I think that I found the firearm 'Will' answer.

Discussion in 'Firearm Related' started by Adam5, Nov 13, 2010.

  1. Adam5

    Adam5 Atlanta Overwatch

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    I know that it has been discussed before, about what happens if you are left a firearm in someone's will, and theyare out of state.

    Does the firearm need to go through a FFL for transfer?

    I think that I found the answer in USC TITLE 18 > PART I > CHAPTER 44 > § 922.


    http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html
     
  2. mygunstoo

    mygunstoo Active Member

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    Adam, it looks like you could go and get it and bring it back with you. But I am not sure they could send it to you through regular mail, ups fedex etc.
     

  3. 175FO

    175FO Member

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    This is interesting, two years ago my Grandfather passed away leaving me two pistols and three long guns. Not knowing the law at the time myself and the executor of the estate went to a local gun store in Pennsylvania where I am from, to find out how I can get the guns to me in Georgia where I live now. The people at the gun store transferred the long guns to me there, but said they would have to ship the pistols to an FFL in Georgia, which we did. But looking at this it seems that I didn't really need to do any of that, I could have just taken the guns and brought them back with me, no FFL transfer etc...
     
  4. gunsmoker

    gunsmoker Lawyer and Gun Activist

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    Even though the law firm where I work does a lot of estate planning and probate cases, I've never seen this come up as an issue in real life.
    My guess is that most executors of an estate do not know about either the federal laws against shipping guns to the new owner or the exception to the law that allows it for cases when a deceased relative has gifted you a firearm in a will or it passes to you because you're the heir and he died intestate.
    Therefore most executors just send the guns by whatever method they want-- UPS, post office, drive it over and deliver it in person, tell the heir /beneficiary to come get it, etc.

    Somebody wrote a scholarly law journal article on this subject this year, a couple months ago I think.
    I found a reference to it on Google a while back, but I don't have it handy.

    I wonder if this would be worth addressing here in Georgia, in either the mainstream press or the legal community of this state?

    And I wonder if there are other kinds of property that have special issues when a person dies and their stuff gets divided up among others.

    What about prescription drugs that nobody else is allowed to have without a prescription? What is the executor of the estate supposed to do with those? (If you say "dump them down the toilet" the local water authority might be upset with you).

    What about pets? What if the deceased made no provision for pets in the will, and the residuary clause says to do something with the remainder of the estate that is wholly inconsistent with a living animal? Does the executor have the power to do what he or she thinks is best? What if the executor just wants to drop the critter off at the pound, knowing it will be put to sleep in a week?