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Handgun transfer weirdness - across state lines, asking the oracle Login/Join 
Stuck on
himself
posted
My grandfather passed away a few years ago and my grandmother this summer. They had an old revolver which isn't worth much but we want to keep in the family. It wasn't left to anyone specifically.

Here's the situation - my grandparents lived in Arizona. My uncle from Washington claimed the pistol, but now he passed away not quite a month ago. Nobody else on that side of the family is into guns so nobody in Washington wants it, so by default it's going to my mother who lives in Louisiana but ultimately she wants it to go to me and I live in Ohio.

1. Can my cousin in Washington ship it to my mother in Louisiana without having to go through a FFL? It's now her property and you can ship a firearm to yourself, but it's in the hands of her neice in Washington.

or

2. Since the pistol wasn't left to anyone specific, can we declare it MY property and have my cousin ship it to me in Ohio without going through a FFL? Otherwise my understanding is that we'd have to do a transfer once my mom gets ahold of it.

or

3. It's an OLDE Hopkins & Allen in something .32 so it may be a curio/relic. Is the point with the FFL moot?

and finally,

4. If a train leaves LA headed east at 75 mph and a train leaves Chicago headed west at 60 mph, what did the conductor eat for breakfast?

Thanks for any insight which will keep me and my kin from running afoul with the law.
 
Posts: 4177 | Registered: January 23, 2003Reply With QuoteReport This Post
Just for the
hell of it
Picture of comet24
posted Hide Post
That's confusing but if the handgun transfers ownership across state lines it must go through an FFL.

Depending on the state it may have to go through an FFL even for instate transfer.

Other laws may be in effect depending on the state.

edited to add.

1. You say it's her property and that's fine but was it ever transferred to her through an FFL. If not then it needs to go through an FFL

2. If it hasn't gone through an FFL to you then it needs to for you to take possession of it.

3. Do you have a CCR? If not it doesn't matter even if the gun is considered one.

4. eggs. he always easts eggs.


_____________________________________

Because in the end, you won’t remember the time you spent working in the office or mowing your lawn. Climb that goddamn mountain. Jack Kerouac
 
Posts: 16391 | Registered: March 27, 2004Reply With QuoteReport This Post
Step by step walk the thousand mile road
Picture of Sig2340
posted Hide Post
First off, the curio and relic status has no impact unless you have a 03 FFL, Collector of curios and relics.

As a beneficiary of an estate the pistol need not be transferred through an FFL; however, non-licensee's can't ship handguns via the FEDEX or US Mail, and UPS costs an arm and a leg.

The US Mail is a statutory provision, 18 USC 1715, that makes a non-licensee a felon for shipping via the Mail.

FEDEX will only ship to licensee's. That's their tariff.

UPS will ship a handgun to a non-licensee (I.e., to yourself), but it's prohibitively expensive, > $100.

Your two best options are:

1. To travel to Washington to claim it and bring it back with you, or

2. Have a Washington-based FFL ship it to your licensee in Ohio, and do the usual transfer paperwork. Licensee's can ship handguns via the US Mail, and Priority Mail runs about $15, plus another $25 for the shipper, plus another $25 to do the transfer to you in Ohio.

quote:
Originally posted by asonie:
4. If a train leaves LA headed east at 75 mph and a train leaves Chicago headed west at 60 mph, what did the conductor eat for breakfast?


The conductor had lots of swallows.





Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
 
Posts: 31425 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
My other Sig
is a Steyr.
Picture of .38supersig
posted Hide Post
If the gun was made before 1898 you will not need to transfer it using an FFL. If you can't date it before then it would have to go through an FFL.
quote:
Originally posted by asonie:
4. If a train leaves LA headed east at 75 mph and a train leaves Chicago headed west at 60 mph, what did the conductor eat for breakfast?

The giant rat that jumped to the 3rd rail and completed the circuit. Then it wasn't drawing any current and was no longer a conductor.




 
Posts: 9140 | Location: Somewhere looking for ammo that nobody has at a place I haven't been to for a pistol I couldn't live without... | Registered: December 02, 2014Reply With QuoteReport This Post
Member
Picture of bigdeal
posted Hide Post
quote:
Originally posted by Sig2340:
Your two best options are:

1. To travel to Washington to claim it and bring it back with you,
^This. Have them hold onto it for a bit until you travel out there. Then acquire and transport it home. Easy peasy.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
semi-reformed sailor
Picture of MikeinNC
posted Hide Post
I’d go get it when you visit next, if that’s not going to happen, have the person in Washington, go to an FFL and have it shipped to you thru your FFL in (your state), you pay the FFL on your end for the transfer.

