Inherited guns from TN - Questions

[GAGunguy]

My buddy inherited 20+ guns from his uncle who was retired detective. Most of what he inherited is going to be sold and the proceeds split between the heirs.

Questions:
Can you inherit guns from a TN relative if you live in GA? Do they need to be transferred via FFL?

If a gun is listed for sale in GA (on ODT), buy was originally purchased in TN, can you physically take to the LGS/FFL to be transferred to the GA, or does it have to be shipped from TN to a FFL?

Thanks

 

[NWSharpshooter]

Long guns can be transferred to the owner by a TN FFL. Handguns will have to be transferred to the new owner by an FFL in the state the new owner resides in.

 

[BanjoJohn]

Your buddy should have all the weapons transferred to himself as a Georgia resident.
Then he can sell them in Georgia without anymore FFL/BOS involvement, unless he thinks he has to have a BOS/FFL transfer.

 

[GAGunguy]

Your buddy should have all the weapons transferred to himself as a Georgia resident.
Then he can sell them in Georgia without anymore FFL/BOS involvement, unless he thinks he has to have a BOS/FFL transfer.

I'm assuming he would have to pay a FFL for each one, right?

 

[BanjoJohn]

I'm assuming he would have to pay a FFL for each one, right?

Well that depends upon the FFL holder. A single form can have several firearms on it.

I know a few that wouldn't charge me anything.

 

[js415]

I have sent the ATF a letter about this in the past, and I need to try and find their response.

They told me that legally, if your buddy is listed in the will, by name, then they are being given to him "intestate" (sp?). This is only if he is "specifically" listed in the will. Not just a word of mouth sort of thing.

It won't work if it is a deal where "your uncle always wanted you to have these, so take them". The firearms do not have to be listed by make, serial, etc.

If I can find my reply letter, I will post it up. I had to go through this when my uncle passed. Unfortunately, he only "wanted" me to have them. He did not put my name in the will.

So, I had to transfer mine. Luckily, it was only a couple, so no big charge to get them here.

This info might also be found on ATF's website.

Jerry

 

[js415]

Here is a quoted section from a website discussing this matter. As you can tell, there are several state law involved, so he needs to make sure that all the laws in all the states are followed.

Turning to federal law, where one might expect to find a prohibition, we find that 18 U.S. Code § 922(a)(3) generally does forbid “any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector [from] transport[ing] into or receive[ing] in the State where he resides … any firearm … obtained by such person outside that State.”

However, under the same code section they provide an exemption allowing “any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence [to] transport … the firearm into [his state of residence] if it is lawful for such person to purchase or possess such firearm in [his state of residence].”

Jerry

 

[js415]

Here is an actual discussion from US Law Shield. And this info specifically talks about Georgia and out of state inheritance.

https://www.uslawshield.com/rules-you-must-know-when-inheriting-firearms-in-georgia/

Jerry

 

[The Old Jaybird]

In the OP's case, wouldn't it be easier to sell the guns in TN, then the cash can be split with no hassles? Just saying.

 

[GAGunguy]

In the OP's case, wouldn't it be easier to sell the guns in TN, then the cash can be split with no hassles? Just saying.

That would be easier, but heir lives in Atlanta.