Ron67
Regular Member
imported post
My dad left me his 9mm pistol....do I need to register it? I live in va.
My dad left me his 9mm pistol....do I need to register it? I live in va.
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9mm left for me
- Thread starter Ron67
- Start date
smoking357
Banned
imported post
We don't register guns in America...
...yet.
Does not apply in NYC or other hoplophobic hellholes.
We don't register guns in America...
...yet.
Does not apply in NYC or other hoplophobic hellholes.
TFred
Regular Member
imported post
Ron67 wrote:
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
Ron67 wrote:
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
Gator5713
Lone Star Veteran
imported post
TFred wrote:
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...
TFred wrote:
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...
TFred
Regular Member
imported post
Gator5713 wrote:
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
Gator5713 wrote:
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
TFred
Regular Member
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)]
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)]
TFred
Regular Member
imported post
Interesting! It looks as though there may be an inheritance exception for interstate transfer.
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/18usc_chap44.pdf
Search for "bequest".
TFred (learns new things every day, but remember IAstillNAL!)
Interesting! It looks as though there may be an inheritance exception for interstate transfer.
http://www.atf.gov/pub/fire-explo_pub/2005/p53004/18usc_chap44.pdf
Search for "bequest".
TFred (learns new things every day, but remember IAstillNAL!)
Ron67
Regular Member
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..
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..