firearms in Illinois willed to indiana gun owner?

schafe

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Anyone know the appropriate procedure for an Indiana gun owner to bring back to Indiana firearms willed to him by an Illinois FOID card holder once the will is executed?
 

Cameramonkey

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First, sorry for your loss.
Second, this is not legal advice.


Here is the logical way to do it, assuming its not something special like an NFA item:

Travel to IL
Place your property in your trunk.
Drive home.
Everyone shut the hell up.

Thats the logical way to do it. Not that it's legal, but its logical under the circumstances.

I'm sure there is a hoop filled method that .gov prefers (involving 4473s, shipping to your LGS here in IN, transfer fees, etc) . So do which way you please.
 
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Ziggidy

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If I live in Indiana. My brother lives in Illinois. Is it illegal to drive to Illinois to pick up the gifted gun and drive back home to Indiana?
 

schafe

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First, sorry for your loss.
Second, this is not legal advice.


Here is the logical way to do it, assuming its not something special like an NFA item:

Travel to IL
Place your property in your trunk.
Drive home.
Everyone shut the hell up.

Thats the logical way to do it. Not that it's legal, but its logical under the circumstances.

I'm sure there is a hoop filled method that .gov prefers (involving 4473s, shipping to your LGS here in IN, transfer fees, etc) . So do which way you please.

This seems logical to me, since, as I understand it, the firearms have a new owner at the execution of the will.
Like you, I'll bet there are more complicated ways also, and I'd like to hear those too.
 

Nickbau5

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If I live in Indiana. My brother lives in Illinois. Is it illegal to drive to Illinois to pick up the gifted gun and drive back home to Indiana?

I think technically not, unless pistols. If I'm not mistaken, rifles can be transferred f2f over state lines, but pistols are where the legality comes up. I'm no lawyer tho, so I might be mistaken.
 
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from the atf web
https://www.google.com/url?sa=t&sou...FjADegQIXxAB&usg=AOvVaw1uDIuW-jmUpK0yiAWdiujC


2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at www.atf.gov and
http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this
prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for
example, a friend visiting you may borrow a firearm from you to go hunting. 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. See 18 U.S.C. 922(a)(5).
 

shootersix

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Just remember Illinois has registration of firearms, and all transfers across state lines weather handguns or long arms require a 4473!

So to answer the ops question, the executor of the will, should bring handguns to an Indiana ffl holder, and the recipient should fill out a 4473 and have a background check done, as for the long guns, the executor should take them to a dealer in Illinois, and the recipient should go fill out a 4473 there and take possession as soon as the background check is approved
 

Mark106

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Just remember Illinois has registration of firearms, and all transfers across state lines weather handguns or long arms require a 4473!

So to answer the ops question, the executor of the will, should bring handguns to an Indiana ffl holder, and the recipient should fill out a 4473 and have a background check done, as for the long guns, the executor should take them to a dealer in Illinois, and the recipient should go fill out a 4473 there and take possession as soon as the background check is approved

Illinois has registration of firearms?
Since when?
 

04FXSTS

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I thought atf notified Illinois state police of every gun sale to an Illinois resident

I just moved here from Illinois and the insane gun laws that I think will get worse were a big reason, along with taxes, corruption and democrat rule. I will try to be brief but it is a messed up state. First you must have a FOID (Firearm Owner ID) before you can do anything firearm related. Now you may buy and/or possess firearms and ammo. If you buy a gun from a dealer they will check your FOID card then do the NICS and 4473. Illinois has their own instant check system but when it is called in they only know if it is a long gun or handgun. Face to face non FFL sales must call in the FOID card numbers to verify it is still current before the sale. Then the seller must keep a record of the transaction for ten years. So guns are not actually registered but the transactions are along with the gun owners themselves. Also before I forget, all sales require a three day waiting period no matter from an FFL or individual. I think that pretty much sums it up, but there are so many stupid laws I could have forgotten something. Jim.
 

AmmoManAaron

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from the atf web
https://www.google.com/url?sa=t&sou...FjADegQIXxAB&usg=AOvVaw1uDIuW-jmUpK0yiAWdiujC


2. May I lawfully transfer a firearm to a friend who resides in a different State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual
who does not reside in the State where the transferee resides. 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 recipient’s State of residence. He or she may then
receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background
check. More information can be obtained on the ATF website at www.atf.gov and
http://www.atf.gov/firearms/faq/unlicensed-persons.html. The GCA provides an exception from this
prohibition for temporary loans or rentals of firearms for lawful sporting purposes. Thus, for
example, a friend visiting you may borrow a firearm from you to go hunting. 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. See 18 U.S.C. 922(a)(5).

Just remember Illinois has registration of firearms, and all transfers across state lines weather handguns or long arms require a 4473!

So to answer the ops question, the executor of the will, should bring handguns to an Indiana ffl holder, and the recipient should fill out a 4473 and have a background check done, as for the long guns, the executor should take them to a dealer in Illinois, and the recipient should go fill out a 4473 there and take possession as soon as the background check is approved

No FFL involvement needed if you are inheriting.
 
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