Question about firearms left in last wills

[MisterChester]

My father has told me he wrote in his will that I am to take possession of his firearms (both handguns and long guns) whenever he passes away. He lives in New Jersey and I live here in IN obviously. I have researched into the process, but I've gotten more questions than answers. Does anyone know how I would be able to take legal possession of the firearms across state lines? I know handguns go through FFL's but I've heard they have certain exceptions for willed firearms, but I would like to get it cleared it up now before it happens. Any advice would be appreciated!

 

[GodFearinGunTotin]

My guess would be that the executor of the will would have to transfer the guns to you and would have to use an FFL to do so. But I'd defer to more expert people than me.

 

[Kirk Freeman]

Does anyone know how I would be able to take legal possession of the firearms across state lines?

Is your question whether you should drive or fly, or whether you would need an FFL?

Look at 18 USC §922(a)(3) and see if that answers your question. If not, I'll be right back after folding laundry. Seven loads tonight!

 

[MisterChester]

Is your question whether you should drive or fly, or whether you would need an FFL?

Look at 18 USC §922(a)(3) and see if that answers your question. If not, I'll be right back after folding laundry. Seven loads tonight!

I will probably drive. I wouldn't risk losing them in checked luggage, and I saw a story of a man in NJ who was arrested and convicted of illegal possession for trying to claim it in checked luggage. Not sure if I need an FFL because it's across state lines but I've seen info that suggests willed firearms are an exception.

 

[Kirk Freeman]

Yes, I gave the cite. Let's look at the statute together, here's 18 USC §922(a)(3)(A) (emphasis added):

(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 that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

 

[Kirk Freeman]

If it is legal for you to have your father's weapon in Indiana, then there is no FFL requirement.

 

[MisterChester]

If it is legal for you to have your father's weapon in Indiana, then there is no FFL requirement.

Thank you so much for clearing that up for me Kirk! The firearms are NJ approved so I highly doubt they would be illegal in Indiana But I shall check regardless

 

[Liberty Sanders]

It would be far, FAR less complicated if he simply gave them to you prior to his death. My father did this and was glad he did. And then there's one less piece of paper that they're on.

 

[Kirk Freeman]

Danger, danger, Will Robinson, if your dad is alive AND in New Jersey, then you need to have an FFL involved for said gift.

State lines=FFL, UNLESS pursuant to a devise in an estate.

 

[Snapdragon]

Even if he goes to NJ to pick them up?

 

[Hexlobular]

I wouldn't think a process would be involved. If you legally become the owner of the firearms, you should have the right to transfer them to your residence regardless of how you acquired them.

 

[WebSnyper]

Even if he goes to NJ to pick them up?

Yes, if it is a transfer between residents of 2 different states, then FFL would be needed, unless as Kirk stated, it is from an estate.

 

[K_W]

Danger, danger, Will Robinson, if your dad is alive AND in New Jersey, then you need to have an FFL involved for said gift.

State lines=FFL, UNLESS pursuant to a devise in an estate.

Yes, if it is a transfer between residents of 2 different states, then FFL would be needed, unless as Kirk stated, it is from an estate.

I thought there was an exemption for immediate family pass-downs?

 

[Hexlobular]

I thought there was an exemption for immediate family pass-downs?

In my case, my dad has already given them to me; I am simply "storing them" at his house so he has them for SD. If the time comes, I'll simply take my guns home. We're all in the same state, but it should still be apples to apples.

 

[Hexlobular]

I will probably drive. I wouldn't risk losing them in checked luggage, and I saw a story of a man in NJ who was arrested and convicted of illegal possession for trying to claim it in checked luggage. Not sure if I need an FFL because it's across state lines but I've seen info that suggests willed firearms are an exception.

If you're driving, you should have federal Safe Passage.

 

[sloughfoot]

I hope your father lives a long life and that you never let the government get between you and the property your father chooses to leave to you.

None of the FFL transfer requirememts apply to immediate family.

 

[MisterChester]

If you're driving, you should have federal Safe Passage.

Federal safe passage only counts if the possession is legal on both ends of the trip, so for it to work I would have to legally possess the firearms in NJ, for which I will have to look up local laws.

 

[Bill B]

I hope your father lives a long life and that you never let the government get between you and the property your father chooses to leave to you.

None of the FFL transfer requirememts apply to immediate family.

Have a cite for that? As Kirk has shown, there is no FFL requirement if they are inherited. I have seen nothing that indicates a transfer across state lines between family members is exempt.

 

[WebSnyper]

I thought there was an exemption for immediate family pass-downs?

Pass down as in both owners are still alive? Then no, there is not.

In my case, my dad has already given them to me; I am simply "storing them" at his house so he has them for SD. If the time comes, I'll simply take my guns home. We're all in the same state, but it should still be apples to apples.

Same state, would not matter if you were related or not.

Have a cite for that? As Kirk has shown, there is no FFL requirement if they are inherited. I have seen nothing that indicates a transfer across state lines between family members is exempt.

Transfer across state lines is no different for family members, and there is no exemption.

 

[MisterChester]

NJ law requires anyone who takes possession of a firearm must have a firearms ID card, but there is an exemption for those who take possession from a will upon death of the owner. Here's where it gets tricky, it is illegal to transport any firearm without a permit to carry (impossible to get for my case). However, there are exceptions and here they are:

"You can transport it from place of purchase to home. Home to a Certified Shooting Range. Going hunting but must have a valid hunting license. You just can’t have it in your vehicle. Again the law says you must have a FPIC or NJ Carry Permit to even transport firearms in NJ. From all I read and have heard someone from outside NJ must have a very good reason to transport a firearm into NJ and better have the proper paperwork." From handgunlaw.us

Since I can take legal ownership of them in NJ, do I fall under the from place of purchase to home exception?