Quote:
|
Originally Posted by armsmaster270
...What if dad loans sonny the guns and he takes them back home then dad passes away before he can return them?...
|
The statutes refer specifically to bequest (a gift under a will) or intestate succession (transfer of someone's property who dies without a will). These things can take place only after one has died. And the loan exception referred to in 922(a)(5) doesn't excuse taking the guns home to another State in violation of 922(a)(3).
If Sonny takes the guns home to Florida while Dad is still alive, Sonny has already committed a federal felony, and Dad's subsequent death won't change that.
Quote:
|
Originally Posted by AirForceShooter
BATF answer to this exact question:
It totally depends on local laws as to how the inheritance takes place. As far as the federal government is concerned, a gun can be taken across state lines to deliver as either an inheritance or gift as long as it is legal for the person receiving the gun to own it at their location. The transfer does not have to go through a FFL unless state law requires it....
|
And where exactly is that answer? Your links don't work for me either.
The statutes are the law and control, and the statutes don't say anything about a "gift." They only refer to bequest or intestate succession, and that happens only after death. If Dad is still alive, any rules relating to inheritance are irrelevant.