Firearm transfer question

[Jthrock]

Hello everyone,

I'm not sure if this is the right forum to post this, but it's worth a shot. My father passed away about 15 years ago and had quite a few firearms. I have recently started shooting with friends at the gun range for a few weekends now and have been having a blast. I had completely forgotten that my father had owned a bunch of guns until recently. My grandmother, who lives in arkansas, has been holding on to them all this time, and I would like to finally take possession of them. There was no will bequeathing them to me, but she wants me to have them. She is worried that the guns are not registered, but from what I have read they do not have to be in Arkansas or in Texas, is this correct?

From what I can tell I have 2 options; drive up there and get them, take them to an FFL dealer there and transfer them to me, then take them back to Texas... OR get her to go to an FFL dealer there and arrange a transfer to me.
Would both these options be legal? And is there a better way to do it?

Also, she knows nothing about guns, and I don't even know what was in the collection. This makes me nervous about her blindly shipping them through an FFL. I guess I'm just worried that there is some way they could screw me over if I don't know the exact make/model/serial # of each firearm. Is this a warranted concern, or am I just being paranoid?

Any info or advice would be greatly appreciated. I want to get these guns out of storage as fast as possible, as they've probly been neglected all these years.

Thanks,
Joe

 

[Mikewood]

You are correct.
If it were me I would make the drive and get them myself.
Take lots of blankets to wrap them in.

 

[nalioth]

You are correct.
If it were me I would make the drive and get them myself.
Take lots of blankets to wrap them in.

This response is so ambiguous, I hope it doesn't land someone in jail.

 

[Jthrock]

So even if I drove up there, took her and the guns to an FFL dealer, filled out the transfer of ownership forms, I still could not take them back across state lines?

 

[nalioth]

So even if I drove up there, took her and the guns to an FFL dealer, filled out the transfer of ownership forms, I still could not take them back across state lines?

You can do that just fine.

So long as the transfer goes through an FFL (either in Arkansas or here), it's legal.

Your mom can ship all of them to a local FFL if that is desired, as well (she doesn't have to go through an FFL on her end at all).

Here's a couple of interesting reads, with links to the appropriate laws and other info:
Shipping a gun - who, how, where, when and why

Howto Order Guns over the Internet (Auctions, Forums, etc)

 

[Mikewood]

Mod Edit:

Deleted because this is illegal. Interstate transfer of firearms gets people thrown in prison.


San Antone RR

 

[Jthrock]

That's what I'm worried about, something getting "misplaced". I think I am just going to rent a car and make the haul, and visit some family =) . Is there a fee per gun that you give to someone with a change of ownership form?

Also, just to be double sure... After I take the guns to an FFL dealer in Arkansas and fill the forms out to put them in my name, I can personally DRIVE them back across the border? I just want to make sure I don't have to get them shipped to an FFL dealer in TX.

 

[nalioth]

I would not involve an FFL at all.
Simply drive up, and take the guns from her and drive home.

You don't know what she has. She does not either.
There may be a war trophy and I would hate for anything to get "misplaced" at the FFL.

You are advising the OP to BREAK THE LAW.

Please stop.

 

[nalioth]

That's what I'm worried about, something getting "misplaced". I think I am just going to rent a car and make the haul, and visit some family =) . Is there a fee per gun that you give to someone with a change of ownership form?

Arkansas doesn't have gun registration. Neither does Texas. There's no such thing as an "ownership form".

Also, just to be double sure... After I take the guns to an FFL dealer in Arkansas and fill the forms out to put them in my name, I can personally DRIVE them back across the border? I just want to make sure I don't have to get them shipped to an FFL dealer in TX.

After your mom takes the guns to the FFL and you fill out 4473s on them, you can throw them in the garbage, weld them to the hood of your car, or anything else you like (within the law). This includes putting them in the trunk and driving anywhere in the USA that you like.


If you'll pardon my asking, where are you getting all this "in my name" and "gun registration" stuff from?

 

[Charlie]

I don't understand the FFL thing also. Can't they be given to you by your father/mother? They then become yours. Put them in your car and drive home. I could be wrong but I don't think that is illegal. You're not buying, selling, or shipping across state lines. They are yours, just bring them home. Is there a law that says you can't take your gun from Arkansas to Texas? Just askin'.

OMG! I just realized I became a "senior" member. I think that's the 4th time in my life I've been classified a "senior"!

 

[SC-Texas]

What law requires an ffl to be involved again?

 

[SC-Texas]

Grannie can give op his dads guns. Why again is an ffl involved?

 

[Mikewood]

Can the local FFL charge him for this service? If so how much per gun?
Can he 4473 a pistol out of state or Must a pistol be transferred from a AR FFL to a TX FFL before he can take possession of it?
How much to ship pistols overnight thru a private carrier and FFL charges coming and going?
If the collection is as little as 12 guns we might be looking at $1000.00
But that way it would be legal...

 

[nalioth]

Grannie can give op his dads guns. Why again is an ffl involved?

Interstate transfers of firearms are legally required to go through an FFL. The law doesn't make an exception for mommy to give sonny a gun.

The only exception to this is in the case of a bequest (under federal law).

As with all federal laws, state and local laws can add more restrictions.

 

[Jthrock]

I guess I am just confused. I don't believe she filled out a 4473 after he passed away, so what would be different about me saying they were mine and just taking them (she had intended them for me all along), and actually taking them to an FFL dealer and filling out 4473s on them. I'm not asking in order to skirt the law, I'd like to do this legally, I am just confused with the actual practice of these laws.

 

[Charlie]

Once it becomes his (gifted), is it then a "transfer"?

 

[nalioth]

I guess I am just confused. I don't believe she filled out a 4473 after he passed away,

Your mom wouldn't have had to fill out anything for a variety of reasons.
• In the free states NO GUN REGISTRATION EXISTS.
• Married couples own everything jointly
• She'd be the beneficiary of his property (being his next of kin)

so what would be different about me saying they were mine and just taking them (she had intended them for me all along), and actually taking them to an FFL dealer and filling out 4473s on them. I'm not asking in order to skirt the law, I'd like to do this legally, I am just confused with the actual practice of these laws.

If you're gonna say "they're mine" and then ask a dealer to fill out 4473s on each of'em, the gun dealer is gonna look at you funny (maybe he'll make a phone call and tell his funny story to a local revenuer while you're there).

Just go up to Arkansas, load the guns and your Mom in to your vehicle and go down to the local FFL. He'll charge you for the service and everything'll be copasetic.

Once it becomes his (gifted), is it then a "transfer"?

A transfer is a transfer, whether the gun is gifted or sold.


The only legal way for you to just drive up and get them would have been if your father had specifically requested you get them in his will and your mom was the executor of the will.
Since this isn't the case, an FFL will be required by federal law.

 

[SC-Texas]

Are these nfa weapons?

 

[Bithabus]

What law requires an ffl to be involved again?

TITLE 18 > PART I > CHAPTER 44 > § 922


§ 922. Unlawful acts

(a) It shall be unlawful—
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.
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(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;
.
.
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(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to (A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

 

[SC-Texas]

I would go get my Dad's weapons from my mom or grandmom and not involve anyone.

That's the way I would do it.