Guns Left To Me In the Will, Now What?

[eas3964]

Title pretty much says it all. Found out my dad left me with multiple firearms, both pistols and rifles/shotguns, but I'm not sure how that's supposed to go. Half of them are to be left to me and half to my brother who lives out of state.

With Indiana becoming a Constitutional-carry state next week, how should we go about this? Does inheriting a firearm count the same in the eyes of Indiana state law as purchasing one (background checks, 10-day wait period, etc.)? With me still residing in-state and my brother residing out of state, this is a little muddy.

TIA.

 

[Mgderf]

Was your dad an Indiana resident?

 

[Farmerjon]

Title pretty much says it all. Found out my dad left me with multiple firearms, both pistols and rifles/shotguns, but I'm not sure how that's supposed to go. Half of them are to be left to me and half to my brother who lives out of state.

With Indiana becoming a Constitutional-carry state next week, how should we go about this? Does inheriting a firearm count the same in the eyes of Indiana state law as purchasing one (background checks, 10-day wait period, etc.)? With me still residing in-state and my brother residing out of state, this is a little muddy.

TIA.

Sorry to hear about your dad.

 

[eas3964]

He was, yes. Of note, he had an ATF “collectibles and curios” license that I found.

 

[Cameramonkey]

First, sorry for your loss. I know the feeling. I lost my dad July 4 2009. I inherited all of his. It was as simple as loading them in my car and taking them home since we are both IN residents.

IF you are both indiana residents, you simply take possession. No paperwork required. No checks, no transfers, and there is NO registration in IN.

Your brother will need to have his guns shipped to a FFL in his home state as if you were selling them to him. He will complete the form 4473 and go through the background check. (and pay a fee to the FFL (dealer) to do the paperwork.)

But be careful. Some states have ownership restrictions such as magazine capacity limits. So depending on what state he is in, you two may need to work out which ones he gets if they werent specified. (e.g. if he's from NJ he cant have anything with >10 round capacity, etc.)

What state is he in?

 

[schmart]

First things first: Indiana has no requirement for background checks on private firearm transfers, and has NO waiting period for any firearm transfers. If you go through an FFL (i.e. a store), you do have to fill out a federal 4473 form which is a background check. This has nothing to do with the Constitutional Carry provisions soon to be in place.

For typical private transfers across state lines, an FFL needs to be involved. For long guns you can use an FFL in the originating state and follow laws in both states before taking possession. (i.e. if in Illinois, must follow their 3 day wait). For handguns, an FFL in originating state must ship gun to FFL in receiving state and fill out 4473 there.

My understanding is that firearms listed in a will can simply be handed to the beneficiary without regard to any of the above. I would wait for further clarification by more knowledgeable persons on the forum, or consult with the estate attorney (if one exsts).

All the above implies that you (and your brother) are proper persons allowed to own firearms.

Remember, my advice is worth exactly what you paid for it, and I'm not going to be there to assist with any penalties so make sure to verify the information about the will prior to proceeding, especially with ones going to your brother.

--Rick

 

[Cameramonkey]

And simply owning the guns and keeping them at home requires no license. So no need to wait.

 

[eas3964]

First, sorry for your loss. I know the feeling. I lost my dad July 4 2009. I inherited all of his. It was as simple as loading them in my car and taking them home since we are both IN residents.

IF you are both indiana residents, you simply take possession. No paperwork required. No checks, no transfers, and there is NO registration in IN.

Your brother will need to have his guns shipped to a FFL in his home state as if you were selling them to him. He will complete the form 4473 and go through the background check. (and pay a fee to the FFL (dealer) to do the paperwork.)

But be careful. Some states have ownership restrictions such as magazine capacity limits. So depending on what state he is in, you two may need to work out which ones he gets if they werent specified. (e.g. if he's from NJ he cant have anything with >10 round capacity, etc.)

What state is he in?

He’s in Utah.

