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Transfering inherited long gun to another state

slumlord44
I am prety sure it must go through an FFL in the reciepents state. I am leaving a shotgun to my nephew in Wisconsin in my will. I am Illinois resident. I assume it will have to go through FFL on his end. Correct??
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Comments

9 comments

Date Votes
  • mark christian
    Depending on both state laws; he can come and pick it up, but it must be given directly to him by the executor of the estate, or someone duly appointed by a court to act in that capacity. State laws are all over the place on interstate bequests of property (not just firearms) and the BATFE is going to go by whatever regulations are in force in each state at the time of your demise.
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  • Anonymouse
    Might be easier to just give it to him now. Just send it to an FFL and have your nephew do the paperwork on it. Going through the estate process in different states is a real pain, had to do it when my wife's Mom died in Ohio and we live in Virginia. Took almost a year to finish.
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  • 11b6r
    As far as the Feds are concerned, 18 US Code 922 A 3-
    It shall be unlawful-
    (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

    The Feds DO permit direct transfer of a firearm across state lines in the case of inheriting one.
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  • slumlord44
    I sort of thought it could be done but had forgoten the reference. Would give it to him now, but I plan on using it for a long time. Gun was my dads A5 Light 20 that he bought new in 1960. Nephew was dads first and only grandson, and his pride and joy and nephew was only a 2 or 3 years old when dad died. I think that is where dad would want it to go.
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  • nmyers
    I'm not an attorney & I would never give estate planning advice, but....

    If you list "personal items" in your will, in most states they will be listed as part of your estate; they must be reported to the court, appraised, taxes paid, & they can't be disposed of until the will is probated (6 - 12 months after your death, generally). It's difficult to keep some things out of your estate (bank accounts, securities, real property), but "personal items" can be disposed of by your personal representatives.

    Your attorney will know the best way to handle your particular situation.

    Neal
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  • USN_Airdale
    just give it to him now, have him come visit you and hand it to him personally, trust me, it will have more meaning to him in that way. my dear Aunt Viola gave me her Stevens Favorite .22LR single shot when i was 12 y.o., that was 60 years ago and i still have it and use it, i think of that moment when she handed it to me and told me to take good care of it and always be careful about what you shoot at. i did and still do.
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  • slumlord44
    I have a Stevens Crack Shot that was given to me by a family friend when I was a kid and I know what you mean. However, as I stated earlier, I am still using the gun and not ready to give it up just yet. I ain't dead yet or even near it! There may be a time in the future that will be right for me to personaly give it to him but this is not the time. I already gave him a ring that was dads and I never wore. I am aware of the repercussions of puting it in the will. Puting it in the will is the safest way to assure that he gets it when I die.
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  • Alan Rushing
    nmyers' feedback seems like the best solution for your particular situation.

    I think that if it were me, I'd use that in conjunction with what USN_Airdale suggested ... that would probably most benefit all concerned!

    I'd let him know that it you are giving it to him and would like to use it for an extended period of time!

    Probably be able to side-step tallying it later when everything hits the fan. As I recall I can keep firearms elsewhere, and family and friends can leave firearms here with me?

    If that be so, you get the opportunity to share with him now the significance of that A5 to your father, to you, and you hope to him. You can also go over his significance to his grandfather, to you and to his folks.

    It'd be a simple matter to clearly make everyone aware of the fact that the A5 belongs to your nephew. Clear as crystal ... and benefits everyone while you are yet around and kicking - walking and shooting!
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  • babun
    NOTHING brings out the worst in family as reading of a will. Do not think for a minute that your "wishes" will be followed after you are in the ground. Write it into the will or better yet as some have posted, give it to him now, he will be thankful and the family heritage will
    be past on. Bob
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