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Help! Firearm transportation and Legalezzzz

Kar_l
Hope someone can help out or point me in the right direction.A friend of mine passed away a short time ago and on a piece of paper wrote he wanted me to have his firearms,is this legal.As far as his sister(in Oragon) knows there is no will. Also the guns are in Florida and I'm in Wisconsin, how do I go about getting shiped up here.
Karl
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Comments

9 comments

Date Votes
  • kingjoey
    Unless that piece of paper was a will then you're at the discretion of the family and lawyers

    Love them Beavers
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  • Kar_l
    The family is ok with this.
    Karl
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  • kingjoey
    They'd need to be shipped to your FFL in WI and they would do the transfer paperwork for you and probably charge you 10-25 bucks per firearm

    Love them Beavers
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  • abcguns
    Oh Boy , here we go , Again , we just had a rather heated discussion
    on 'transportation from Ill. to Fla' , other than the fact that some soals think you must go thru NY to get there , it was interesting at best !!! several ways to approach and handle this problem...Having been a 'dealer/gunsmith' (& grew up in this business) and a LEO of 24 years , I could give my opinion and theory , but ! I shudder to think of the responses it would evolk ...Good Luck !!!
    d.a.stearns
    Gunsmith / LEO
    Niota , Tn
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  • Herschel
    Karl, Here is the answer to your question from the Federal Firearms Regulations Reference Guide.

    Title 18 United States Code, Chapter 44,
    Section 922. Unlawful acts (a) 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 a person to purchase or possess such firearm in that State........... end of quote.

    In other words you can legally recieve the firearms that are willed to you across a state line if it is legal for you to own them in WI.
    Now, there may be a problem in getting a carrier (UPS, FED EX, etc.) to transport them to you. There also could be a question as to whether the written document constitutes a will. It seems to me that it would qualify as a bequest but I am not a lawyer.
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  • chappsyny
    quote:Originally posted by abcguns
    Oh Boy , here we go , Again , we just had a rather heated discussion
    on 'transportation from Ill. to Fla' , other than the fact that some soals think you must go thru NY to get there , it was interesting at best !!! several ways to approach and handle this problem...Having been a 'dealer/gunsmith' (& grew up in this business) and a LEO of 24 years , I could give my opinion and theory , but ! I shudder to think of the responses it would evolk ...Good Luck !!!
    d.a.stearns
    Gunsmith / LEO
    Niota , Tn


    The problem is not what states you will pass through, it's a matter of the original owner being a resident of a different state then you. Private party (non-FFL) transfers across state lines are a violation of federal law. Since the firearms weren't yours to begin with they would have to be transfered to you through an FFL so that they could legally become yours.

    If there are a bunch of guns to be transfered call around to dealers and tell them the situation and the # of guns to be transfered. Many, if not most will cut you a deal on large-volume transferes so shop around.

    cat.gif
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  • WoodrowUSMC
    Karl...at the risk of over simplifying this....why don't you take a vacation this winter and drive down to Florida to get away from all the cold weather and bring your guns back with you when you return to Wisconsin.
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  • competentone
    quote:Originally posted by chappsyny
    The problem is not what states you will pass through, it's a matter of the original owner being a resident of a different state then you. Private party (non-FFL) transfers across state lines are a violation of federal law. Since the firearms weren't yours to begin with they would have to be transfered to you through an FFL so that they could legally become yours.


    Not correct.

    Herschel is on the right track. Figure out whether it is cheaper to pay an attorney to be sure the paper the deceased left represents a "bequest," or (if there aren't too many firearms involved) if it's cheaper to just find a dealer who will do a transfer for you.


    "Strength is the outcome of need; security sets a premium on feebleness." -- H.G. Wells (The Time Machine)
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  • sharpshooter039
    Mr Herschel is 100% correct,,SORRY Mr Chappsyny you are incorrect,I went through this very thing when my father passed away,if it was left to you ,,it does not even have to be in writing ,,you can receive it across state lines without a FFL transfer.This I know because I had to travel across 5 states with over 50 firearms so I went to the ATF in Little Rock and made sure,I think I still have the letter they gave me just incase I was stopped and a trooper wanted to look in the trailer.

    [image]http://img.villagephotos.com/p/2004-10/869284/nogunnextdoor.gif[/image]
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