inheriting guns from out of state

[saj111]

i know I've seen this addressed before but my searches have not gotten results. I'm doing research for a friend who has inherited some guns, both long and handguns, from a relative in Montana.
he will be driving back with the guns next week. we would like to know the rules for this type of transfer. my first take is just wrap them up well and drive back with them but if he got stopped and searched it might turn out to be a hassle if rules are broken.
thanks for any knowledgeable input.

[seamusTX]

Going from Montana to Texas, he can just stow them cased and unloaded and hit the road.

As usual, IANAL, etc. You can verify this information on the ATF FAQ web site.

It might be another story if he was starting in or passing through one of those vile states that have registration and restrictive transport laws.

- Jim

[jester]

If they're normal (Title I) firearms and you stay in America, you're covered by Federal law for transporting unloaded firearms locked in the trunk or other container, if they're legal at your origin and destination. Avoid foreign countries like Mexico, Canada and Massachusetts.

[seamusTX]

I suggest not pushing your luck with the Firearm Owners Protection Act of 1986 in New Jersey, Maryland, or the District of Columbia. That's just the short list.

However, a direct route between Montana and Texas is not going to pass through any such state.

- Jim

[Kevinf2349]

However, a direct route between Montana and Texas is not going to pass through any such state.

- Jim

Just don't take my wife as a navigator and you should be good to go!

[chartreuse]

Avoid foreign countries like Mexico, Canada and Massachusetts.

[saj111]

However, a direct route between Montana and Texas is not going to pass through any such state.

- Jim

Just don't take my wife as a navigator and you should be good to go!

at least kevin didn't say "take my wife, please!"

when my wife navigates, she has the directions ok and just forgets to mention the turns.

[saj111]

seamus, thanks for the information. reading the atf faq it looked like bequeathed guns are exempt but i wanted to hear it from someone else also.

[KahrGuy]

How about Illinois? Traveling from TX to IL, I believe TX CHL has reciprocal in every state between "except", of course, Illinois - the one I'd be actually visiting & not just passing through! How would one have protection if driving to IL? Illinois has a "FOID" license to residents (which I use to have years ago), but now I don't know if it'll be possible for me to carry as far as I can and store before crossing line from Missouri to Illinois!

Anyone have experience with this - travel to Illinois frequently and aware of rules? Is it possible to obtain Illinois FOID license if out-of-state non-resident?

[SQLGeek]

He way want to double check that the guns are bequeathed to him in a will or trust. If they are not, I believe that he will have to do an FFL transfer on them. This is based upon some reading I've done online while researching what it would take to obtain my father's guns from California.

Somebody please correct me if I am wrong.

[seamusTX]

Illinois can be a risky state for non-residents carrying firearms in any way shape or form. Outside the counties that surround Chicago, the state is almost normal. However, laws on the books allow police harassment should you become an object of their attention.

I don't know the current Illinois laws well enough to say anything specific. In the extremely unlikely event I were planning a car trip there, I would research the issues starting with http://www.isra.org/" onclick="window.open(this.href);return false;

You cannot rely on a plain reading of the statutes. One example is a state law that allows residents who are otherwise legal to carry unloaded firearms in a "case." Police in some areas were interpreting case to mean only a case specifically manufactured to carry a firearm. ISRA had to raise Cain to get a ruling that any sturdy case was sufficient.

California prohibits undocumented transfers of firearms between private parties. They may require a will or other document for a legal inheritance transfer.

As far as I know, most states recognize common-law inheritance for property other than real estate and titled vehicles, boats, etc.

If you want legal advice in these areas, you have to pay for it. Welcome to the land of the free.

- Jim

[SQLGeek]

California prohibits undocumented transfers of firearms between private parties. They may require a will or other document for a legal inheritance transfer.

I understood it to be a Federal requirement since it would be an interstate transfer.

[seamusTX]

I dunno. State and federal law conflict all the time.

The feds do not require interstate transfers of inherited firearms to go through an FFL, which all other interstate transfers must do.

California may require all transfers to go through a dealer. If you inherit a firearm and go to California to pick it up, the transfer is taking place in California.

- Jim

[SQLGeek]

Surprisingly enough, California actually allows firearms to be bequeathed in many circumstances without a transfer. Handguns do have to be registered with the state however.