 

[d.kaufman]

Not sure on your brother with being out of state, but you are good to go. Take possession of what was willed to you. Nothing more to do. (Unless they are regulated, ie. full auto, sbr, suppressor, etc. or you're not allowed to possess them)

I do believe that when firearms are part of an inheritance interstate transfer is ok. No ffl needed (exception being class 3+ firearms or accessories) as long as who is recipient follows laws of their state. (Not a felon, weapon is legal in that state, mag capacity,etc)

I am not a lawyer, and dont pretend to play one onTV, so take what I've said with a grain of salt.

 

[Cameramonkey]

He’s in Utah.

Thats a pretty good state. I dont know of anything not legal in UT.

Have him start shopping around in UT for a FFL to use for the transfer. Not everyone charges the same fees. Here, I can pay between 75 and $20 per gun, and some even charge less for subsequent guns.

And I believe you'll need to find a dealer here to ship them. Guns can be shipped inexpensively between dealers via USPS. Private citizens cannot. They have to be overnighted typically via private carriers, which you can do. (UPS/Fedex) And overnight because they dont want them stored any longer than necessary in their warehouses. TOo much liability.

And if you travel out to see him, you could always hand carry them in your trunk if you drive out and go with him to the FFL as if you were selling them to him. Once again, make sure the FFL will do that. Not all will do transfers like that.


The more I Google, the more I realize I was wrong.

 

[DadSmith]

By law all his will have to go through an FFL.

 

[Cameramonkey]

Not sure on your brother with being out of state, but you are good to go. Take possession of what was willed to you. Nothing more to do. (Unless they are regulated, ie. full auto, sbr, suppressor, etc. or you're not allowed to possess them)

I do believe that when firearms are part of an inheritance interstate transfer is ok. No ffl needed (exception being class 3+ firearms or accessories) as long as who is recipient follows laws of their state. (Not a felon, weapon is legal in that state, mag capacity,etc)

I am not a lawyer, and dont pretend to play one onTV, so take what I've said with a grain of salt.

I forgot about that bit. Definitely check into that.

 

[Cameramonkey]

This has some interesting info in it.

Bequeathing And Inheriting Guns: What To Do With Firearms When Someone Dies

Map out a smooth transition because it can get complicated.

www.everplans.com

 

[Cameramonkey]

By law all his will have to go through an FFL.

Im actually seeing multiple sources saying that is incorrect. Multiple sites saying "Just drive to the decedent's state and hand carry it back home with you." (provided its legal at home, and you only stop for gas and bathroom stops. "uninterrupted journey" )

 

[edwea]

I am wondering about the c & r book. If I am getting rid of guns that are in my log book, I have to notate who/when etc. I wouldn't assume those could just move to you. It may be that simple, but don't assume it is.

 

[wcd]

Im actually seeing multiple sources saying that is incorrect. Multiple sites saying "Just drive to the decedent's state and hand carry it back home with you." (provided its legal at home, and you only stop for gas and bathroom stops. "uninterrupted journey" )

I believe you are correct, it is essentially a gift although post Mortem.

 

[DadSmith]

Im actually seeing multiple sources saying that is incorrect. Multiple sites saying "Just drive to the decedent's state and hand carry it back home with you." (provided its legal at home, and you only stop for gas and bathroom stops. "uninterrupted journey" )

Glad I'm wrong. I figured it was just like an out of state transfer.

 

[MrSmitty]

My father in law left me his guns, truck, and tools......took them home...the end

 

[BigRed]

Title pretty much says it all. Found out my dad left me with multiple firearms, both pistols and rifles/shotguns, but I'm not sure how that's supposed to go. Half of them are to be left to me and half to my brother who lives out of state.

With Indiana becoming a Constitutional-carry state next week, how should we go about this? Does inheriting a firearm count the same in the eyes of Indiana state law as purchasing one (background checks, 10-day wait period, etc.)? With me still residing in-state and my brother residing out of state, this is a little muddy.

TIA.

I do not understand the question let alone posting the question.
Private property.
Move on.


My sincere condolences for your loss.

 

[Frosty]

The brotherly thing to do would be to help your brother pack them in his trunk, so he can haul them home without worrying about asking permission from some government agency.