Inheritance Laws

[drummingchevy]

My grandmother passed away a few years ago and my dad ended up with several of her guns, but they were not included on the will so there is no official documentation stating how my father gained ownership of them. Well, now my parents are downsizing and trying to get rid of as much stuff in the house as they can and my dad wants to give me a few of these guns. However, with no records of how these guns have been transferred in the past, my dad and I are concerned that he or I could end up in hot water if the police ever try to run a background check on these guns for any reason. So, the question is: With no records on these guns, can my dad just give it to me? (I know he can legally gift a gun to me, but these have an unknown history.)

To make things more interesting, I am going to Arizona in a few weeks and I'm curious as to whether or not this could affect things (as in, will the laws on this inheritance be different?). Thanks.

 

[navyguy]

There is no gun registration in Texas. No worries. Just take the guns.

 

[majormadmax]

If it makes you feel better, I'll take 'em!

Seriously, as my esteemed colleague NavyGuy stated, there is no registration in Texas so you can legally take possession of them if they are here.

I don't know what the laws are in Arizona, but a quick check shows they don't have gun registration so I doubt there would be any problem there either. But if you are not an Arizona resident, I am not sure if obtaining/being gifted the guns in that state and bringing them back here would be legal; and honestly I would do some research on the issue yourself and contact the appropriate authorities to clear up any questions you might have. You will get good advice on this forum, and hopefully some direction on where to get the information you need; but in the end it is your ass that will end up in jail if you violate a state or Federal regulation so I would strongly recommend you be 100% sure of the answers you get.

By the way, Arizona gun laws are found mostly in Title 13, Chapter 31 of the Arizona Revised Statutes.http://en.wikipedia.org/wiki/Gun_laws_in_the_United_States_(by_state)#cite_note-11

Good luck!

Cheers! M2

 

[Army 1911]

Az is a gun friendly state. If you are going there (driving) just pick them up. Keep them in the trunk of your car until you get home. I don't think any laws would be broken. No FFL transfers should be necessary.

 

[matefrio]

Don't worry about law enforcement, you've done nothing wrong by possessing guns without a documented history.

You might want to worry about relatives claiming they are entitled to the guns left to your father by your grandmother. Moving to another state may complicate that process if it happens.

 

[navyguy]

I received several guns when my Dad died in 2007 in the most gun unfriendly state in the US. Illinois. I brought two home on the airlines and shipped one. I checked all of the laws (talked to to layer that was handling the estate) even in that very restrictive state it was asserted that my Dad (RIP) wanted me to have them, so upon his death they were mine. But as suggested, check out the local laws, but I'm almost certain you're good to go by just bringing them home.

 

[Texan2]

take the guns....dont give it a second thought

 

[majormadmax]

Az is a gun friendly state. If you are going there (driving) just pick them up. Keep them in the trunk of your car until you get home. I don't think any laws would be broken. No FFL transfers should be necessary.

Texas is a gun-friendly state as well, but it still has laws and restrictions when it comes to transferring firearms to non-residents...

 

[matefrio]

§ 922 Unlawful acts.
(a) It shall be unlawful-....

.....(3) for any person other than a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector to transport into or receive in
the State where he resides (or if the
person is a corporation or other business
entity, the State where it maintains
a place of business) any firearm purchased
or otherwise obtained by such
person outside that State, except that
this paragraph (A) shall not preclude
any person who lawfully acquires a
firearm by bequest or intestate succession
in a State other than his State of
residence from transporting the firearm
into or receiving it in that State, if it is
lawful for such person to purchase or
possess such firearm in that State,

(5) for any person (other than a licensed
importer, licensed manufacturer,
licensed dealer, or licensed
collector) to transfer, sell, trade, give,
transport, or deliver any firearm to any
person (other than a licensed importer,
licensed manufacturer, licensed dealer,
or licensed collector) who the transferor
knows or has reasonable cause to believe
does not reside in (or if the person
is a corporation or other business entity,
does not maintain a place of business
in) the State in which the
transferor resides; except that this
paragraph shall not apply to (A) the
transfer, transportation, or delivery of a
firearm made to carry out a bequest of
a firearm to, or an acquisition by intestate
succession of a firearm by, a person
who is permitted to acquire or
possess a firearm under the laws of the
State of his residence,

 

[medalguy]

Let's go on the assumption that what everyone says here is correct, no problem. However, has it been noticed by anyone that this thread didn't specify what KIND of guns? Just exactly what KIND of guns are we talking about here? Are these by any chance machine guns that someone brought back from WW II or something similar? If that's the case we're looking at a whole 'nother situation. If on the other hand we're talking about a few rifles and shotguns, then fine.

 

[drummingchevy]

Nothing illegal. They all still have their original serial #'s and they are all standard "civilian" firearms.

Thanks for all the replies and advice, everyone!