I'd call the Virginia State Police and ask them.

http://www.vsp.state.va.us/Firearms.shtm

quote:

Originally posted by charlie12:
I have a deal something like that I've been wondering about. I live in Louisiana and my sister lives in Mississippi. Our daddy had a pistol that my sister wants. He died in 1980 and the pistol was bought new by him back in the 60's. It's been here at Daddy's house here in LA. since he died. I guess it's half mine and half hers since there was no will and we are the only two kids.
Can she just come get it and take it home with her?

Charlie12:
PER ATF:

.
Transferring/Shipping
/Possession
of Firearms
4.May I lawfully transfer a firearm to an individual who resides in a different Stat
e?
What if the individual resides within the same State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an
individual who does not reside in the State where the transferee resides.
Generally, for a person to lawfully transfer
a firearm to an unlicensed person who resides out of State, the firearm must
be shipped to a Federal Firearms Licensee (FFL)
within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a
NICS background check. More information can be obtained on the ATF website at
www.atf.gov
and
http://www.atf.gov/firearms/faq/unlicensed
-persons.html
. The GCA provides an exception
from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident
who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. §
922(a)(5)(A).

If she is already the owner due to the will or probate, and it has simply been in another state for storage, I would believe she can in this case, simply pick it up, and take it home.

quote:

Originally posted by Woodman:
I'd call the Virginia State Police and ask them.

http://www.vsp.state.va.us/Firearms.shtm

While this seems like a good idea, I can attest it is NOT. Police Officers are not in the business of firearm transfer laws, and I have been given personally bad information from VA State Police and MD State Police.

ATF website is a wealth of information. Your best bet is straight from the source.

quote:

Originally posted by Dreamerx4:

quote:

Originally posted by charlie12:
I have a deal something like that I've been wondering about. I live in Louisiana and my sister lives in Mississippi. Our daddy had a pistol that my sister wants. He died in 1980 and the pistol was bought new by him back in the 60's. It's been here at Daddy's house here in LA. since he died. I guess it's half mine and half hers since there was no will and we are the only two kids.
Can she just come get it and take it home with her?

Charlie12:
PER ATF:

.
Transferring/Shipping
/Possession
of Firearms
4.May I lawfully transfer a firearm to an individual who resides in a different Stat
e?
What if the individual resides within the same State?
Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an
individual who does not reside in the State where the transferee resides.
Generally, for a person to lawfully transfer
a firearm to an unlicensed person who resides out of State, the firearm must
be shipped to a Federal Firearms Licensee (FFL)
within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a
NICS background check. More information can be obtained on the ATF website at
www.atf.gov
and
http://www.atf.gov/firearms/faq/unlicensed
-persons.html
. The GCA provides an exception
from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident
who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. §
922(a)(5)(A).

If she is already the owner due to the will or probate, and it has simply been in another state for storage, I would believe she can in this case, simply pick it up, and take it home.

My thinking was since it was already half hers and neither state registers guns it might be ok if she just took it home.

Wonder what kind of paper work my daddy had to do back in the 60's when he bought it?

Gun control act took effect in 1968, before that, I truly don't know...
I was born in 72 My first gun was in the 90's, private sale in Alaska, no paperwork...

quote:

Originally posted by Dreamerx4:

quote:

Originally posted by ridewv:
Dreamer and Sig2340 thanks a lot. I’m not familiar with a lot of VA but they're in the Bristow area just east of Manassas is that near to either of you.

Closer to SIG2340, but he is north of that.

When you come into VA, you may travel on 81? Then to Rt. 7 east to Leesburg, down to Manassas?

I am 12 miles east of Winchester VA near Rt. 7.

Sig2340 is near ish to Rt. 7 and 28 I think. 28 would take you south to Manassas.

While others may have good intentions, there is some very poor advice in this thread, and it would not be worth Felony counts against you or your children for something so easy.

I am half a mile north of the intersection of Rts. 7 and 28 (between Rt. 7 and the Potomac River). I'm about 25 miles straight up 28N from Bristow. Dreamerx4 is about 25 miles west of me.

Can’t legally give them while I’m alive, maybe I should rethink and just let them pick my guns up after I die?

quote:

Originally posted by ridewv:
Can’t legally give them while I’m alive, maybe I should rethink and just let them pick my guns up after I die?

What's preventing you from giving them the guns while you're alive? Just go through FFL. Am I missing something, here?

Not missing a thing. Just would need to get the kids and I together at an FFL to accomplish it.

There are a lot of things that you can do, and probably not get caught. It is all fun and games until something unusual happens and police and lawyers start crawling all over the situation.

Usually a lot more convenient to just follow the letter of the law.

