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Originally Posted by +1k ammo
...Just a follow up, my Father just passed after a long battle with lymphoma and he requested that several of his guns be sent to his kids. My Mom is fine but she will not touch his gun room and the many many guns,so it is up to me.
So I am assuming that I can distribute the guns to my siblings and myself at the bequest of my Father without FFL or any other involvement? This is from MI to (IL and Ohio)...
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My condolences. You might not be able, however, to handle things as you suggest. Under the exact language of the statutes (e. g., 18 USC 922(a)(3)), the exception applies only when one:
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...lawfully acquires a firearm by bequest or intestate succession...
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The terms used, "bequest" and "intestate succession", have very specific meanings.
First, let's focus on "bequest"
- Was there a will admitted to probate?
- That's important because a bequest is, specifically (emphasis added):
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..A gift of personal property (usually other than money) by means of a will...
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So if there's no will, the gift is not a bequest.
We also need to look at "intestate succession".
- Without a will, who winds up with your father's property will be determined by the applicable intestate (without a will) succession laws. It's likely that under the applicable intestate succession laws the guns actually now belong to your mother.
- Of course, in that case your mother would be free to give the guns to whomever your father wanted to have them. She could thus carry out his wishes, but the transfers are, from the standpoint of the law, gifts from her since she is now the owner. Therefore, the transfers would not be within the exception to the federal interstate firearm transfer laws.
- Therefore, the guns would need to be sent to FFLs in the home States of the transferees, to be transferred in accordance with the usual formalities.