The FFL can ship thru the us mail and it’s cheaper than any other way of shipping.

Orrrrr, You are also allowed to ship a firearm to yourself thru fedex or ups..go visit, mail it to yourself back home.



"Violence, naked force, has settled more issues in history than has any other factor.” Robert A. Heinlein

“You may beat me, but you will never win.” sigmonkey-2020

“A single round of buckshot to the torso almost always results in an immediate change of behavior.” Chris Baker
 
Posts: 11268 | Location: Temple, Texas! | Registered: October 07, 2006Reply With QuoteReport This Post
Member
posted Hide Post
I agree with both of Sig2340's options. If you're going to be out that way, get it when you're there. If you're not, just have it sent to an FFL and pay the transfer fee. With a little searching you can probably find somebody that is reasonably cheap. Also look into Ship My Gun as it may lower the cost for your cousin to ship to your local FFL by quite a bit.
 
Posts: 5159 | Location: Iowa | Registered: February 24, 2011Reply With QuoteReport This Post
Funny Man
Picture of TXJIM
posted Hide Post
If you go to Washington state to "take possession" you may have to use an FFL anyway due to their new laws there. The easiest thing to do would be to have them ship it to an FFL in your state and have them transfer it to you.


______________________________
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Posts: 7093 | Location: Austin, TX | Registered: June 29, 2010Reply With QuoteReport This Post
Corgis Rock
Picture of Icabod
posted Hide Post
Keep in mind that Washington has universal background checks. All transfers of guns have to undergo it.

https://app.leg.wa.gov/RCW/default.aspx?cite=9.41.113

That said nobody has been prosecuted to date



“ The work of destruction is quick, easy and exhilarating; the work of creation is slow, laborious and dull.
 
Posts: 6060 | Location: Outside Seattle | Registered: November 29, 2010Reply With QuoteReport This Post
Non-Miscreant
posted Hide Post
It might not even be a gun. Depends on when it was made, it might just be an antique. None of the BS mentioned here applies if it dates to pre 1898


Unhappy ammo seeker
 
Posts: 18387 | Location: Kentucky, USA | Registered: February 25, 2001Reply With QuoteReport This Post
Conservative Behind
Enemy Lines
Picture of synthplayer
posted Hide Post
Just ship it via DHL.



I found what you said riveting.
 
Posts: 10703 | Location: SF Bay Area | Registered: June 06, 2007Reply With QuoteReport This Post
It's not easy being me
posted Hide Post
quote:
Originally posted by comet24:

4. eggs. he always easts eggs.



While I have no helpful answer for questions 1-3, I must add that the conductor always eats Bacon (must be capitalized at all times!) with his eggs!

Heck, my grandfather ate Bacon every day of his life and he lived to be.....
Well, he ate Bacon every day of his life!! Wink Big Grin


_______________________________________
Flammable, Inflammable, or Nonflammable.......
Hell, either it Flams or it doesn't!! (George Carlin)
 
Posts: 2769 | Location: Middle TN | Registered: March 22, 2009Reply With QuoteReport This Post
Member
Picture of sourdough44
posted Hide Post
Have someone take it apart & ship everything but the frame to you.
 
Posts: 6156 | Location: WI | Registered: February 29, 2012Reply With QuoteReport This Post
If you see me running
try to keep up
Picture of mrvmax
posted Hide Post
State laws will need to be checked but federal law May allow you to pick it up.
https://johnpierceesq.com/what...ed-in-another-state/
 
Posts: 4098 | Location: Friendswood Texas | Registered: August 24, 2007Reply With QuoteReport This Post
Member
Picture of bigdeal
posted Hide Post
quote:
Originally posted by mrvmax:
State laws will need to be checked but federal law May allow you to pick it up.
https://johnpierceesq.com/what...ed-in-another-state/
Oh for god sake. Screw Arizona law, he doesn't live there. Pick up the damn gun, take it home, and consider this done. We all lament far too much about these stupid gun laws. For Christ sake, the Fed's can't or won't even prosecute known cases of straw buying nationwide, yet we lament over stuff like this between family members.


