Transporting an Inherited Collection

BarryLee · November 8, 2011, 03:18 PM

A friend informed me that his Grandfather had passed away and he has inherited Granddad’s gun collection. He plans to go and pick up everything this weekend and wants me to look it over to see what he has. I told him I am by no means an expert, but would be glad to assist.

So, here is the question. His Grandfather owns a home in suburban Atlanta and considered it his primary legal address. However, he had a vacation home in Hilton Head, SC and that is where the gun collection is. So, can my buddy legally go over and load these items in his car trunk and drive them back to Atlanta? I think that interstate transportation of firearms normally has to involve a FFL, but does the fact that his Grandfather’s legal address was in Georgia matter? What about the fact that these are inherited items as opposed to purchased items?

I discussed the legal concern with him and he did not seem very worried, but I was curious just the same.

ATW525 · November 8, 2011, 03:46 PM

As long as your friend can legally possess firearms, there shouldn't be any issues with him just driving over and picking them up. Only handguns normally need to go through FFLs interstate, and US Code Title 18, Part 1, Chapter 44, Section 922(a)(5)(A) provides an exception to the those requirements for handguns that are inherited.

BarryLee · November 8, 2011, 03:56 PM

Thanks. I should have mentioned that the collection does include long guns as well as handguns. Ok, I guess it looks like he is good to go. I guess he might want to print a copy of the regulation that you referenced. He already has a copy of the Will.

hermannr · November 8, 2011, 04:16 PM

No need for an FFL in Inherited fiearms...

tell him to drive up, put them in his trunk, and drive home...GA doesn't have any firearm registration so he doesn't need to do anything buy go get them.

carguychris · November 8, 2011, 05:02 PM

Quote:

No need for an FFL in Inherited fi[r]earms...

This is true, but there are two potential catches:

The guns must be legal to own in the destination state. 18 USC §922(a)(5)(A) does not exempt the new bequeathed owner from applicable state laws regarding ownership of certain types of firearms. (I am not familiar with SC or GA firearms laws, so I cannot comment on their specific differences.)
In order to take advantage of the FFL transfer exemption in 18 USC §922(a)(5)(A), the guns must be bequeathed specifically to the new owner. For example: Uncle Bob passes away. Bob's will says that his nephew Dwayne, who resides in another state, gets all of his personal property. This exempts Dwayne from the FFL transfer requirement, but if Dwayne decides to give some of the guns to his sister Sue, who lives in a third state, she is not exempt from the transfer requirement. Bob's will says that the guns belong to Dwayne! A FFL must transfer the firearms from Dwayne to Sue.

Dr. Strangelove · November 8, 2011, 05:29 PM

To my knowledge, no specific weapon is banned in GA, our state laws allow anything allowed by the feds.

November 8, 2011, 03:18 PM	#1
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	Transporting an Inherited Collection A friend informed me that his Grandfather had passed away and he has inherited Granddad’s gun collection. He plans to go and pick up everything this weekend and wants me to look it over to see what he has. I told him I am by no means an expert, but would be glad to assist. So, here is the question. His Grandfather owns a home in suburban Atlanta and considered it his primary legal address. However, he had a vacation home in Hilton Head, SC and that is where the gun collection is. So, can my buddy legally go over and load these items in his car trunk and drive them back to Atlanta? I think that interstate transportation of firearms normally has to involve a FFL, but does the fact that his Grandfather’s legal address was in Georgia matter? What about the fact that these are inherited items as opposed to purchased items? I discussed the legal concern with him and he did not seem very worried, but I was curious just the same. __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

November 8, 2011, 03:56 PM	#3
BarryLee Senior Member Join Date: July 29, 2010 Location: The ATL (OTP) Posts: 3,946	Thanks. I should have mentioned that the collection does include long guns as well as handguns. Ok, I guess it looks like he is good to go. I guess he might want to print a copy of the regulation that you referenced. He already has a copy of the Will. __________________ A major source of objection to a free economy is precisely that it ... gives people what they want instead of what a particular group thinks they ought to want. Underlying most arguments against the free market is a lack of belief in freedom itself. - Milton Friedman

November 8, 2011, 05:29 PM	#6
Dr. Strangelove Senior Member Join Date: August 1, 2008 Location: Athens, GA Posts: 1,436	To my knowledge, no specific weapon is banned in GA, our state laws allow anything allowed by the feds. __________________ Just remember, when you pull the trigger, the bullets come out going very, very fast. So make sure to keep the weapon pointing away from you.

November 8, 2011, 03:46 PM	#2
ATW525 Senior Member Join Date: March 14, 2005 Location: Concord, NH Posts: 2,723	As long as your friend can legally possess firearms, there shouldn't be any issues with him just driving over and picking them up. Only handguns normally need to go through FFLs interstate, and US Code Title 18, Part 1, Chapter 44, Section 922(a)(5)(A) provides an exception to the those requirements for handguns that are inherited.

November 8, 2011, 04:16 PM	#4
hermannr Senior Member Join Date: March 24, 2011 Posts: 730	No need for an FFL in Inherited fiearms... tell him to drive up, put them in his trunk, and drive home...GA doesn't have any firearm registration so he doesn't need to do anything buy go get them.