Guns Left To Me In the Will, Now What?

[Ark]

Sorry for the loss.

The firearms are your property now, end of story. There is no process.

Your brother's firearms are his property now. Put 'em in the trunk and drive 'em home.

 

[BehindBlueI's]

Bequeathal of firearms does not require an FFL transfer.

(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business 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. .

Unless his state has some requirement, no need to do anything except comply with interstate transport laws during the trip.

 

[LarryC]

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.

Unless something has changed in the last few months, The "C&R" book can be discarded when you stop renewing your license. It can be trashed - unlike the FFL-01 dealer records which must be sent to the BATF when you discontinue your business. When Biden became president, I did not renew my FFL-03 as I don't know what games they will play. My book will be tossed!

 

[DadSmith]

I'm happy to know anyone I leave my firearms to can simply pick them up and leave.

 

[tcecil88]

Same here.

I'm happy to know anyone I leave my firearms to can simply pick them up and leave.

Same here.

 

[chipbennett]

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.

IANAL, and if you truly have questions, you should consult a lawyer, not INGO. However:

1. Indiana's carry laws regarding licensing do not impact the carry of long guns; only handguns.
2. Indiana's licensing of handguns impacts only the carry of handguns, not the purchase/transfer of handguns.
3. Indiana does not have a waiting period to purchase/transfer firearms.
4. Private transfer of firearms in Indiana does not require an FFL or a background check.

If both your father and you were/are Indiana residents, and the firearms are in Indiana, then there should be no issue with transferring those firearms from his estate to you. (Again, consult a lawyer, if in doubt.)

I assume transfer to your brother, whether from your father's estate or from you, would constitute an interstate transfer, in which case you would need to transfer through an FFL in your brother's state of residence, and that FFL would have to conduct a background check. EDIT: apparently, this is also not the case, since it is an inheritance/bequeathing of property.

 

[Indiana_Jeff]

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

Sincere condolences on the loss of your father. Unless he had some NFA Registered items, then all of his C&R acquisitions should be OK for you to receive in-state. C&R licensees usually---repeat usually---have that type of FFL so that they can directly receive and ship 50YO+ firearms out of state. Good luck & stay safe!

 

[42253]

Sorry for the loss.

The firearms are your property now, end of story. There is no process.

Your brother's firearms are his property now. Put 'em in the trunk and drive 'em home.

I done this. Who knows, who cares. Where did those come from I had them forever.

 

[SnoopLoggyDog]

Dad lived in Ohio and passed away in 2013. Left me all his guns and gun safe. Loaded up everything and brought them to my home to Indiana. That simple.

I keep a gun inventory sheet with a designation of who each firearm should to go to. Wanted to make it easy for my family. The sheet also has updated current values, if they decide to sell some of them.