Posted: 12/18/2015 8:02:12 PM EDT
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Hypothetical Situation: Grandparent passes away. Grandson wants two long guns. Can grandson just take possession of long guns through the estate or does he have to do a background check and get them transferred through an FFL? |
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Hypothetical Situation: Grandparent passes away. Grandson wants two long guns. Can grandson just take possession of long guns through the estate or does he have to do a background check and get them transferred through an FFL? If said grandson lives in the glorious state of Ohio, his best bet would be to throw them into the trunk of his car and drive back to Ohio quickly. Theoretically.... |
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If said grandson lives in the glorious state of Ohio, his best bet would be to throw them into the trunk of his car and drive back to Ohio quickly. Theoretically.... Quoted:
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Hypothetical Situation: Grandparent passes away. Grandson wants two long guns. Can grandson just take possession of long guns through the estate or does he have to do a background check and get them transferred through an FFL? If said grandson lives in the glorious state of Ohio, his best bet would be to throw them into the trunk of his car and drive back to Ohio quickly. Theoretically.... Unfortunately, it's not me or else they'd have been moved years ago. There's questions brought up by siblings who don't think the grandson should have taken them and whether or not they needed to go through an FFL. |
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Unfortunately, it's not me or else they'd have been moved years ago. There's questions brought up by siblings who don't think the grandson should have taken them and whether or not they needed to go through an FFL. Quoted:
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Hypothetical Situation: Grandparent passes away. Grandson wants two long guns. Can grandson just take possession of long guns through the estate or does he have to do a background check and get them transferred through an FFL? If said grandson lives in the glorious state of Ohio, his best bet would be to throw them into the trunk of his car and drive back to Ohio quickly. Theoretically.... Unfortunately, it's not me or else they'd have been moved years ago. There's questions brought up by siblings who don't think the grandson should have taken them and whether or not they needed to go through an FFL. Worries about someone opening their mouth? It's not like anyone knows... But if you are trying to do it all perfect I think you have to go through FFL now |
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I believe SAFE only allows for non-FFL transfer from parent to child. Correct, and if the executor is the parent, it could likewise be transferred. ie. grandpa dies, daughter handles the estate (parent to child), Mother give rifle to son (again Parent to Child AND assuming, he's of age and eligible to possess) Handguns are the real concern. My motto in life: "Shoot, shovel, shut-up." 
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Correct, and if the executor is the parent, it could likewise be transferred. ie. grandpa dies, daughter handles the estate (parent to child), Mother give rifle to son (again Parent to Child AND assuming, he's of age and eligible to possess) Handguns are the real concern. My motto in life: "Shoot, shovel, shut-up." Quoted:
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I believe SAFE only allows for non-FFL transfer from parent to child. Correct, and if the executor is the parent, it could likewise be transferred. ie. grandpa dies, daughter handles the estate (parent to child), Mother give rifle to son (again Parent to Child AND assuming, he's of age and eligible to possess) Handguns are the real concern. My motto in life: "Shoot, shovel, shut-up." The funny thing is that some of the FAQ cheat sheets out there say you don't need an FFL if its immediate family, to include spouses, stepkids, etc I have to wonder if they intentionally mislead the reader or if its accidental |
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If Grandsons Parent is still living and he long guns were transferred to parent then child good to go. Sounds like a plan for the family Christmas dinner get together. Grandad to dad: Son, here ya go" passing rifle to his son as they sit around the living room watching TV Dad to son: "son, here ya go". passing rifle to HIS son. |
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Sounds like a plan for the family Christmas dinner get together. Grandad to dad: Son, here ya go" passing rifle to his son as they sit around the living room watching TV Dad to son: "son, here ya go". passing rifle to HIS son. Quoted:
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If Grandsons Parent is still living and he long guns were transferred to parent then child good to go. Sounds like a plan for the family Christmas dinner get together. Grandad to dad: Son, here ya go" passing rifle to his son as they sit around the living room watching TV Dad to son: "son, here ya go". passing rifle to HIS son. You're spot on. I think we're supposed to talk to our families about gun control.... |
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Sounds like a plan for the family Christmas dinner get together. Grandad to dad: Son, here ya go" passing rifle to his son as they sit around the living room watching TV Dad to son: "son, here ya go". passing rifle to HIS son. Quoted:
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If Grandsons Parent is still living and he long guns were transferred to parent then child good to go. Sounds like a plan for the family Christmas dinner get together. Grandad to dad: Son, here ya go" passing rifle to his son as they sit around the living room watching TV Dad to son: "son, here ya go". passing rifle to HIS son. |
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This is what I always thought as well, seems like this has nothing to do with SAFE act. Quoted:
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transfers across state lines need a back ground check This is what I always thought as well, seems like this has nothing to do with SAFE act. Who said anything about crossing state lines? Old people die. Grand son may want firearms. Executor wants to know if FFL transfer is needed to keep liberal family members at bay. |
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Who said anything about crossing state lines? Old people die. Grand son may want firearms. Executor wants to know if FFL transfer is needed to keep liberal family members at bay. Now there's the real problem. Anyway, could there be an arguement made that the items were actually given to the grandson a long, long time ago (pre unsafe act) and just pysically turned over at death? |
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I believe SAFE only allows for non-FFL transfer from parent to child. Immediate family; spouses, domestic partners  , children.
Now if grandpa's estate goes by law or by will to the father/mother, then they, as lawful owners can legally give a firearm to the child. No FFL transfer required as far as I understand it. Now how much of a pause in between I have no fricken clue. Welcome to the high quality of the safe act. As was said father to son, repeat, father to son. Two lawful transfers in succession. Also the law says they have to members of the immediate family. The members of the family include spouses, domestic partners, children, and step children. It doesn't say what directions the transfer must go, only that both persons are members of that set. I would argue the children can also exchange between themselves. I don't see anything where they still have to live in the same house, can't be brothers of 41 and 44 years of age. They're still immediate family. The whole framework of the law is subjective and wonky. Well that and old guns were given away long ago. ETA2 for your perusal; Snipped from General Business Law Sec. 898. Private sale or disposal of firearms, rifles and shotguns. 1. In addition to any other requirements pursuant to state and federal law, all sales, exchanges or disposals of firearms, rifles or shotguns shall be conducted in accordance with this section unless such sale, exchange or disposal is conducted by a licensed importer, licensed manufacturer or licensed dealer, as those terms are defined in 18 USC ยง 922, when such sale, exchange or disposal is conducted pursuant to that person's federal firearms license or such sale, exchange or disposal is between members of an immediate family. For purposes of this section, "immediate family" shall mean spouses, domestic partners, children and step-children. 2. Before any sale, exchange or disposal pursuant to this article, a national instant criminal background check must be completed by a dealer who consents to conduct such check, and upon completion of such background check, shall complete a document, the form of which shall be approved by the superintendent of state police, that identifies and confirms that such check was performed. 3. All dealers shall maintain a record of such transactions conducted pursuant to this section and such record shall be maintained on the premises mentioned and described in the license and shall be open at all reasonable hours for inspection by any peace officer, acting pursuant to his or her special duties, or police officer. 4. A dealer may require that any sale or transfer conducted pursuant to this section be subject to a fee of not to exceed ten dollars per transaction. 5. Any record produced pursuant to this section and any transmission thereof to any government agency shall not be considered a public record for purposes of article six of the public officers law. 6. Any person who knowingly violates the provisions of this article shall be guilty of a class A misdemeanor punishable as provided for in the penal law. |