Firearms in the family out of state?

9mm · November 8, 2011, 02:08 PM

Hi, there are some old firearms in our family that someday my dad wants to get from other family members. What is the legal process to get these? FFL I know but what about year of MFG on these? I believe there is like 3 or 4 of them, all long guns. I believe some are black powered and before the year 1899 I know that changes things?

Idahoser · November 8, 2011, 02:33 PM

I would think that would be a state law thing. Here in TN, we can purchase long guns in a state that touches ours without trouble, but handguns would have to be transferred. Unless we were talking about C&R, over 50 years old, then a license can allow interstate without a dealer transfer.

You aren't purchasing these however, so I would hope that would simplify things a lot. Assuming your state wouldn't consider you a prohibited person, I would think you could just pick them up, but that's not advice.

And I believe over 100 years old, it's no longer legally a firearm, unless your state has different rules.

hermannr · November 8, 2011, 02:40 PM

Anything manufacture on or before 1898 is not a firearm in federal law. You can handle, transfer, move them just like a piece of wood, or steel.

Manufactured after 1898, rare and collectable weapons, and those 50 years old or older can be transfered under a C&R license without going through a dealer. Any "Collector" can get one of these from the ATF. (assuming it is legal for the person to own any firearms)

Anything inherited can be picked up and taken home, no transfer,

The above is federal law..you also need to also know your state law. Read your state law, and know it!!!! Some states are easy, others are rediculas.

9mm · November 8, 2011, 10:10 PM

Quote:

C&R license

I am going to apply for my C&R license in the next 8~10 months, I know its only like $30? and you can buy WWII rifles/handguns off JGSALES/GB/AIMSURPLUS etc....(shipped to your door) So how would I use that to get them? Yes they are well over 50 years old.

Don H · November 8, 2011, 10:49 PM

Quote:

Originally Posted by Idahoser

You aren't purchasing these however, so I would hope that would simplify things a lot. Assuming your state wouldn't consider you a prohibited person, I would think you could just pick them up, but that's not advice.

Interstate transfers of firearms must be made through an FFL, unless it is a bequest. Transfer means transfer of ownership, not necessarily just a sale of a firearm. See 18 USC 922(a)(3) and (5), 922(b)(3).

Idahoser · November 9, 2011, 01:05 PM

well, just to make sure we're not confusing things, I can buy long guns in Mississippi, Arkansas, Alabama, Kentucky, Georgia,... any state that touches TN. and I can bring them home with me.

natman · November 9, 2011, 01:13 PM

Quote:

well, just to make sure we're not confusing things, I can buy long guns in Mississippi, Arkansas, Alabama, Kentucky, Georgia,... any state that touches TN. and I can bring them home with me.

You can buy a long gun in any state as long as it's legal in BOTH the state of purchase and the state of residence. The "contiguous state" law went out in 1986.

Don H · November 9, 2011, 01:58 PM

Quote:

Originally Posted by Idahoser

well, just to make sure we're not confusing things, I can buy long guns in Mississippi, Arkansas, Alabama, Kentucky, Georgia,... any state that touches TN. and I can bring them home with me.

As long as the transfer is made through an FFL as federal law requires. Interstate private party sales must also be made through an FFL.

carguychris · November 9, 2011, 02:39 PM

Quote:

I am going to apply for my C&R license in the next 8~10 months, I know its only like $30? and you can buy WWII rifles/handguns off JGSALES/GB/AIMSURPLUS etc....(shipped to your door) So how would I use that to get them?

AFAIK a C&R license is still $30. Contrary to popular belief, the license does not only cover milsurps. It covers all firearm over 50 years old, C&R guns listed by the ATF, and individual guns associated with a historical person or event (the latter category is seldom encountered by most average C&R buyers).

A C&R licensee is allowed to buy C&R guns across state lines from nonlicensees. C&R handgun sales to out-of-state individuals still have to go through a home-state FFL, but C&R long gun sales do not.

A C&R license also gets you dealer prices at mail-order shooting supply houses like Midway USA and Brownell's. This often offsets the $30 license cost within a month or two.

Quote:

You can buy a long gun in any state as long as it's legal in BOTH the state of purchase and the state of residence. The "contiguous state" law went out in 1986.

Correct; to expound on this point a bit, prior to 1986, contiguous-state long gun sales were only allowed if the home state had laws allowing them. This creates some confusion because some states still have a contiguous-state provision on their books ("...residents of [state name] may purchase firearms from federal firearms licensees in[list of bordering states].")

These state laws generally don't specify that a buyer can only purchase long guns in the listed states. These provisions are now superfluous.

Don P · November 10, 2011, 09:07 AM

Quote:

You can buy a long gun in any state as long as it's legal in BOTH the state of purchase and the state of residence. The "contiguous state" law went out in 1986.

Its so nice when people get things right.
Folks as I have stated before and other members have stated.
The ATF at www.atf.gov has publications available FOR FREE One that I would suggest for the key board pounders is, ATF publication # 5300.4 which is titled, Federal Firearms Regulations Reference Guide. In it there is a wealth of information and in the ATF's publications list there are other books and booklets with valuable info and again FOR FREE

November 8, 2011, 02:08 PM	#1
9mm Senior Member Join Date: January 9, 2011 Location: Land of the Free Posts: 2,834	Firearms in the family out of state? Hi, there are some old firearms in our family that someday my dad wants to get from other family members. What is the legal process to get these? FFL I know but what about year of MFG on these? I believe there is like 3 or 4 of them, all long guns. I believe some are black powered and before the year 1899 I know that changes things?

November 8, 2011, 02:33 PM	#2
Idahoser Senior Member Join Date: April 13, 2005 Location: West TN Posts: 244	I would think that would be a state law thing. Here in TN, we can purchase long guns in a state that touches ours without trouble, but handguns would have to be transferred. Unless we were talking about C&R, over 50 years old, then a license can allow interstate without a dealer transfer. You aren't purchasing these however, so I would hope that would simplify things a lot. Assuming your state wouldn't consider you a prohibited person, I would think you could just pick them up, but that's not advice. And I believe over 100 years old, it's no longer legally a firearm, unless your state has different rules.

November 8, 2011, 02:40 PM	#3
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	Anything manufacture on or before 1898 is not a firearm in federal law. You can handle, transfer, move them just like a piece of wood, or steel. Manufactured after 1898, rare and collectable weapons, and those 50 years old or older can be transfered under a C&R license without going through a dealer. Any "Collector" can get one of these from the ATF. (assuming it is legal for the person to own any firearms) Anything inherited can be picked up and taken home, no transfer, The above is federal law..you also need to also know your state law. Read your state law, and know it!!!! Some states are easy, others are rediculas.

November 9, 2011, 01:05 PM	#6
Idahoser Senior Member Join Date: April 13, 2005 Location: West TN Posts: 244	well, just to make sure we're not confusing things, I can buy long guns in Mississippi, Arkansas, Alabama, Kentucky, Georgia,... any state that touches TN. and I can bring them home with me.