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gun registration transfer

Joined
Jun 14, 2015
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2
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United States
Hello I live in texas my dad lives in Alabama he brought me a 9mm and my 3 kids each a 410 shotgun and registered all in his name but he passed and the guns being ours how do I transfer them to my name
 

nonameisgood

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Big D
Hello I live in texas my dad lives in Alabama he brought me a 9mm and my 3 kids each a 410 shotgun and registered all in his name but he passed and the guns being ours how do I transfer them to my name
There is no national or Texas state registration. No need to do anything but enjoy the guns.
 

Grapeshot

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Hello I live in texas my dad lives in Alabama he brought me a 9mm and my 3 kids each a 410 shotgun and registered all in his name but he passed and the guns being ours how do I transfer them to my name
There is no national or Texas state registration. No need to do anything but enjoy the guns.
Getting possession may be problematic - did your dad leave a will? Who is the executor? You will want to jump through the proper hoops as there are felonies to be avoided.

See sections on LG and Handgun Possession re: 1) Will or intestate succession, § 922 (a)(5)(A) giver, § 922 (a)(3)(A), receiver
Items #3 & #4
http://www.fedcoplaw.com/html/federal_firearms_laws.html
 
Last edited:

deepdiver

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Getting possession may be problematic - did your dad leave a will? Who is the executor? You will want to jump through the proper hoops as there are felonies to be avoided.

See sections on LG and Handgun Possession re: 1) Will or intestate succession, § 922 (a)(5)(A) giver, § 922 (a)(3)(A), receiver
Items #3 & #4
http://www.fedcoplaw.com/html/federal_firearms_laws.html
I think he has them in his possession, Grapeshot. He wrote his dad "brought" the guns to him and by "registered in his name" I think he is referring to his father being the one who purchased them as a gift.

Given the entirety of the circumstances, including the states involved, I agree with nonameisgood to not think about it anymore and enjoy the guns.
 

skidmark

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I checked http://www.ago.state.al.us/File-Alabama-Weapon-Laws and could find nothing requiring registration of firearms in Alabama.

David luevanos may be confusing the paperwork a gun purchaser has to fill out with the FFL as "registration". Lots of folks do.

If, as it appears, the father made gifts of the firearms before he died there is nothing to worry about transferring them from the estate to David and his kids.

The only hitch may be a Texas law/regulation about minors possessing firearms or carrying them without parental/adult supervision. It's worth making sure he and his kids do not inadvertently get into problems.

stay safe.
 

Grapeshot

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I think he has them in his possession, Grapeshot. He wrote his dad "brought" the guns to him and by "registered in his name" I think he is referring to his father being the one who purchased them as a gift.

Given the entirety of the circumstances, including the states involved, I agree with nonameisgood to not think about it anymore and enjoy the guns.
Ah so - I misread, my bad. Thought his dad bought the guns and passed away before the physical transfer was accomplished.

Agree - nothing else needs to be done.
 

solus

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by the way david, welcome to the forum and having enough faith to ask your question.

and sorry for you loss but it sounds like the advice is freely flowing and hopefully you will remember, for the most part we are not attorneys but knowledgeable and if something sounds strange please check with your family attorney in your state to get the proper guidance on your situation.

again, welcome and do stick around as i think you will discern the member's have a smidgen of knowledge about a wide breath of subjects.

ipse
 

solus

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here nc
I am very sorry for your loss.

Just so you are aware, if your father, as an Alabama resident, gave the guns to you and your family, Texas residents, as a gift while he was still alive and did not transfer them to you via a Federal Firearms License holder (dealer), then Federal law was violated. There isn't much you can do about it now and it is extremely unlikely that the violation will ever be discovered by any authorities because there is no gun registration in Alabama or Texas. However, you might want to only mention the guns were received as an inheritance and not mention anything about your father bringing the guns to you while he was still alive. There are different Federal laws regarding gifts between residents of different states and inheritances. The former requires an FFL transfer, the latter (in most states) does not.
im sorry commander, say what? do you have a cite, something from 5300.4 current edition would suffice...

ipse
 

solus

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Hello I live in texas my dad lives in Alabama he brought me a 9mm and my 3 kids each a 410 shotgun and registered all in his name but he passed and the guns being ours how do I transfer them to my name
commander, thanks for your cite, but i read the OP's post where the father's firearms were transported by the legal owner of the firearms from his home in Alabama to his son's residence in Texas. (so far from MHO there have been no federal laws as outlined in 5300.4, have been broken here right? and i wasn't aware 5300.4 prohibited the owner of firearms to legally move their own property? remember, methodology is not the issue here!)

further, the father, while alive, brought ('gifted') his firearm(s) to his son and his grandchildren, his son's offspring. (again, so far i do not see from your 5300.4 cite where any type of federal violation has occurred nor where an FFL would be needed since buying a firearm ('gifting') is specifically discussed and allowed by atf guidance.)

now where did you say an ffl would be needed since the firearms since, according to the OP, were taken to Texas by the legal owner of the firearm(s) and the legal owner 'gifted' them to his son & grandchildren?

my only thought centers on the final portion of the OP's statement and i feel the OP is apparently confused by thinking the 4473 his father completed 'registers' the firearms in his late father's name?

ipse
 

nonameisgood

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There is no way to unring that bell. The person who, in your reading, violated these laws is no longer available for prosecution. The receivers did not commit a crime. As I said, don't concern yourself with the matter and enjoy the guns.


Sent from my iPhone using Tapatalk
 

solus

Regular Member
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Aug 22, 2013
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here nc
commander, where are the firearms at this very moment? let me help, TX according to the OP?

how did they get to TX ~ transported by the legal owner according to the OP.

they were a gift from the father to his son and grandchildren.

whom are the ATF going to charge for your alleged violation of 922 criteria cited? rhetorical question!!

what is a texas ffl going to do commander? let's see, bloke walks in off the street with a pistol and three shotguns and asks the grumpy ffl to fill out a 4473. really let me be a fly on the wall for that discussion.

finally...explain the registration the OP is referring to as there is nothing in the federal statutes talking about any sort of firearm registration and a ffl completing a 4473 is not registration?

come on mate, put some kinda critical thinking into this...it is a mute point.

ipse
 

solus

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here nc
There is no way to unring that bell. The person who, in your reading, violated these laws is no longer available for prosecution. The receivers did not commit a crime. As I said, don't concern yourself with the matter and enjoy the guns.


Sent from my iPhone using Tapatalk
noname, that was the rhetorical portion of my post...
 

solus

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Aug 22, 2013
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here nc
commander, please do not follow another member's practice of changing the scenario to 'what ifs' just to fit your presenting case... it is a tacit not worthy of your breath of knowledge and experience base and IMHO cheapens your credibility.

One ship drives east and other drives west by the same winds that blow. It's the set of the sails and not the gales that determines the way they go.
(wilcox)


ipse
 
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