XRe Posted October 20, 2006 Share Posted October 20, 2006 It appears that, as part of my inheritance from my Grandfather, I'm going to receive a few firearms. Its not clear exactly what, yet, but I wanted to see if I could get a better grasp on the related laws and procedures before the time rolls around to make decisions. My grandfather's estate is out of state from me, in Ohio. What are the relevant laws that would govern something like this? Unfortunately, there's no way to just sort of go and get them, due to the circumstances, so they're going to have to pass through at least one FFL. Can I get them face to face from that FFL in Ohio? Is there a limit on how many I can transfer in this fashion, or how many I can transfer at one time? Do I have to have them all shipped to an FFL here in Texas, and go through the normal FFL to FFL transfer process for all of them? Is there a limit on the number I can transfer or receive at one time on this end? If I were able to receive them all in Ohio, and drive back with them, what's the likelihood of getting into deep kimchee if I'm stopped on the road?? I've searched around some, and checked the BATF website, but haven't found a good concise summary on my situation. I figured one of you guys might already know all the answers, so... Any help is appreciated!!! Link to comment Share on other sites More sharing options...
Genghis Posted October 20, 2006 Share Posted October 20, 2006 Flex - Call me at (903) 592-7566 or e-mail me at genghis@healylaw.com. I practice law in Texas and have given a number of CLE presentations on subjects like this. Sean Link to comment Share on other sites More sharing options...
bgary Posted October 20, 2006 Share Posted October 20, 2006 I'm no lawyer, so first and foremost I'd recommend going to www.atf.gov and searching for things like "estate" or "inherit" to see if there are specifics. Having said that, my opinion is -- as a result of the inheritance, you are the *owner* of those firearms. As a result, you should be able to handle them like any other gun that you currently own. Which means shipping them from yourself to yourself, or going and picking them up and dragging them home. I do not believe a "transfer" thru an FFL is necessary. (Note - the only "hitch" in that theory, that I can think of, is that you are not a resident of the state where you would be taking possession of "your" firearms. I *think* that is no different, in substance, from the case where I ship a firearm to myself in another state (which is perfectly legal). But, again, my overarching recommendation is to dig thru the BATF info to see what it says) -- As far as explaining things if you get pulled over, shouldn't be a problem. the FOPA (Firearms Owners Protection Act) is a federal law which basically says that if you are legally allowed to possess them where you started, and legally allowed to possess them where you are going, you are legally allowed to transport them. There are requirements (such as being locked in the trunk or out of reach of driver/passengers), it is worth reading up. And it would also be a good idea to have a copy of the will showing that you are the rightful owner. But other than the attention you'll get (been there, done that), there shouldn't be anything extra to worry about with a car full of guns than there is with just one gun. -- If they *do* have to go thru an FFL in a state other than your state of residence, then they *do* have to go thru an FFL-to-FFL transfer to get them into your hands. The FFL in Ohio cannot legally transfer them to you unless you are a resident of that state (actually, he can if they are long-guns. But not handguns). $.02 Bruce Link to comment Share on other sites More sharing options...
XRe Posted October 20, 2006 Author Share Posted October 20, 2006 Flex - You meant "X", right??? Call me at (903) 592-7566 or e-mail me at genghis@healylaw.com. I practice law in Texas and have given a number of CLE presentations on subjects like this. Left you a message... Bruce - that's interesting stuff. Unfortunately, I wasn't left these things specifically in the will. Its unclear to me if they're determined to be part of the residue of the estate, or what - and, if they are part of the residue, if that results in the same ownership you describe, or not. Tricky stuff, these gun ownership laws Link to comment Share on other sites More sharing options...
Flexmoney Posted October 20, 2006 Share Posted October 20, 2006 If I recall correctly, your Grandfather was is the Cincy area? If you do need an Ohio FFL and can't find somebody that suits you, then give Tom Rayner a call. http://raynersrange.com/results.htm Tom is all the way on the other side of the state (Zanesville area), but he'd take good care of you. Link to comment Share on other sites More sharing options...
XRe Posted October 20, 2006 Author Share Posted October 20, 2006 Thanks for the suggestion, Flex - yeah, Cincy area. We actually have a friend of the family who's an FFL in Cincy (he sold my grandfather a large number of his guns in the first place...). If something goes weird, though, its good to have a backup. Really, my aunt, who's administering the estate, doesn't have much knowledge about how to go about things re: firearms (she just wants them gone, basically - she's an anti, so...), and she's leaving it mostly up to the FFL. He's apparently had an interesting time trying to go about dealing with the estate, as well - so I'm just trying to make sure I understand what the process will look like on my own, first. At least one of us should understand what has to happen, eh??? I'm thrilled that I'll be able to have a few of his pieces, though... he's the inspiration that got me into shooting (and taking pictures, for that matter) in the first place, so... Link to comment Share on other sites More sharing options...
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