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HANDGUN TRANSFER SCENARIO

Discussion in 'Shooting Related Threads' started by gdbabin, Mar 30, 2010.

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  1. gdbabin

    gdbabin TS Member

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    I want to purchase a handgun from a friend. The gun is registered in his recently deceased dad’s name in another state. My friend’s wife has full power attorney for the estate as she is the administratix. My friend and his wife live in my state (MD), but presently the handgun is in another back at dad’s house (NJ).



    What is the most efficient and legal way to complete this transaction?


    Thanks in advance,


    Guy Babin
     
  2. KEYBEAR

    KEYBEAR Active Member

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    Call a Local FFL . It should be as easy as gong to the FFL with the friends wife and the gun . May need some papers showing she is the administratix.

    But to stop in or call an FFL
     
  3. ddrsuz

    ddrsuz Member

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    If the out of state issue gets to be a problem, the California DOJ coached me thru a similar problem a year or so ago, and I would presume CA transfers must be as bad as anywhere as handguns can't be transferred into CA unless that model has been drop tested. The DOJ suggested that you do a family transfer, which you could probably do from the father's estate to your friend with the administratix representing the family. The family transfer bypassed most of the CA hassle laws. Then it would be an intrastate transfer after that and that simplified things for us.

    Dennis
     
  4. vpr80

    vpr80 Active Member

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    What Alf said, you need an FFL to do an inter-state transfer.
     
  5. rd

    rd TS Member

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    If your friend has acquired the gun through a bequest in a will or by intestate succession, he or his wife may transfer the firearm themselves from the state it is now in to the state in which your friend lives without the involvement of a FFL. He may then sell it to you in accordance with the laws of the state in which you both live.

    18 USCA sec 922:

    (a) It shall be unlawful--.....

    (5) for any person (other than a licensed..dealer) to transfer, sell, trade, give, transport, or deliver any firearm to any person (...other than a licensed dealer...) who the transferor knows or has reasonable cause to believe does not reside 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,...
     
  6. halfmile

    halfmile Well-Known Member

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    Green Bay Wisconsin
    Registered?

    In what way? If you are talking about the 4473, that is not registration per se.

    IMO, the lady as executrix gives the gun to her husband who then sells it to you in a FTF transaction in your own state.

    NO sales tax, no 4473, no FFL necessary.

    Unless there are some kind of local registratiosn laws that I am unaware of.

    HM
     
  7. rd

    rd TS Member

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    Just an additional note- I have used this method when my father died and when my wife's father died. If the will does not specifically address the firearm, the executor decides usually to whom it goes.

    Also, I see many of these threads. You can read the law yourself by googling United States Code Annotated , going to one of the many sites that come up, and click on "criminal" and look for "firearms. The Cornell University School of Law has a very easy to use site. All Federal Firearms laws are found at 18 USCA 922, and in all the subsections under that cite. It is not very complicated reading, and a very good thing to have on your favorites if you buy and sell a lot of guns.
     
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