Results 1 to 8 of 8

Thread: 9mm left for me

  1. #1
    Regular Member
    Join Date
    Aug 2009
    Location
    Henrico, ,
    Posts
    10

    Post imported post

    My dad left me his 9mm pistol....do I need to register it? I live in va.

  2. #2
    Banned
    Join Date
    Dec 2008
    Location
    Pierce is a Coward, ,
    Posts
    1,100

    Post imported post

    We don't register guns in America...

    ...yet.

    Does not apply in NYC or other hoplophobic hellholes.

  3. #3
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705

    Post imported post

    Ron67 wrote:
    My dad left me his 9mm pistol....do I need to register it? I live in va.
    I'm sorry for your loss.

    Virginia does not have gun registration, so there isn't anything you need to do along those lines.

    If your father lived in another state, there may be issues with the transfer, since all interstate transfers must take place via a licensed firearms dealer. I'm really not sure how that applies in the case of an estate, however.

    TFred


  4. #4
    Lone Star Veteran Gator5713's Avatar
    Join Date
    Sep 2008
    Location
    Aggieland, Texas, USA
    Posts
    593

    Post imported post

    TFred wrote:
    Ron67 wrote:
    My dad left me his 9mm pistol....do I need to register it? I live in va.
    I'm sorry for your loss.

    Virginia does not have gun registration, so there isn't anything you need to do along those lines.

    If your father lived in another state, there may be issues with the transfer, since all interstate transfers must take place via a licensed firearms dealer. I'm really not sure how that applies in the case of an estate, however.

    TFred
    Not strictly true, at least not in the way that you worded it....
    Friend to friend sales/transfers/gifts do not require any paperwork whatsoever. The only time an FFL has to get involved is if you are buying the gun from someone in another state that has to ship it to you!

    In other words... You should be in the clear as far as any paperwork, assuming you picked the gun up in person and aren't needing to 'ship' it. Even if you do, since it is now yours, there are provisions for shipping it to yourself, but you have to be at both ends of that transaction...

  5. #5
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705

    Post imported post

    Gator5713 wrote:
    TFred wrote:
    Ron67 wrote:
    My dad left me his 9mm pistol....do I need to register it? I live in va.
    I'm sorry for your loss.

    Virginia does not have gun registration, so there isn't anything you need to do along those lines.

    If your father lived in another state, there may be issues with the transfer, since all interstate transfers must take place via a licensed firearms dealer. I'm really not sure how that applies in the case of an estate, however.

    TFred
    Not strictly true, at least not in the way that you worded it....
    Friend to friend sales/transfers/gifts do not require any paperwork whatsoever. The only time an FFL has to get involved is if you are buying the gun from someone in another state that has to ship it to you!

    In other words... You should be in the clear as far as any paperwork, assuming you picked the gun up in person and aren't needing to 'ship' it. Even if you do, since it is now yours, there are provisions for shipping it to yourself, but you have to be at both ends of that transaction...
    It is my understanding that any interstate handgun transfer must go through an FFL, whether it's a "sale" or a "gift", or whatever. If my understanding is incorrect, or perhaps just incomplete, I would be very interested in seeing a source to show me that.

    It may be a very good idea to consult a lawyer who is familiar with both estate and firearms law on this one. If the gun is somehow "automatically transferred" to the new owner upon settlement of the estate, then I can see your point. But if the estate is the owner until transfer to the son, there may be issues.

    IANAL, so that is why one should be consulted.

    And of course we aren't even sure there are two states involved in this particular case... but many people will read this thread in the future.

    TFred

  6. #6
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705

    Post imported post

    Here is "a" reference, but I'm sure there are others. I could find no specific question here for estate transfers.

    TFred

    http://www.atf.gov/firearms/faq/faq2.htm

    (B2) From whom may an unlicensed person acquire a firearm under the GCA?
    A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee's premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.

    [18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]

    (B3) May an unlicensed person obtain a firearm from an out-of-State source if the person arranges to obtain the firearm through a licensed dealer in the purchaser’s own State?

    A person not licensed under the GCA and not prohibited from acquiring firearms may purchase a firearm from an out-of-State source and obtain the firearm if an arrangement is made with a licensed dealer in the purchaser's State of residence for the purchaser to obtain the firearm from the dealer.

    [18 U.S.C. 922(a)(3) and 922(b)(3)]

  7. #7
    Regular Member TFred's Avatar
    Join Date
    Oct 2008
    Location
    Most historic town in, Virginia, USA
    Posts
    7,705

    Post imported post

    Interesting! It looks as though there may be an inheritance exception for interstate transfer.

    http://www.atf.gov/pub/fire-explo_pu...usc_chap44.pdf

    Search for "bequest".

    TFred (learns new things every day, but remember IAstillNAL!)

  8. #8
    Regular Member
    Join Date
    Aug 2009
    Location
    Henrico, ,
    Posts
    10

    Post imported post

    Thanks for all of the replies....there was no interstate transfer...Dad just wanted me to have his gun...he had a concealed carry permit for years...I want to carry it with me and I just wanted to make sure everything was legal..

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •