Out of State Transfer Questions

[jnichols2]

I live in Texas, and all my family reside elsewhere. Those who are the subjects of my questions live in Ohio.

I'm 70 now, and thinking about how to see that my guns end up with those that I choose. I would want to present a few in person, and others after I pass.

I have been reading 18 U.S.C. 922. It is; however, not written to inform the average citizen. Our creator put his entire law into 10 short statements that fit on a stone tablet.

What I think I understand:

1. I can make a transfer (to an authorized person) by going from an FFL in Texas, through an FFL in Ohio.

2. I THINK I can also transport it to Ohio and use a single Ohio FFL?

3. If I read 18 U.S.C. 922(a)(5) correctly, my last wishes can be carried out by any executor who can legally transport a firearm from Texas to Ohio without going through an FFL? A brother for example? Would the chosen executor need to be specifically named in my will?

[Aguila Blanca]

1. Correct.

2. Don't know.

3. No. The recipients need to be named, I don't believe the executor must be named. That said -- if you don't name your executor, how do you know the executor will be someone you would want handling your affairs? I have named my executor, with an alternate (also named) in the event the first is unable to accept the role when it comes to pass.

[carguychris]

Originally Posted by jnichols2

I THINK I can also transport it to Ohio and use a single Ohio FFL?

This is perfectly legal PROVIDED that the firearms are lawful to possess in each state and locality that you travel through on the way.

There is a provision in federal law that theoretically protects interstate travel with firearms that are not lawful to possess in intermediate states (google FOPA), but due to its wording, it has proved not to offer full protection if you stop in an unfriendly location for any substantial length of time.

That being understood, most states lying between TX and OH are fairly gun-friendly and don't ban anything that's lawful in TX, so you should have no problem if you use a direct route.

Lastly, laws regarding carrying firearms while in a vehicle vary, but you're generally OK if they're in a locked case separate from the ammunition and well out of reach of the driver.

[jnichols2]

My route from Texas to Ohio is all friendly.

Some of the states require guns be unloaded, but all of them recognize my Lisence to Carry. I also have lockable ammo cans.

Thanks for the info.

[Frank Ettin]

Originally Posted by nichols2

I live in Texas, and all my family reside elsewhere. Those who are the subjects of my questions live in Ohio.

I'm 70 now, and thinking about how to see that my guns end up with those that I choose. I would want to present a few in person, and others after I pass.....

You asked essentially this question two years ago, and the basic federal law on interstate transfers was cited and explained. See this thread:Pass Guns to Family in Another State.

The basic rule is that generally guns being transferred to a resident of another State must be transferred through an FFL. It can always be an FFL in the transferee's State or residence. In some cases, if the gun is a long gun, if can be an FFL in the transferor's State of residence.

For the purposes of federal law the gun(s) can get to the transfer FFL by any legal means. So it would be legal under federal law --

• for the transferee to hand deliver the gun(s) to the transfer FFL; or
  
  
• for the transferee to personally ship the gun(s) in a legal manner (i. e., FedEx or UPS for long guns or handguns, or USPS for rifles or shotguns only) to the transfer FFL; or
  
  
• for the transferee to have an FFL ship the gun(s) on his behalf to the transfer FFL.

However some FFLs have their own business policies. For example, some won't accept "walk-ins" for transfer, or some won't accept for transfer guns shipped by a non-FFL. FFLs may also charge a fee for doing the transfer. So it makes some sense to do some shopping for a transfer FFL to find one whose fee is acceptable and to work out mutually acceptable procedures for delivery.

In the case of guns being transferred to effectuate a bequest of the transferor after his death, federal law doesn't necessarily require the use of an FFL (although the laws of some States might). But the federal statutes refer specifically to bequests, and the word "bequest" has a specific meaning in the law. It is a gift of personal property by a will.

Bequeathing something by will can be a formal process. In general a will must be in writing and satisfy the formal requirements of the State in which the will is made. For example, in most States a will must be signed by the testator and two witnesses.

Where there is a will it normally must be submitted to probate in court (some State might not require formal probate if the estate is small enough or if there's no real property). Here's roughly how probate works.

1. The will ordinarily designates an executor (i. e., the personal representative of the decedent). That person is not the executor unless and until the will is admitted to probate in the proper court and the court issues Letters Testamentary recognizing that person as executor.
   
   
2. The executor once qualified then proceeds to identify and account for the assets of the estate. He may need to collect debts owed the decedent and manage property or other assets of the estate. He might also need to sell assets of the estate to raise funds to pay debts of the decedent and/or taxes. He or she then pays debts and taxes of the decedent under court supervision.
   
   
3. The executor then handles, again under court supervision, distribution of the assets of the estate in accordance with the terms of the written will.
   
   
4. If the formalities involved in the distribution of the decedent's property under a will haven't been followed, it's not clear that just being handed a gun included in the property identified in a will as going to you is acquiring a gun by bequest for the purposes of federal law (18 USC 922(a)(3) and 18 USC 922(a)(5)).

If there's no will or if there is property not addressed in the will, property will pass by intestate succession. That's not an informal dividing up of the decedent's property amongst the relatives. It's a highly formalized procedure.

1. First, someone has to go to the proper court and apply to be named the administrator (i. e., the personal representative of the decedent to wind up the estate) of the decedent's estate.
   
   
2. Once the court has issued an order designating someone as the administrator, that person proceeds to identify and account for the assets of the estate. He or she then uses those assets to pay any remaining debts of the decedent and any taxes due. This is all done under the supervision of the court.
   
   
3. After the debts and taxes are paid, the administrator, under court supervision, will distribute any remaining assets to those relatives entitled under the applicable statutes to a share of the estate. Only those relatives specifically identified in the applicable statutes are entitled to a share of the decedent's property, and only in the proportion set out in the applicable statutes.

It's true that often, if there's not a lot of property involved, the relatives don't bother with the formalities and just divide everything up. That usually works out as long as no one complains. But it might not satisfy federal law if a gun is involved.