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family heirloom transfer across state lines

Discussion in 'Legal & Political Archive' started by Kevatc, Oct 7, 2013.

  1. Kevatc

    Kevatc Oregon Well-Known Member

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    My Grandpa gave my Dad his Winchester Model 1894 (born in 1902). My dad subsequently gave it to me and many years ago I drove it from Wyoming to Oregon. I now want to give it to my sister who lives in Wyoming so she can pass it on to my niece who will appreciate it and keep it in the family.

    Since this won't involve any type of financial transaction and the rifle will be going back to the person who gave it to me do I still need to do a FFL transfer?

    Another related question: I want to make sure my firearms go to my wife when I die. Do I have to specifically designate these items or are they like any other type of personal property that I would want passed on to whomever I designate?

    Is there a such thing as gifting a firearm and avoiding the FFL transfer? business?
     
  2. drew

    drew OR Well-Known Member

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    Assuming it wasn't a loan, you'll still legally need a FFL transfer unless you're both residents of the same state. If ownership transferred, it's considered an interstate transfer.

    I'm not aware of anything special with a will you need to do for most firearms. NFA items are an exception.

    Transfers as part of an estate avoid interstate FFL transfers it but that only happens after a death. Maybe transfer the firearm into a trust.
     
  3. Misterbill

    Misterbill Yakima County, Washington New Member

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    Well, whatever you so, don't accidentally forget to take back home your antique rifle that you brought with you for target practicing the next time you visit your sister in Wyoming. I mean, that would leave it in your sister's possession. Can't have that.
     
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  4. Swedish K

    Swedish K SW Washington Moderator Staff Member

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    Ya know its a pity that you shipped your rifle to yourself in WY for that family antelope hunt before you found out that you couldn't get the time off from work. You may as well have your sister keep it there so you don't have to haul it back and forth - and in your will the item will pass to the appropriate family member upon your demise...
     
    orygun, Nwcid, Kevatc and 7 others like this.
  5. ZA_Survivalist

    ZA_Survivalist Oregon AK's all day.

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    Drive it back and then accidentally forget it there. No laws against that.
     
  6. SCARed

    SCARed Vancouver, WA Well-Known Member

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    Since this is what yor trying to accomplish, it sounds like you were actually just borrowing it. In which case you can just send it back to them since it was always theirs to begin with.
     
  7. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    What happens in the family, stays in the family.
     
  8. xlsbob

    xlsbob coos county Platinum Supporter Platinum Supporter

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    ^exactly
     
  9. Velzey

    Velzey Estacada, Oregon Gunsmith Gunsmith Bronze Vendor Bronze Supporter

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    No FFL transfer needed.
     
  10. Kevatc

    Kevatc Oregon Well-Known Member

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    so what do I tell Fedex though when I ship it to a private residence?
     
  11. BDA.45

    BDA.45 oregon Well-Known Member 2016 Volunteer

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    Your grandpa gave your niece a Winchester Model 1894? Thats cool! Hope she likes it!!!
     
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  12. Nwcid

    Nwcid Yakima and N of Spokane Well-Known Member

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    Section 9, Firearms - Frequently Asked Questions - Unlicensed Persons | ATF

    Q: May a nonlicensee ship firearms interstate for his or her use in hunting or other lawful activity?
    Yes. A person may ship a firearm to himself or herself in care of another person in the State where he or she intends to hunt or engage in any other lawful activity. The package should be addressed to the owner. Persons other than the owner should not open the package and take possession of the firearm.


    You ship your gun to yourself.
     
  13. jbett98

    jbett98 NW Oregon Bronze Supporter Bronze Supporter

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    When shipping a long gun, I make my own shipping boxes.
    There is a commercial building near me that has a 30 yard dumpster full of refrigerator/freezer cardboard.
    Wrap the gun in two or more layers of bubble wrap, then cut a section of cardboard 1' longer then the gun.
    Start rolling a continuous triangle shape around the gun until you get at least two layers. Tape it around the middle and near the ends.
    Cut the ends where it's bent and fold/tuck into the openings. Tape the crap out of the ends. Tape is cheap, use a lot.
    The triangle shape is very strong and you would never think that a rifle is inside that kind of shape.
     
  14. PDXSparky

    PDXSparky Keizer / Hillsboro Well-Known Member

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    +1