Of course, I can see how some people would resent (fear?) background checks when it is just a transfer between family members. If it came to a jury trial, I would probably vote "not guilty".. But it won't come to a jury trial, and you will have to gage how zealous you are in avoiding the gubmint checkers!

quote:

Originally posted by ridewv:
Not missing a thing. Just would need to get the kids and I together at an FFL to accomplish it.

You don't have to be at the licensee at the same time.

You can drop it off with the licensee, and they can come get it at a later date.

quote:

Originally posted by Sig2340:

quote:

Originally posted by Dreamerx4:
I am an ffl in Virginia, Berryville to be exact. I would be happy to help you out. Email is in my profile.

I'm one in Sterling, also happy to help.

ditto, in RVA

quote:

Originally posted by sourdough44:
Is it possible you already gave these two guns to your daughter when she lived with you? Now she is just taking them to her new house.

I tell my 21 y/o Son, basically these guns are yours, just may take a few years to catch up with you. I have officially 'gifted' a few that he uses now also.

"Fictions" like that are likely to backfire if a problem arises. It isn't really that you gave them a gift if you then kept possession of the gun for years. You guys have been watching too many lawyer shows. In the real world, that stuff doesn't work and everyone sees through the trick.

Interstate transfers require an FFL. I'd do it properly.

quote:

Originally posted by charlie12:
I have a deal something like that I've been wondering about. I live in Louisiana and my sister lives in Mississippi. Our daddy had a pistol that my sister wants. He died in 1980 and the pistol was bought new by him back in the 60's. It's been here at Daddy's house here in LA. since he died. I guess it's half mine and half hers since there was no will and we are the only two kids.
Can she just come get it and take it home with her?

That is a more complicated question than you even know. You first have to know what Louisiana intestacy (no will) law does with his personal property. You are assuming it is half owned by each of you. That may or may not be true. I don't know. Who actually owns the gun then determines what federal law says about transferring it.

If the pistol is 'half & half' just take something else of comparable value & let the other have the gun. Of course one could do it in reverse if the deal made more sense that way.

I will point out, as I often do in these sorts of threads, is that Federal laws do not concern themselves with ownership, but with possession. "Who owns it" makes no difference, who is passing it to who is what matters. I suspect there are applicable State laws as well.

quote:

Originally posted by Paten:
Even giving a gun to a family member requires a background check? I doubt it unless you know your daughter or son in law is a felon.

Yes, it does when they live in different states and even some state requires it for in-state transfers.

I gave my brother a handgun a few years back. Since we both live in MD it needed to go through an FFL or the state police. We did the transfer through the state police.

While it was a little PIA to go and meet at the police barracks otherwise it was pretty easy. That was before MD has changed some laws though. While I may not like some of our gun laws I do follow them. The transfer should be fairly easy and if something ever happens everything is legal.

From the ATF

Transferring/Shipping/Possession of Firearms:

4. May I lawfully transfer a firearm to an individual who resides in a different State?
What if the individual resides within the same State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

More information can be obtained on the ATF website at www.atf.gov and
Http://www.atf.gov/firearms/fa...icensed-persons.html.

The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For example, a friend visiting you may borrow a firearm from you to go hunting.

Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession.

This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. § 922(a)(5)(A).

In regard to transferring firearms between individuals residing in the same state, any person may sell a firearm to an unlicensed resident of the State where he resides as long as he or she does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law.

Please note that there may be State and local laws that regulate firearm transactions. Any person considering acquiring or transferring a firearm should contact his or her State Attorney General’s Office to inquire about the laws and possible State or local firearms restrictions.

A list of State Attorney General contact numbers may be found at
http://www.naag.org/.

quote:

Originally posted by HayesGreener:

quote:

Originally posted by creslin:
There's no firearm registration in either state - so it's not like they can actually track this stuff.
If it were me in your same shoes.. I'd simply hand them the guns and be done with it.

The less the government has to do in our daily lives the better.

For anyone considering this, don't. Here's a forseeable scenario. You give a pistol to a relative in another state without an ffl transfer. Your family member's house or car is burglarized and the pistol is stolen. It ends up on the street and is used in a crime. BATFE traces the gun and shows up on your doorstep with questions about how that gun ended up at a crime scene. You are screwed.

How would this be any different than a pistol stolen from your own vehicle in your state; you're still the last FFL transfer they can trace. Or what if you sold it private party in your state and didn't go through an FFL (where legal)? You're not any more screwed. You could have (legally) loaned the gun to a relative (no FFL transfer required) and then this happened. Bottom line is if a gun is stolen and you're the last FFL transfer associated with it, no matter how many further transfers have taken place, the cops are going to show up at your door. It's not the end of the world.

This brings up an interesting question..

What if the person who legally owns the gun dies and in his will it is to be given to a child who resides out of state...

How is that handled? Does the executor go to a FFL to do the transfer??