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Passing down firearms
Posted: Sat Jul 30, 2022 10:54 pm
by graywolf
I been thinking about going ahead and giving the kids and grandkids the particular firearm I think they would like to have now, instead of leaving it to them after I’m gone. What do y’all think? Is that a good idea? I don’t really know how to go about doing it either.
Don
Re: Passing down firearms
Posted: Sun Jul 31, 2022 12:19 am
by dave77
Check your state laws. I believe most states would allow it. Even Washington state which requires private sales to go through a FFL allows "A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan"
Re: Passing down firearms
Posted: Sun Jul 31, 2022 7:54 am
by GunnyGene
dave77 wrote: ↑Sun Jul 31, 2022 12:19 am
Check your state laws. I believe most states would allow it. Even Washington state which requires private sales to go through a FFL allows
"A transfer between immediate family members, which for this subsection shall be limited to spouses, domestic partners, parents, parents-in-law, children, siblings, siblings-in-law, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles, that is a bona fide gift or loan"
Even the ATF has a limited exception for interstate transfers like this, subject to State laws. My bold below. You could also have a lawyer arrange for a trust of the guns with your kids, etc.
https://www.atf.gov/firearms/qa/whom-ma ... -under-gca
To whom may an unlicensed person transfer firearms under the GCA?
A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.
Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of state, the firearm must be shipped to a federal firearms licensee (FFL) within the transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.
A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under the will of a decedent.
A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
Re: Passing down firearms
Posted: Sun Jul 31, 2022 12:37 pm
by BrokenolMarine
If you are no longer using the firearms in question, and they are just sitting in your safe waiting for your passing. I would go ahead and take the steps necessary to make the transfers. No need to leave that hassle to the spouse or the executor after you are gone. In addition, that way you can be SURE the firearms (OR any other items you want to go to certain parties) go to those parties. I have transferred a nice little single shot to one of my Granddaughters, and a semiauto to my Daughter for use on her farm... I wasn't using either and I knew that they could use both... they were going to get them eventually anyway.
Re: Passing down firearms
Posted: Sun Jul 31, 2022 1:08 pm
by dave77
So subject to state laws you can transfer firearms to same state residents but federal law says transfer to out of state residents requires going through a FFL?
How about states that allow private sales without a background check. Are you required to check that a buyer is a state resident?
Re: Passing down firearms
Posted: Sun Jul 31, 2022 1:19 pm
by Hatchdog
This motivates me to do the same. I have a couple from my dad that are going to a couple of nephews. I better get it done before either I’m not around to do so or they move out of state making it more difficult. My own son and stepson can argue over the rest.
Re: Passing down firearms
Posted: Sun Jul 31, 2022 2:10 pm
by graywolf
As of now, we are all in same state.
Re: Passing down firearms
Posted: Sun Jul 31, 2022 3:56 pm
by Coach
I will give all my arsenal to my nephew.
He’s the only one of the next generation that is interested in guns.
He went shopping in my gun safe last year and I gave him my Sig P220 Combat…
Re: Passing down firearms
Posted: Sun Jul 31, 2022 4:44 pm
by BrokenolMarine
I use my 25 year old P220 as my edc in the cooler weather.
Re: Passing down firearms
Posted: Sun Jul 31, 2022 5:29 pm
by Vaquero
dave77 wrote: ↑Sun Jul 31, 2022 1:08 pm
So subject to state laws you can transfer firearms to same state residents but federal law says transfer to out of state residents requires going through a FFL?
How about states that allow private sales without a background check. Are you required to check that a buyer is a state resident?
As I understand it, you are suppose to ask if the buyer if they are a resident of the state.
At least here anyway, some do some don't has been my experience though.
RP
Re: Passing down firearms
Posted: Sun Jul 31, 2022 5:39 pm
by GFK
Seems like a good idea.
Re: Passing down firearms
Posted: Sun Jul 31, 2022 10:25 pm
by graywolf
My son and oldest grandson are the hunters. Granddaughter has shot .22’s with me thru the years. Youngest grandson has shot with me some but not a big hunter. Going to ask daughter if she wants one just to have. She may surprise me.