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Discussion Starter #1
If a person had a relative in a neighboring state, say Tennesee, and that relative passed away and the spouse says come get the safe and all the guns in it, would their be any need to go through a FFL? And, if the recieving party were to sell some on behalf of the survivor, say on well respected firearms site with real good members, would there be any issues?
Inquiring minds and all that.........
Thanks
 

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Per the ATF it is permissible:

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

To whom may an unlicensed person transfer firearms under the GCA?
A person may transfer a firearm to an unlicensed resident of their state, provided the transferor does not know or have reasonable cause to believe the transferee is prohibited from receiving or possessing firearms under federal law. There may be state laws that regulate intrastate firearm transactions. A person considering transferring a firearm should contact their State Attorney General’s Office to inquire about the laws and possible state or local restrictions.

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 transferee’s state of residence. The transferee may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check.

A person may loan or rent a firearm to a resident of any state for temporary use for lawful sporting purposes, if they do not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under federal law.

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 the will of a decedent.


A person may transfer a firearm to a licensee in any state. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.

[18 U.S.C 922(a)(5) and 922(d); 27 CFR 478.30, 478.32]
If you are the one inheriting, then they are yours to do with as you please. What you do with the proceeds from any sale of what are now your guns is your business.

You should contact a lawyer who is knowledgeable about such things, however, before committing to this.
 

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Too many variables here for me to even guess at the right answer.

In any case, I'd strongly recommend getting the legal answer in writing.
 

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If the spouse is the executor of the estate, and the estate is small enough it does not have to go through probate, she can legally transfer the guns to you as part of the decedent's wishes (written or verbal). If a will has to go through probate, or another person is the executor, it gets more complicated. The executor can provide a letter transferring ownership. To be safe, seek the advise of an estate attorney in TN to make sure it's a legal bequest.
 

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The FFL exeption that is in the law for an inheritance is for a firearm that is bequethed directly from the dead guy to the recipient. In this case, it appears that the "ownership" of the firearm passed to another relative who then tells the OP "come and get them". This does not qualify for that inheritance exception since the OP really isn't the one inheriting them. Therefore, the legal way is through an FFL in MS.
 

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First off, sorry for your family lose.
Are all the guns registered? They will need to be turned over to a TN FFL dealer for transfer to a MS FFL dealer and transferred to the buyer. You being the inheritance you are the buyer. average about $50 per gun. Bill of sales and FFL copies if you sell to others to keep you legal.
Read the rules a few times and you'll find a loop hole in the rules.
 

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Actually you can buy a long arm from adjoining state under fed law. I think you still have to register it/them with the local sheriffs department though. Hand guns on the other hand have to go through a ffl holder unless they are curio/relic which that license will do. IIRC. It would be best to have a bill of sale with you just in case you are pulled over.
 

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Actually you can buy a long arm from adjoining state under fed law. I think you still have to register it/them with the local sheriffs department though. Hand guns on the other hand have to go through a ffl holder unless they are curio/relic which that license will do. IIRC. It would be best to have a bill of sale with you just in case you are pulled over.
You are not obligated to register any firearm with anyone.
 

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Actually you can buy a long arm from adjoining state under fed law. I think you still have to register it/them with the local sheriffs department though. Hand guns on the other hand have to go through a ffl holder unless they are curio/relic which that license will do. IIRC. It would be best to have a bill of sale with you just in case you are pulled over.
Not even remotely correct.
1. No gun registration in MS (or in most states) at all.
2. ALL transfers of firearms that cross state lines must go through an FFL unless it qualifies for one of the specific exemptions (like the previously mentioned inheritance). If it is a long gun, it can be transferred in either the state of the buyer or the state of the seller. If it is a handgun, it must be transferred at an FFL in the state of the buyer.
 
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