Inherting guns across state lines (OR to WA)

[JTech]

My father passed away a few weeks ago, there was no Will and I am legally the next of kin. He owned three handguns that I need to figure out how to transfer them to me legally. He lived in Portland and I am in Vancouver. Normally, a seller from Oregon would bring the gun(s) to my WA FFL and then they would be transferred to me. In this case, I am technically the owner the guns now, but I am not sure I can take them across the state line to have them transferred legally to me or do I even need to take them to an FFL? I have read older threads that note the ATF does not require anything for inheritance, but my concern lies with WA state laws that have been enacted in the past few years.

I see this part of the RCW, but it doesn't mention anything for interstate transporting of them:

(h) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws; or

I am sure someone here has gone through this process and can give some advice on what the best way to deal with it would be.

Read More

 

[gunnails]

I am sorry for your loss.

Some might simply just take them home and claim they have had them since long before WA enacted there crazy transfer law.

 

[JTech]

I am sorry for your loss.

Some might simply just take them home and claim they have had them since long before WA enacted there crazy transfer law.

Normally I would have no issue with that. He would have given them to me had he knew he was going to pass, but it didn't go that way. He had a girlfriend that he lived with and I trust her, but not 100% if something were to happen later on. I also have a brother who also lives in Clark County, but he has no interest in them and doesn't care what I do with them. My concern lies with the WA transfer laws and I want to cover my bases in the event that someone down the road decides they want to screw with me.

 

[slimmer13]

According to the ATF, pick them up and take them home. Bequest or succession is exempt from federal law.

To whom may an unlicensed person transfer firearms under the GCA? | Bureau of Alcohol, Tobacco, Firearms and Explosives

As far as WA law, I wouldn't worry about it. What are you supposed pick them up, take them to a dealer and transfer them to yourself? Yeah, no.

No lawyer, but federally, as soon as you pick them up in Portland, they are your guns, so the moment you enter the state of WA, you are entering with your guns.

 

[gunnails]

I'm just not knowledgeable on this but will weigh in some more anyway.

Take them to a FFL in OR and have them send them to a FFL local to your home where they can be transferred to you. That should cost less then $150 for shipping and background checks.

 

[Lilhigbee]

"What guns, Dad's guns?? I don't know what he did with them."
"These guns?? These are my guns, I've had them for years."

 

[slimmer13]

WA can't tell you what to do in another state. As long as you acquire them legally in that state, you can then legally bring them home.

 

[gunnails]

(h) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws; or

Why not just take them home and then contact the department of licensing?

Sound like that won't cost a thing?
WA State Licensing (DOL) Official Site: Contact us - Firearms Program

 

[slimmer13]

(h) A person who (i) acquired a firearm other than a pistol by operation of law upon the death of the former owner of the firearm or (ii) acquired a pistol by operation of law upon the death of the former owner of the pistol within the preceding sixty days. At the end of the sixty-day period, the person must either have lawfully transferred the pistol or must have contacted the department of licensing to notify the department that he or she has possession of the pistol and intends to retain possession of the pistol, in compliance with all federal and state laws; or

Why not just take them home and then contact the department of licensing?

Sound like that won't cost a thing?
WA State Licensing (DOL) Official Site: Contact us - Firearms Program

That's for a transfer within the state of WA. By the time the OP, gets across the bridge, the transfer will have already taken place, and they will already be his.

 

[gunnails]

That's for a transfer within the state of WA. By the time the OP, gets across the bridge, the transfer will have already taken place, and they will already be his.

===============

JTech is wanting to be cautious and follow the spirit of the new WA laws. I get that, at a certain point in our lives we try to minimize risks.

Maybe just call the licensing folks today and explain the situation and ask them how to proceed.

 

[ZA_Survivalist]

Im sorry for your loss.

Unless there is a dispute amongst family members as to who gets what, I wouldn't register or transfer anything on paper regardless of the law.

They were your fathers, with his passing unless certain firearms carry with them special paper work (NFA), its no ones business but yours.
Laws be damned. IMO, inherited items are no ones business but those directly involved. YMMV

 

[JTech]

===============

JTech is wanting to be cautious and follow the spirit of the new WA laws. I get that, at a certain point in our lives we try to minimize risks.

Maybe just call the licensing folks today and explain the situation and ask them how to proceed.

Let it be know that I am not a fan of most of the laws, as most here are not as well. In this case, there are others that know I will eventually take the guns home and also knew that my dad had them in his possession until he passed. While I trust them now that they would not use it against me (if there is anything to use), in this case I want to make sure I am covered so there is no issue down the road in the event that there is a falling out or revenge for something petty.

Currently my in-laws are in probate with her mothers estate and three of the siblings are suing my mother in-law who is also the executor. I also have a friend of a friend that spent time in Oregon State prison because she did not deal with her fathers estate in the correct way. She didn't intentionally do anything wrong, but her siblings thought she was knowingly embezzling money and turned her in. In the end she did two years for something she did not even remotely think was wrong. I would like to avoid that down the road if my sibling or other people in the know decided to turn me in.

 

[Vaultman]

Let it be know that I am not a fan of most of the laws, as most here are not as well. In this case, there are others that know I will eventually take the guns home and also knew that my dad had them in his possession until he passed. While I trust them now that they would not use it against me (if there is anything to use), in this case I want to make sure I am covered so there is no issue down the road in the event that there is a falling out or revenge for something petty.

Currently my in-laws are in probate with her mothers estate and three of the siblings are suing my mother in-law who is also the executor. I also have a friend of a friend that spent time in Oregon State prison because she did not deal with her fathers estate in the correct way. She didn't intentionally do anything wrong, but her siblings thought she was knowingly embezzling money and turned her in. In the end she did two years for something she did not even remotely think was wrong. I would like to avoid that down the road if my sibling or other people in the know decided to turn me in.

Reading your second paragraph here and you other concerns, I would say the answer is simple: hire an attorney.

 

[Kruel J]

Reading your second paragraph here and you other concerns, I would say the answer is simple: hire an attorney.

Correct. Consult an attorney who specializes in firearm law.

Thread closed.