-----------------------------
Guns are awesome because they shoot solid lead freedom. Every man should have several guns. And several dogs, because a man with a cat is a woman. Kurt Schlichter
 
Posts: 33845 | Location: Orlando, FL | Registered: April 30, 2006Reply With QuoteReport This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
quote:
Originally posted by Sig2340:
First off, the curio and relic status has no impact unless you have a 03 FFL, Collector of curios and relics.

As a beneficiary of an estate the pistol need not be transferred through an FFL; however, non-licensee's can't ship handguns via the FEDEX or US Mail, and UPS costs an arm and a leg.

The US Mail is a statutory provision, 18 USC 1715, that makes a non-licensee a felon for shipping via the Mail.

FEDEX will only ship to licensee's. That's their tariff.

UPS will ship a handgun to a non-licensee (I.e., to yourself), but it's prohibitively expensive, > $100.

Your two best options are:

1. To travel to Washington to claim it and bring it back with you, or

2. Have a Washington-based FFL ship it to your licensee in Ohio, and do the usual transfer paperwork. Licensee's can ship handguns via the US Mail, and Priority Mail runs about $15, plus another $25 for the shipper, plus another $25 to do the transfer to you in Ohio.

quote:
Originally posted by asonie:
4. If a train leaves LA headed east at 75 mph and a train leaves Chicago headed west at 60 mph, what did the conductor eat for breakfast?


The conductor had lots of swallows.


This is the right answer. Using an FFL is probably the easiest way and cheapest, even though it is not necessary for a transfer from an estate.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53121 | Location: Texas | Registered: February 10, 2004Reply With QuoteReport This Post
Told cops where to go for over 29 years…
Picture of 911Boss
posted Hide Post
While I generally discourage lawlessness, in this case I would simply go get my property laws be damned.


If it went to your uncle years ago, it likely was not transferred, and even if it was it was before the abortion of laws we Washingtonians had foisted upon us last year.

Do your LOCAL laws require registration? If not, than I see no need whatsoever for a paper trail. Up until last year I could gift a firearm without transfer and there is no registration in Washington so nothing to say it wasn’t yours.

Is there registration in Az? Was it registered there? Don’t think this is going to show up at a crime scene, so long as nothing required locally for you to own/possess I’d just get it and keep the goobermint in the dark.






What part of "...Shall not be infringed" don't you understand???


 
Posts: 10927 | Location: Western WA state for just a few more years... | Registered: February 17, 2006Reply With QuoteReport This Post
If you see me running
try to keep up
Picture of mrvmax
posted Hide Post
quote:
Originally posted by bigdeal:
quote:
Originally posted by mrvmax:
State laws will need to be checked but federal law May allow you to pick it up.
https://johnpierceesq.com/what...ed-in-another-state/
Oh for god sake. Screw Arizona law, he doesn't live there. Pick up the damn gun, take it home, and consider this done. We all lament far too much about these stupid gun laws. For Christ sake, the Fed's can't or won't even prosecute known cases of straw buying nationwide, yet we lament over stuff like this between family members.

Do you really think he had no idea he could disregard all laws and go get it himself? I am certain he already knew that so stating the obvious isn’t helping much is it?
 
Posts: 4098 | Location: Friendswood Texas | Registered: August 24, 2007Reply With QuoteReport This Post
Step by step walk the thousand mile road
Picture of Sig2340
posted Hide Post
WRT to Washington UBC law, there is an exception for firearms acquired by the death of the owner, but it is time-limited.

quote:
(h) A person who ... (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...





Nice is overrated

"It's every freedom-loving individual's duty to lie to the government."
Airsoftguy, June 29, 2018
 
Posts: 31425 | Location: Loudoun County, Virginia | Registered: May 17, 2006Reply With QuoteReport This Post
Member
Picture of Blackmore
posted Hide Post
Hopkins & Allen went out of business in 1916 so there's 19 years of operation when the guns they made wouldn't be considered antiques. I'd do everything I could to date it definitively and hope you can establish it was made prior to 1898 so it has antique status.


Truth: The New Hate Speech
 
Posts: 3445 | Location: W. Central NH | Registered: October 05, 2008Reply With QuoteReport This Post
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