Firearm transfer question

[Jthrock]

He was divorced from my mother at his time of death, but I was only 12, so my grandmother (his mother) has been holding on to a lot of his things for me up in Arkansas until I was ready to claim them. I don't know if that changes anything. I think what I may do is take a road trip to go visit, document what all firearms he had (pictures and serial numbers and such), take all the rifles and shotguns to a local FFL dealer in AR, fill out 4473s on all of them, then take them back to TX. I can have her ship the handguns through the same FFL to an FFL dealer I arrange here in TX. I think that should work =)

 

[Texas1911]

He was divorced from my mother at his time of death, but I was only 12, so my grandmother (his mother) has been holding on to a lot of his things for me up in Arkansas until I was ready to claim them. I don't know if that changes anything. I think what I may do is take a road trip to go visit, document what all firearms he had (pictures and serial numbers and such), take all the rifles and shotguns to a local FFL dealer in AR, fill out 4473s on all of them, then take them back to TX. I can have her ship the handguns through the same FFL to an FFL dealer I arrange here in TX. I think that should work =)

Then those guns are yours, no FFL required. Just go get them.

 

[nalioth]

Any handguns will have to go from FFL to FFL and you'll fill out a 4473 in Texas for them.

No, shipping from an FFL is not legally required (see my post above)

 

[TangoUniform]

No.


Since the grandmother has the guns, there really is no way to call this 'intestate succession", and anyone telling the guy to just go up and get them is making themselves a conspirator in a federal felony.

No one is advocating breaking the law.

If the OPs father intended his weapons to be inherited by him and have just been stored by his grandmother all this time, there is no reasonable assumption they would have to be transferred via FFL. Yes, I know a lot of ifs.

 

[SC-Texas]

The wife owns the firearms if the husband dies intestate (joint property)..

Maybe, maybe not and its community property. Under some circumstances the child may be an heir to dad's share of the community estate.

But, in this case, we are not dealing with a wife who MAY or not be entitiled to a portion of the dad's community estate and may or may not have disclaimed her interested in Dad's share of the community estate.

NO MOTHER OR WIFE was mentioned by the OP!

I'm unpleasantly surprised at all the lawbreaking advice being given in this thread..

Well sorry. Practically speaking, I would go get my dad's guns and bring them back. No question and no invovlement of anyone else.

Making decisions based on emotion (as opposed to those based on fact) will get one thrown in jail.

Being a bit mellowdramatic aren't we? And, in this case, you missed the MAIN FACT of the entire thread: There is no MOM. Only grandmom. Not throwing stone in this glass house as I hacve done the same thing.

 

[SC-Texas]

Just because the OP doesn't mention a wife doesn't mean there isn't one.

And you are/were assuming facts not in evidence.

Since the grandmother has the guns, there really is no way to call this 'intestate succession", .

Actually, the law says who the legal heirs are and grandmom isn't one of them.

and anyone telling the guy to just go up and get them is making themselves a conspirator in a federal felony.

Again . . . . being a bit mellowdramatic aren't we? I guess we are all unindictied co-conspirators.

 

[Bithabus]

He was divorced from my mother at his time of death, but I was only 12, so my grandmother (his mother) has been holding on to a lot of his things for me up in Arkansas until I was ready to claim them. I don't know if that changes anything. I think what I may do is take a road trip to go visit, document what all firearms he had (pictures and serial numbers and such), take all the rifles and shotguns to a local FFL dealer in AR, fill out 4473s on all of them, then take them back to TX. I can have her ship the handguns through the same FFL to an FFL dealer I arrange here in TX. I think that should work =)

You didn't tell us they are your guns. As SC-Texas has explained, it is legal for you to just go get them. No need to waste resources on transfers. In fact, your Grandmother could ship them to you directly via FedEx or UPS.