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Discussion Starter · #1 ·
As a child a family member was given several long guns by his grandfather.

The long guns have been stored at the family farm for decades.

His grandmother passed away 2 weeks ago and the property where the firearms are stored is to be sold.

He wants to ride down and retrieve his guns.

Being that he owns them, does he need to do a FFL transfer from GA to NC ?
 

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How old is the child? Is the house where the guns are stored occupied or not? Are the guns in a safe of some sort? Not to assume but is the grandfather still alive?
 

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Discussion Starter · #3 ·
How old is the child? Is the house where the guns are stored occupied or not? Are the guns in a safe of some sort? Not to assume but is the grandfather still alive?
The "child" is now 42 yrs old. Guns are in a secure location inside an unoccupied home. There is a care taker currently living on the property. Both grandparents are now deceased. The "child" actually now owns 50% ownership of the family estate. We are just trying to figure out if he needs to go the FFL route or if he can just take them back to NC with him when he comes back to GA.
 

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No FFL is needed when inheriting firearms. The executor of the will can transfer the firearms assuming the recipient is legal to possess in his state.

This does not, however, look like what happened.

The grandfather "gave" the weapons to a child.

Was the child in another state when he "gave" him the weapons? That may not even be legally possible, given that a gift interstate must be through an FFL, and an FFL cannot transfer firearms beneath 21 or 18 (pistol, rifle or shotgun).
 

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So the initial question is was this by bequest (doesn't sound like it) or intestate succession (also does not sound like it)?
 

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The next question would be whether the child lived in state or out of state when this "gift" was made.
 

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Discussion Starter · #7 ·
No FFL is needed when inheriting firearms. The executor of the will can transfer the firearms assuming the recipient is legal to possess in his state.

This does not, however, look like what happened.

The grandfather "gave" the weapons to a child.

Was the child in another state when he "gave" him the weapons? That may not even be legally possible, given that a gift interstate must be through an FFL, and an FFL cannot transfer firearms beneath 21 or 18 (pistol, rifle or shotgun).
Let me see if I can make this a little clearer lol. His grandfather had cancer and passed from that. When he found out he had cancer he told his grandson that when he passed, he wanted his grandson to have all the long arms in the house. The "child" was over the age of 18 when his grandfather passed. The "child" did reside in GA at that time. He is legal to own in his state.

Malum if you think it is better for him to get documentation from the Executor of the estate and transfer them via FFL then that Is what I will advise him to do.

In a very unfortunate way his life has just become very comfortable. He is a stand up man and I do not wish for him to get into any legal trouble whatsoever .
 

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So there is an executor? Then there is a will?
 

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Then the answer should be in #4 if the firearms are a bequest. Note that telling the grandson he wanted him to have the guns is not a bequest. The will controls no matter what he was telling folks before he died. That is about as far as I want to stick my neck out without knowing more details of your particular situation, which I am not soliciting, but I hope what I have written so far assists you with making a determination as to the legality of a transfer and how to accomplish it without breaking federal law.
 

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Exactly what I would do were I in that situation.

Nemo
 
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Let me see if I can make this a little clearer lol. His grandfather had cancer and passed from that. When he found out he had cancer he told his grandson that when he passed, he wanted his grandson to have all the long arms in the house. The "child" was over the age of 18 when his grandfather passed. The "child" did reside in GA at that time. He is legal to own in his state.
When the grandfather passed away, did the 18+ y/o grandson ever take actual physical possession of the firearms? If he did, wouldn't that be a valid gift? You have intent of the donor, relinquishment of control by the donor's death and acceptance by the grandson.
 
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