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Old January 26, 2022, 11:15 AM   #1
Roland Thunder
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Join Date: December 29, 2010
Location: Gwinnett County Georgia
Posts: 1,136
Gifting a firearm via last will and testament

I am in the process of creating a will, I live in Georgia. I am planning to leave my firearms to my stepson who lives in Florida. I have specified that all my assets be left to my wife but there is a special "gifting section" that allows for personal property to be distributed. My impression is that this gift section is outside the scope of asset distribution.

Since the firearms are being distributed as a gift and not as a beneficiary of my assets, is this legal? Federal law, I understand, does not require an FFL if the firearms are bequeathed to a person in another state if they are via a will. Or would I be better off telling my wife to transfer them via FFL to be on the safe side.
Do not follow where the path may lead, go, instead where there is no path and leave a trail - Ralph Waldo Emerson
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Old January 26, 2022, 12:24 PM   #2
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Join Date: November 15, 2014
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I'm not sure that I am 100% correct but my understanding is that if it's going to another state is has to transfer to a dealer in the other state...period.

Call BATF closest to you and ask them. It's better than a lawyer fee.
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Old January 26, 2022, 12:55 PM   #3
Frank Ettin
Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,450
Originally Posted by hub1home
…Call BATF closest to you and ask them…
Nope, the OP really needs his own lawyer for a number of reasons:
  1. The OP’s question involves not only federal firearms law. It potentially involves issues under state inheritance/probate law as well as state laws on the transfer of firearms.

  2. ATF enforces federal firearms law. It doesn’t provide legal advice to individuals.

  3. A will is often prepared well before it is needed. During that time, laws can change. A good estate plan lawyer will monitor changes to applicable laws and advise clients if estate plan changes should be considered.
"It is long been a principle of ours that one is no more armed because he has possession of a firearm than he is a musician because he owns a piano. There is no point in having a gun if you are not capable of using it skillfully." -- Jeff Cooper
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