearm transfers, even amoung family, must be handled thru a FFL in that circumstance.

How would anybody know?